This Statutory Instrument has been amended by S.I. 1996/2019 and is being issued free of charge to all known recipients of S.I. 1996/972.
1996 No. 972
The Special Waste Regulations 1996
Made
Laid before Parliament
Coming into force
The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, being Ministers designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to measures relating to the regulation and control of the transit, import and export of waste (including recyclable materials), the prevention, reduction and elimination of pollution caused by waste and the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred upon them by section 2(2) of that Act, sections 3(1), 17, 30(4) and (5) and 104(1) of the Control of Pollution Act 1974M3, sections 33(3), 34(5), 62(1) to (3), 74(6), 75(8) and 78 of the Environmental Protection Act 1990M4 (having, in particular, had regard in exercising their powers under section 33(3) of that Act to the matters specified in section 33(4) of that Act) and of all other powers enabling them in that behalf, hereby make the following Regulations:C1
S.I. 1993/2661, 1992/2870 and 1988/785.
1974 c.40; section 3(1) is repealed, and section 17 is prospectively repealed, by Part II of Schedule 16 to the Environmental Protection Act 1990 (c.43); the repeal of section 3(1) came into force on 1st May 1994 (save for certain purposes, in respect of which other dates are appointed) by virtue of S.I. 1994/1096 (as amended by S.I. 1994/2487 and 1994/3234).
1990 c.43; section 62 is amended by paragraph 80 of Schedule 22 to the Environment Act 1995 (c.25) and section 78 is amended by paragraph 7 of Schedule 4 to the Radioactive Substances Act 1993 (c.12).
Citation, commencement, extent, application and interpretation1
1
These Regulations may be cited as the Special Waste Regulations 1996 and shall come into force on 1st September 1996.
2
These Regulations do not extend to Northern Ireland.
3
These Regulations do not apply in relation to any special waste in respect of which, in accordance with regulation 26 below, the Control of Pollution (Special Waste) Regulations 1980 M5 continue to have effect.
4
In these Regulations, unless the context otherwise requires—
“the 1990 Act" means the Environmental Protection Act 1990;
“the 1994 Regulations" means the Waste Management Licensing Regulations 1994 M6;
“Agency" means
a
in relation to places, premises and sites in England and Wales, the Environment Agency established by section 1 of the Environment Act 1995 M7; and
b
in relation to places, premises and sites in Scotland, the Scottish Environment Protection Agency established by section 20 of that Act;
M8M9“the approved classification and labelling guide" means the document entitled “Approved guide to the classification and labelling of substances and preparations dangerous for supply F32(Second edition)F32(Fourth Edition)" approved by the Health and Safety Commission on F3218th October 1994F3212th October 1999 for the purposes of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;
M10“the approved supply list" means the document entitled “Approved Supply List (F33F103rd EditionF33(Sixth edition))—Information approved for the classification and labelling of substances and preparations dangerous for supply" approved by the Health and Safety Commission on F33F1124th January 1996F3315th August 2000 for the purposes of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;
“carrier", in relation to a consignment of special waste, means the person who collects that waste from the premises at which it is being held and transports it to another place;
“carrier’s round" in relation to consignments of special waste, means a journey made by a carrier during which he collects more than one consignment of special waste and transports all consignments collected to the same consignee who is specified in the consignment note;
“carrier’s schedule" means a schedule prepared in accordance with regulation 8;
“consignee", in relation to a consignment of special waste, means the person to whom that waste is to be transported;
“consignment note", in relation to a consignment of special waste, means a note in a form corresponding to the form set out in Schedule 1 to these Regulations, or in a form substantially to the like effect, and giving at any time the details required by these Regulations to be shown in respect of that consignment (including, where the consignment is one in a succession of consignments, any details required to be shown in respect of other consignments in the succession);
“consignor", in relation to a consignment of special waste, means the person who causes that waste to be removed from the premises at which it is being held;
M11“controlled waste" has the same meaning as in Part II of the 1990 Act ;
“conveyance" includes a vehicle designed to carry goods by road or rail and a vessel designed to carry goods by water;
M12“harbour area" has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987 ;
M13“the Hazardous Waste Directive" means Council Directive 91/689/EEC on hazardous waste, as amended by Council Directive 94/31/EC ;
F12“household waste” means waste which is household waste for the purposes of Part II of the 1990 Act or which is treated as household waste for those purposes by virtue of regulation 2(1) of the Controlled Waste Regulations 1992, other than—
- (a)
asbestos;
- (b)
waste from a laboratory;
- (c)
waste from a hospital, other than waste from a self-contained part of a hospital which is used wholly for the purposes of living accommodation.
