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The Hazardous Waste (Wales) Regulations 2005
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Records of tipped (discharged) hazardous wasteE+W
47.—(1) Any person who tips (discharges) hazardous waste (whether by way of disposal or storage) in or on any land must record and identify the waste in accordance with the following requirements of this regulation and regulation 51.
(2) A record must include either—
(a)a site plan marked with a grid, or
(b)a site plan with overlays on which the deposits of the tipped (discharged) waste are shown in relation to the contours of the site.
(3) Records made under this regulation are to be kept in a register.
(4) Deposits must be identified by reference to both—
(a)the relevant description and six digit code in the List of Wastes, together with a description of the composition of the waste; and
(b)the consignment note relating to such waste, save that where waste is disposed of within the curtilage of the premises at which it is produced the deposits must be described by reference to the quarterly return made to the [F1NRBW] by the hazardous waste producer under regulation 53.
(5) A person who is required to compile or retain a register pursuant to this regulation must—
(a)update the register as soon as reasonably practicable and in any event within 24 hours of the receipt, or deposit, as the case may be, of the waste;
(b)keep the register on the site where the tipping takes place; F2...
(c)[F3subject to paragraph (5A),] retain the records—
(i)for three years after deposit of the waste; or
(ii)if he or she has a waste permit pursuant to which the site is operated, until that permit is surrendered or revoked.
[F4(5A) If the person required to make or retain a register has a waste permit pursuant to which the site is operated, the period for retention of a consignment note required to be kept by regulation 51(2)(a) is—
(a)for 5 years after the deposit of the waste; or
(b)if the permit authorises disposal of waste in a landfill, until the permit is surrendered or revoked.
(5B) In paragraph (5A), “landfill” has the meaning given in Article 2(g) of [F5the Landfill Directive] but does not include any operation excluded from the scope of that Directive by Article 3(2) [F6or (3)].]
(6) In reckoning any period of hours for the purposes of this regulation or regulation 48, only the days or hours of any business day are to be counted.
Textual Amendments
F1Word in reg. 47(4)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 5 para. 30(e) (with Sch. 7)
F2Word in reg. 47(5) omitted (29.3.2011) by virtue of The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 17(a)
F3Words in reg. 47(5)(c) inserted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 17(b)
F4Reg. 47(5A)(5B) inserted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 17(c)
F5Words in reg. 47(5B) substituted (31.12.2020) by virtue of The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/414), regs. 1(2)(b), 8(7); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 47(5B) inserted (19.11.2020) by The Waste (Wales) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1179), regs. 1(2), 4(6)(b)
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