The Environmental Permitting (England and Wales) Regulations 2010

Regulation 68

SCHEDULE 25 E+W+S Waste and extractive waste

PART 1 E+W+S Interpretation

Interpretation: general E+W+S

1.—(1) In this Schedule—

F1 ...

[F2 “collection” has the same meaning as in Article 3(10) of the Waste Framework Directive; ”]

“collection point” means a place which is used for the collection of waste by an establishment or undertaking where the establishment or undertaking does not—

(a)

receive payment for collecting the waste, or

(b)

collect waste as its main business activity;

F1 ...

F1 ...

F1 ...

“place of production” means, in relation to any waste, the place where the waste was originally produced;

F1 ...

F1 ...

F1 ...

F1 ...

F1 ...

F1 ...

(2) For the purposes of this Schedule, a container, lagoon or other place is secure in relation to waste kept in it if—

(a) all reasonable precautions are taken to ensure that the waste cannot escape from it; and

(b) members of the public are unable to gain access to the waste.

Textual Amendments

F1 Words in Sch. 25 Pt.1 para. 1 omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 3 para. 14(a) (with regs. 2, 47(2))

F2 Words in Sch. 25 Pt. 1 substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 3 para. 14(b) (with regs. 2, 47(2))

Interpretation: specified functions E+W+S

F3 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 25 Pt.1 para. 2 omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 3 para. 14(c) (with regs. 2, 47(2))

F4 PART 2 E+W+S Requirements of authorities

Textual Amendments

F4 Sch. 25 Pt. 2 omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 3 para. 15 (with regs. 2, 47(2))

[F4 Exercise of specified functions: all waste operations E+W+S

1.— (1) Every authority must exercise its specified functions in relation to every waste operation—

(a) or the purposes of implementing Article 4 of the Waste Framework Directive; and

(b) when exercising a function under the plan making provisions, for the purposes of implementing Article 3(1) of the Waste Framework Directive.

(2) An appropriate authority must exercise its specified functions in relation to every waste operation so as to ensure that the records referred to in Article 14 of the Waste Framework Directive are kept and made available to it on request. ]

[F4 Exercise of specified functions: disposal of waste E+W+S

2.— (1) Every authority must exercise its specified functions in relation to the disposal of waste—

(a) for the purposes of implementing Article 5 of the Waste Framework Directive, ignoring the words “in cooperation with other Member States where this is necessary or advisable”;

(b) for the purposes of implementing, so far as material, any waste management plan.

(2) An appropriate authority must exercise its specified functions in relation to the disposal of waste so as to ensure that the requirements in the second paragraph of Article 9(1) of the Waste Framework Directive are met. ]

[F4 Periodic inspections E+W+S

3.   Every authority must make appropriate periodic inspections of every establishment or undertaking carrying on a waste operation in relation to which it is required to exercise its specified functions under paragraph 1 or 2 of this Part. ]

[F4 Requirements applying to planning authorities E+W+S

4.— (1) Nothing in paragraph 1 or 2 of this Part requires a planning authority to deal with a matter which an appropriate authority or a regulator has power to deal with.

(2) A planning authority must not grant planning permission or development consent for a landfill unless it has taken the requirements of paragraph 1.1 of Annex 1 to the Landfill Directive into consideration.

(3) A mineral planning authority must not grant planning permission for a mining waste facility to which Article 7 of the Mining Waste Directive applies unless it is satisfied that—

(a) the operator of that facility will meet the requirements of Article 11(2)(a) of that Directive; and

(b) the management of waste at that facility will not conflict directly or otherwise interfere with the implementation of the plan or plans referred to in Article 7(3)(b) of that Directive.]

PART 3 E+W+S Operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

General E+W+S

1.—(1) The descriptions in this Part are set out in the first sub-paragraph of each paragraph.

(2) The conditions for an operation of each description are set out in the second sub-paragraph of each paragraph.

Temporary storage at the place of production E+W+S

2.—(1) The temporary storage of any waste at the place of production, pending its collection.

(2) For the purposes of this paragraph, the conditions are—

(a) no waste is stored for longer than 12 months; and

(b) the waste is stored in a secure place.

Temporary storage of waste at a place controlled by the producer E+W+S

3.—(1) The temporary storage of any waste, pending its collection, at a place controlled by the producer of the waste.

(2) For the purposes of this paragraph, the conditions are—

(a) the producer has control over the waste and the storage place;

(b) the waste does not contain or consist of—

(i) unbonded asbestos, or

(ii) any substance with a flash point of less than 21 degrees Celsius;

(c) the operation is not carried on in the course of providing a waste management service to another person;

(d) the waste is stored in a secure place;

(e) where more than one type of waste is stored, the types are not mixed;

(f) no waste is stored for longer than 3 months;

(g) in relation to non-liquid waste, the total quantity stored at any one time does not exceed 50 cubic metres; and

(h) in relation to liquid waste—

(i) the total quantity stored at any one time does not exceed 1,000 litres,

(ii) the waste is stored in a container with secondary containment.

Temporary storage at a collection point E+W+S

4.—(1) The temporary storage of waste at a collection point for the purposes of recovering or disposing of the waste elsewhere.

(2) For the purposes of this paragraph, the conditions are that—

(a) the waste does not contain or consist of—

(i) asbestos,

(ii) any substance with a flash point of less than 21 degrees Celsius;

(b) the waste is stored in a secure container;

(c) where more than one type of waste is stored, the types are not mixed;

(d) in relation to WEEE, the total quantity of waste stored at any one time does not exceed 30 cubic metres;

(e) in relation to non-hazardous waste that —

(i) is not WEEE, and

(ii) is to be recovered elsewhere,

the total quantity of waste stored any one time does not exceed 50 cubic metres; and

(f) in relation to waste not covered by paragraph (d) or (e), the total quantity of waste stored at any one time does not exceed 5 cubic metres.