“premises" includes any ship;
“relevant code", in relation to a consignment note or carrier’s schedule, means the code assigned in accordance with regulation 4 to the consignment of special waste to which the consignment note or carrier’s schedule relates or, where the consignment is one in a carrier’s round, to the consignments in that round;
“risk phrase" means the risk phrase shown under Part III of the approved supply list;
“ship" means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform;
“special waste" has the meaning given by regulation 2 of these Regulations; and
M14“waste management licence" has the meaning given by section 35(1) of the 1990 Act .
F2Meaning of special waste2
1
Any controlled waste, other than household waste,—
a
to which a six-digit code is assigned in the list set out in Part I of Schedule 2 to these Regulations (which reproduces the list of hazardous waste annexed to Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of the Hazardous Waste Directive); and
b
which displays any of the properties specified in Part II of that Schedule (which reproduces Annex III to the Hazardous Waste Directive),
is special waste.
2
Any other controlled waste, other than household waste, which—
a
displays the property H3-A (first indent), H4, H5, H6, H7 or H8 specified in Part II of Schedule 2 to these Regulations; or
b
is a medicinal product, as defined in section 130 of the Medicines Act 1968 (meaning of “medicinal product” etc.), of a description, or falling within a class, specified in an order under section 58 of that Act (medicinal products on prescription only),
is special waste.
3
For the purposes of paragraphs (1) and (2) waste shall be treated as displaying none of the properties H4 to H8 specified in Part II of Schedule 2 to these Regulations if it satisfies none of the criteria set out in Part III of that Schedule.
4
Part IV of Schedule 2 to these Regulations (which contains rules for the interpretation of that Schedule) shall have effect.
Certain radioactive waste to be special waste3
Section 62 (special provision with respect to certain dangerous and intractable waste) of the 1990 Act M15 shall have effect, without modification, so as to empower the Secretary of State to make provision for waste which would be controlled waste but for the fact that it is radioactive waste within the meaning of the Radioactive Substances Act 1993 M16; and paragraphs (1) and (2) of regulation 2 shall apply to any such waste as if it were controlled waste.
Coding of consignments4
1
F14Subject to paragraph (3), an Agency shall assign or supply forthwith to any person, on request, for the purpose of assigning to a consignment of special waste or, where the consignment is one in a carrier’s round, to the consignments in that round, a code unique to that consignment or round, as the case may be.
2
A code assigned or supplied in accordance with paragraph (1) may consist of letters, numbers or symbols, or any combination of letters, numbers and symbols, or a bar code which enables the consignment or carrier’s round, as the case may be, to be identified electronically.
F133
The Agency need not assign or supply a code for a consignment or round until any fee required in respect of it under regulation 14(1) has been paid.
Consignment notes: standard procedure5
1
Except in a case to which regulation 6, 8 or 9 applies, this regulation applies where a consignment of special waste is to be removed from the premises at which it is being held.
2
Before the consignment is removed—
a
five copies of the consignment note shall be prepared, and, on each copy, Parts A and B shall be completed and the relevant code entered;
b
the consignor shall ensure that one of those copies (on which Parts A and B have been completed and the relevant code entered) is furnished to the Agency for the place to which the consignment is to be transported;
c
the carrier shall complete Part C on each of the four remaining copies; and
d
the consignor—
i
shall complete Part D on each of those copies;
ii
shall retain one copy (on which Parts A to D have been completed and the relevant code entered); and
iii
shall give the three remaining copies (on which Parts A to D have been completed and the relevant code entered) to the carrier.
