The Hazardous Waste (Wales) Regulations 2005

Records of disposal or recovery by other means E+W

48.—(1) Any person who—

(a) disposes of hazardous waste in or on land (other than any disposal covered by regulation 47);

(b) recovers hazardous waste in or on land; or

(c) receives hazardous waste at a transfer station,

must record and identify any hazardous waste received in accordance with the following requirements of this regulation and regulation 51.

(2) The waste must be identified in the record by reference to the relevant description in the List of Wastes and six digit code, and the entry must include a description of the composition of the waste.

(3) The record must include—

(a) the quantity, nature and origin of any such waste;

(b) the relevant hazardous properties;

[F1 (c) the disposal or recovery method in respect of the waste by reference to the numbering and description applicable in accordance with [F2 Annex I or II of the Waste Directive (as the case may be)]; and]

(d) an inventory showing the specific location at which the waste is being held.

(4) Records made under this regulation must be kept in a register.

(5) The register must be updated as soon as reasonably practicable and in any event no later than 24 hours after—

(a) a consignment of hazardous waste is received;

(b) any recovery or disposal operations are carried out or any hazardous waste is placed in storage at the transfer station, as the case may be; or

(c) any hazardous waste is removed from the premises.

(6) A person who is required to make or retain records pursuant to this regulation must—

(a) keep the register of the records on the site where the recovery operations take place or the transfer station is operated, as the case may be; F3 ...

(b) [F4 subject to paragraph (6A),] retain the records—

(i) where the hazardous waste is fully recovered, or remains at a transfer station, as the case may be, until it leaves the site and for three years thereafter; or

(ii) if he or she has a waste permit pursuant to which the site is operated, until that permit is surrendered or revoked.

[F5 (6A) 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 disposal or recovery of the waste; or

(b) if the permit authorises disposal of waste in a landfill (in addition to other treatment), until the permit is surrendered or revoked.

(6B) In paragraph (6A), “landfill” has the meaning given in Article 2(g) of [F6 the Landfill Directive] but does not include any waste excluded from the scope of that Directive by Article 3(2) [F7 or (3)].]

Textual Amendments

F1 Reg. 48(3)(c) substituted (18.11.2009) by The Hazardous Waste (Wales) (Amendment) Regulations 2009 (S.I. 2009/2861), regs. 1(1), 14

F2 Words in reg. 48(3)(c) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 18(a)

F3 Word in reg. 48(6)(a) omitted (29.3.2011) by virtue of The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 18(b)

F4 Words in reg. 48(6)(b) inserted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 18(c)

F5 Reg. 48(6A)(6B) inserted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 18(d)

F6 Words in reg. 48(6B) 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)

F7 Words in reg. 48(6B) inserted (19.11.2020) by The Waste (Wales) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1179), regs. 1(2), 4(7)(b)