The Waste (Circular Economy) (Amendment) Regulations 2020

The Environmental Permitting (England and Wales) Regulations 2016

21.—(1) The Environmental Permitting (England and Wales) Regulations 2016(1) are amended as follows.

(2) In regulation 3—

(a) in the definition of “the Batteries Directive”, after “waste batteries and accumulators” insert “, as last amended by Directive (EU) 2018/849”;

(b) in the definition of “the End-of-Life Vehicles Directive”, after “on end-of-life-vehicles” insert “, as last amended by Commission Delegated Directive (EU) 2020/363”;

(c) in the definition of “the Landfill Directive”, after “landfill of waste” insert “, as last amended by Directive (EU) 2018/850”;

(d) in the definition of “the Waste Framework Directive”, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”;

(e) in the definition of “the WEEE Directive”, after “(WEEE)” insert “, as last amended by Directive (EU) 2018/849”.

(3) In Schedule 2—

(a) in paragraph 1(2), for “T32” substitute “T33”;

(b) in paragraph 17—

(i) in paragraph (1)(b)—

(aa) in paragraph (ii), at the end add “, T12, T14, T15, T30, T33 or U8”;

(bb) in paragraph (iii), for “T3 or T7” substitute, “T3, T7 or T17”;

(ii) in sub-paragraph (3)—

(aa) for paragraph (a) substitute—

“(a) keep chronological records of—

(i) the quantity, nature and origin of all waste disposed of or recovered in the course of that operation;

(ii) where the waste operation involves the treatment of hazardous waste, the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations in the course of that operation; and

(iii) where relevant, the destination, frequency of collection, mode of transport and treatment method of all waste disposed of or recovered in the course of that operation; and”;

(bb) in paragraph (b), for “T3 or T7” substitute “T3, T7 or T17”;

(iii) for sub-paragraph (4)(a) and (b), substitute—

“(a) if the operation involves the treatment of hazardous waste—

(i) retain any records that it is required to keep under sub-paragraph (3) for a period of 3 years; and

(ii) during that period, if the exemption registration authority so directs, send those records to the exemption registration authority in such form and manner as the exemption registration authority specifies,

(b) if the operation does not involve the treatment of hazardous waste—

(i) retain any records that it is required to keep under sub-paragraph (3) for a period of 2 years; and

(ii) during that period make those records available to the exemption registration authority on request.”.

(4) In Schedule 3—

(a) in Chapter 1, in paragraph 1(8)(b)—

(i) for “T32” substitute “T33”;

(ii) for “32” substitute “33”;

(b) in Chapter 3—

(i) in Section 1, in paragraph 1—

(aa) in sub-paragraph (1)(a), for “T32” substitute “T33”;

(bb) in sub-paragraph (2), for “T32” substitute “T33”;

(ii) in Section 2—

(aa) omit paragraph 22;

(bb) at the end, insert—

“Recovery of central heating oil by filtration (T33)

33.— (1) The recovery of central heating oil by filtering relevant waste.

(2) The table specifying relevant waste for the purpose of this paragraph is set out below.

Codes	Waste types
130701*	Central heating oil only

(3) For the purpose of this paragraph, the specific conditions are that—

(a) the total quantity of the waste treated over any 7 day period does not exceed 400 litres,

(b) the waste is stored with secondary containment,

(c) the treatment is carried on at a location with sealed drainage, and

(d) the operation is for the purpose of reusing the waste.”.

(5) In Schedule 9, after Part 3, insert—

“Part 4 Waste separately collected for preparing for re-use and recycling not to be incinerated

1.— (1) Every environmental permit which authorises a small waste incineration plant, a waste co-incineration plant, or a waste incineration plant is deemed to contain the following condition, unless such a condition to the same effect is included in the permit.

(2) The condition is that the operator must not accept—

(a) any waste paper, metal, plastic or glass for incineration if that waste has been separately collected for the purpose of preparing for re-use or recycling; or

(b) any waste for incineration that results from the treatment of waste referred to in paragraph (a), unless—

(i) the relevant permit authorises the operator to accept that type of waste for incineration; and

(ii) incineration of that waste delivers the best environmental outcome in accordance with regulation 12 of the Waste (England and Wales) Regulations 2011.”.

(6) In Schedule 10—

(a) in paragraph 2(1)(d), at the end insert “or (3)”;

(b) after paragraph 5 insert—

“Waste separately collected for preparing for re-use and recycling not to be landfilled

5A.— (1) Every environmental permit which authorises a landfill is deemed to contain the following condition, unless such a condition to the same effect is included in the permit.

(2) The condition is that the operator must not accept—

(a) any waste paper, metal, plastic or glass for landfill if that waste has been separately collected for the purpose of preparing for re-use or recycling; or

(b) any waste for landfill that results from the treatment of waste referred to in paragraph (a), unless—

(i) the relevant permit authorises the operator to accept that type of waste for landfill; and

(ii) landfill of that waste delivers the best environmental outcome in accordance with regulation 12 of the Waste (England and Wales) Regulations 2011.”.

(7) In Schedule 20, in paragraph 6, at the end insert “and Commission Implementing Decision (EU) 2020/248 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC(2)”.

(1)

S.I. 2016/1154; relevant amending instruments are S.I. 2018/575, S.I. 2018/721 (W. 140) and S.I. 2018/1227. In regulation 3, the definitions of “the Batteries Directive”, “the End-of-Life Vehicles Directive”, “the Landfill Directive”, “the Waste Framework Directive” and “the WEEE Directive” are prospectively amended from IP completion day by S.I. 2019/39.

(2)

OJ No L 51, 25.2.2020, p. 4.