3
The carrier shall ensure that the copies which he has received—
a
travel with the consignment; and
b
are given to the consignee on delivery of the consignment.
4
Subject to regulation 10, on receiving the consignment the consignee shall—
a
complete Part E on the three copies of the consignment note given to him;
b
retain one copy;
c
give one copy to the carrier; and
d
forthwith furnish one copy to the Agency for the place to which the consignment has been transported.
5
The carrier shall retain the copy of the consignment note given to him by the consignee.
Consignment notes: cases in which pre-notification is not required6
1
For the purposes of regulation 7, except in a case to which regulation 8 applies, this regulation applies—
a
subject to paragraph (2)(a), to the removal, from the premises at which it is being held, of each of the second and any subsequent consignment of special waste in a succession of consignments of special waste,
b
subject to paragraph (2)(b), to the removal as a consignment of special waste of a product or material for the purposes of the return by the person to whom the product or material had been supplied to the person who supplied it to him or who manufactured it,
c
subject to paragraph (2)(c), to the removal of a consignment of special waste where the consignor and the consignee are bodies corporate belonging to the same group,
d
to the removal from a ship in a harbour area of a consignment of special waste to a conveyance for transportation to a place outside that area, and
e
to the removal of a consignment of special waste which consists entirely of lead acid F34motor vehicle batteries.
2
This regulation does not apply unless—
a
in the case mentioned in paragraph (1)(a), in respect of each consignment—
i
the waste is of the same description as the waste in the first of the consignments in the succession;
ii
the consignor is the same person;
iii
the consignee is the same person;
iv
the premises from which the consignment is removed are the same;
v
the place to which the consignment is transported is the same; and
vi
the removal of the consignment takes place within one year of the removal of the first consignment in the succession;
b
in the case mentioned in paragraph (1)(b), the person to whom the product or material was supplied is satisfied that, as supplied, the product or material fails to meet any specification which he expected it to meet;
c
in the case mentioned in paragraph (1)(c), the removal is for the purposes of an operation within either paragraph 15 of Part III, or paragraph 13 of Part IV, of Schedule 4 to the 1994 Regulations, and the consignee either—
i
is the holder of a waste management licence which authorises the relevant operation; or
ii
carries on any activity to which section 33(1)(a) and (b) of the 1990 Act M17 does not apply by virtue of regulation 16 or 17 of the 1994 Regulations.
3
In paragraph (1)(c) “group", in relation to a body corporate, means that body corporate, any other body corporate which is its holding company or subsidiary and any other body corporate which is a subsidiary of that holding company; and for these purposes—
“body corporate" does not include a corporation sole or a Scottish partnership, but includes a company incorporated elsewhere than in Great Britain; and
“holding company" and “subsidiary" have the meaning given by section 736 of the Companies Act 1985 M18.
Consignment notes: procedure where pre-notification is not required7
Paragraph (2), with the exception of sub-paragraph (b), and paragraphs (3) to (5) of regulation 5 shall apply in cases to which regulation 6 applies as if—
a
“four" were substituted for “five" in sub-paragraph (a) of paragraph (2);
F35aa
references to the relevant code in regulation 5(2)(a) were references, in relation to the case mentioned in regulation 6(1)(a), to the relevant code and the code for the first consignment in that succession;
b
references to the consignor were references—
i
in relation to the case mentioned in regulation 6(1)(b), to the person to whom the product or material was supplied; and
ii
in relation to the case mentioned in regulation 6(1)(d), to the master of the ship; and
c
references to the consignee were references, in relation to the case mentioned in regulation 6(1)(b), to the person to whom the product or material is to be returned.
