Waste as a renewable source
5.—(1) For the purposes of sections 32 to 32M of the Act and this Order, the term “renewable sources” includes renewable waste.
(2) Subject to paragraph (3), where waste is being used to fuel a generating station, the proportion of the waste which is, or is derived from, fossil fuel—
(a)is to be determined by the Authority, and
(b)is—
(i)for any waste that is a fossil derived bioliquid, the energy content of the fossil fuel from which the fossil derived bioliquid is directly or indirectly produced expressed as a percentage of the energy content of that fossil derived bioliquid as a whole,
(ii)for all other waste, the energy content of the fossil fuel from which the waste is in part composed or derived expressed as a percentage of the energy content of that waste as a whole.
(3) Where the operator of a generating station in which municipal waste is used satisfies the Authority—
(a)by reference to data published by an allocating authority, a waste disposal authority or a waste collection authority, that the proportion of the municipal waste so used which is, or is derived from, fossil fuel, is unlikely to exceed 50%, and
(b)that the municipal waste so used has not been subject to any process before being so used that is likely to have materially increased that proportion,
that constitutes sufficient evidence of the fact that the proportion of the municipal waste so used which is, or is derived from, fossil fuel is 50%.
(4) Where—
(a)municipal waste is used in a generating station and—
(i)the Authority is not satisfied as to the matters identified in paragraph (3), or
(ii)the operator of the station is claiming that the proportion of that waste which is, or is derived from, fossil fuel is less than 50%; or
(b)waste (not being municipal waste) is used in a generating station and the Authority is not satisfied as to what proportion of the waste is, or is derived from, fossil fuel,
the Authority may require the operator of the generating station to arrange for samples of any fuel used (or to be used) in the station, or of any gas or other substance produced as a result of the use of such fuel, to be taken by a person, and analysed in a manner approved by the Authority, and for the results of that analysis to be made available to the Authority.
(5) In this article—
“allocating authority” and “waste disposal authority” have the same meaning as in Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003(1);
“waste collection authority” has the same meaning as in Part 2 of the Environmental Protection Act 1990(2).
2003 c.33. See section 24 of the Waste and Emissions Trading Act 2003. Section 24 has been amended by S.I. 2013/141, regulations 3(1) and (4) and the Local Government and Public Involvement in Health Act 2007 (c.28), section 209(1).
1990 c.43. See section 30 of the Environmental Protection Act 1990. Section 30 has been amended by the Local Government (Wales) Act 1994 (c.19), section 66(8), Schedule 9, paragraph 17(3) and Schedule 18 and the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 167(3).