34.—(1) The Pollution Prevention and Control Regulations (Northern Ireland) 2003(1) shall be amended as follows.
(2) In regulation 11(3)(a) for “Council Directive 75/442/EEC on waste” substitute “Directive 2008/98/EC(2)”.
(3) After regulation 12B insert the following—
12C.—(1) A permit which on or after 8th April 2011 authorises any activity relating to waste oils shall contain conditions ensuring that, so far as technically feasible and economically viable—
(a)waste oils having different characteristics are not mixed; and
(b)waste oils are not mixed with other kinds of waste or substances, if such mixing would impede their treatment.
(2) In this regulation, “waste oils” and “treatment” have the same meanings as in the Waste Framework Directive.
12D.—(1) A permit which on or after 8th April 2011 authorises the incineration or co-incineration of waste with energy recovery shall contain conditions ensuring that the recovery of energy shall take place with a high level of energy efficiency.
(2) In this regulation—
“co-incineration” has the same meaning as in Section 5.1 Part I Schedule I;
“incineration” means the thermal treatment of wastes.”
(4) In Schedule 1 Part I Section I.I, in the paragraph on Interpretation of Section 1.1, in the definition of “waste oil” after “mineral based” insert “or synthetic”.
(5) In Schedule 1 Part 1 Section 5.1`, in the paragraph on Interpretation of section 5.1—
(a)for the definition of “hazardous waste” substitute —
“hazardous waste” means any solid or liquid waste which is hazardous waste as defined in Articles 3(2) and 7 of Directive 2008/98/EC except for—
combustible liquid wastes including waste oils ad defined in Article 3(3) of Directive 2008/98/EC provided that they meet the following criteria—
the mass content of polychlorinated aromatic hydrocarbons, e.g. polychlorinated biphenyls (PCB) or pentachlorinated phenol (PCP) amounts to concentrations no higher than those set out in the relevant [F1EU] legislation;
these wastes are not rendered hazardous by virtue of displaying properties set out in Annex III to Directive 2008/98/EC;
the net calorific value amounts to at least 30 MJ per kilogramme: and
any combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gas oil as defined in Article 2(2) of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels, as amended by Directive 2005/33/EC or a higher concentration pf emissions than those resulting from the combustion of gas oil as so defined;”; and
(b)for the definition of “waste” substitute—
“waste means any solid or liquid waste which is waste within the meaning of waste as defined in Article 3(1) of Directive 2008/98/EC.”
(6) In Schedule 1 Part 1 Section 5.3 Part A—
(a)in paragraph (b), after “disposal” insert “or recycling”;
(b)in paragraph (c)(i), for “Annex IIA to Council Directive75/442/EEC” substitute “Annex I to Directive 2008/98/EC”;
(c)in paragraph (c)(ii), for “Annex IIA to Council Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC”;
(d)in the provisions on Interpretation of Part A, in paragraph 1—
(i)in the definition of “disposal” for “Annex IIA to Council Directive 75/442/EEC on waste” substitute “Annex I to Directive 2008/98/EC”
(ii)in the definition of “hazardous waste” for Article 1(4) of Council Directive 91/689/EEC” substitute “Article 3(2) of Directive 2008/98/EC” and
(e)in the provisions on Interpretation of Part A, in paragraph 2 for “Article I of Council Directive 75/439/EEC” substitute “Article 3 of Directive 2008/98/EC”.
(7) In Schedule 1 Part I Section 5.4 Part A, in the provisions on Interpretation of Part A, in paragraph 3, for “Annex IIIB to Council Directive 75/442/EEC on waste” substitute “Annex II to Directive 2008/98/EC”.
Textual Amendments
F1Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
Commencement Information
I1Reg. 34 in operation at 8.4.2011, see reg. 1(1)
S.R.2003 No.46 as amended by S.R.2003 No.390, S.R. No.496, S.I. 2003/3311. S.R. 2004 No.36, S.R.2004 No.507, S.R.2005 No.285, S.R. 2005 No.300, S.R. 2005 No.454, S.R.2006 No.98, S.R. 2006 No.280, S.R. 2007 No.245, S.I.2007/2325, S.R. 2009 No.159, S.R.2009 No.403 and S.R.2010 No.165
O.J.L.312.22.11.2008.p.3.