Consignment notes: carrier’s rounds8
1
This regulation applies to a carrier’s round or to a succession of such rounds by the same carrier starting and ending within a twelve month period in respect of which:
a
every consignor is a person specified in the consignment note or in the schedule prepared in accordance with paragraph (2)(b)(iii) or whose particulars are notified in writing to the Agency not less than 72 hours before the removal of the first waste on the carrier’s round;
b
the premises from which the special waste is removed are:
i
specified in the consignment note or in the schedule prepared in accordance with paragraph (2)(b)(iii) or notified in writing to the Agency not less than 72 hours before the removal of the first waste on the carrier’s round; and
ii
so located that the Agency for each of those premises is the same;
c
the special waste is of a description specified in the consignment note; and
2
Before the first removal of waste, the carrier shall,
a
on any carrier’s round which is not in a succession or on the first round in such a succession, ensure that
i
Parts A and B of the consignment note are completed and that the relevant code is entered;
b
on every round—
i
prepare F7three copies of the consignment note in addition to one copy for each consignor from whom waste is to be collected during the round;
ii
complete on those copies Parts A and B, the carrier’s particulars and particulars of transport in Part C, the code assigned or supplied under regulation 4 in respect of the round and, if it is a second or subsequent round, the code in respect of the first round; and
iii
ensure that four copies of a schedule are prepared in the form set out in Part II of Schedule 1 to these Regulations, or in a form substantially to the like effect, in addition to one consignor’s copy for each site from which waste is to be collected during that round.
F42A
In a case where waste of more than one description is specified in the consignment note, either—
a
the schedule referred to in paragraph (2)(b)(iii) shall contain a separate entry for each description of waste to be collected from each consignor showing the description of waste to which that entry relates; or
b
each entry in the schedule shall show the different descriptions of the waste to be collected and, for each such description, the quantity of the waste to be collected.
3
The consignor shall, before the removal of waste from a site, complete on all the copies that part of the schedule indicated on it as for completion by him.
4
The carrier shall ensure, before the removal of the waste, that—
a
the part of the schedule indicated on it as for completion by him is completed on all the copies F8and includes a record of the time at which it is completed; and
b
he has all copies of the schedule (on which the part to be completed by the consignor has been completed) except the copy to be retained by the consignor under paragraph (5).
5
The consignor shall retain in respect of each site one copy of the consignment note and of that part of the schedule on which the parts to be completed by him and by the carrier have been completed.
F55A
Before the removal of the last consignment of waste on the carrier’s round, the carrier shall complete Part C on the three copies of the consignment note retained by him.
6
The carrier shall ensure that the copies of the consignment note and of the schedule which he has received—
F9a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
travel with the waste to which they refer;
c
are given to the consignee on delivery of the waste.
7
Subject to regulation 10, on receiving the waste collected on each round, the consignee shall—
a
complete Part E on the three copies of the consignment note given to him;
b
retain one copy of the consignment note and one copy of the schedule;
c
give to the carrier a copy of the consignment note and a copy of the schedule; and
d
forthwith furnish to the Agency for the place to which the consignment has been transported one copy of the consignment note and one copy of the schedule.
8
The carrier shall retain the copies given to him in accordance with paragraph (7)(c).
Consignment notes: removal of ships’ waste to reception facilities9
1
This regulation applies where special waste is removed from a ship in a harbour area to—
a
reception facilities provided within that harbour area; or
b
by pipeline to any such facilities provided outside a harbour area.
2
Before the waste is removed from the ship—
a
three copies of the consignment note shall be prepared and Parts A and B shall be completed and the relevant code entered on each of those copies;
b
the operator of the facilities shall complete Part C on each of those copies; and
c
the master of the ship—
i
shall ensure that Part D is completed on each of those copies;
ii
shall retain one copy (on which Parts A to D have been completed); and
iii
shall give the two remaining copies (on which Parts A to D have been completed) to the operator of the facilities.
3
On receiving a consignment of special waste the operator of the facilities shall—
a
complete Part E on the copies of the consignment note which he has received;
b
retain one copy; and
c
forthwith furnish the other copy to the Agency for the place where the facilities are situated.
Consignment notes etc.: duty of consignee not accepting delivery of a consignment10
1
This regulation applies where the consignee does not accept delivery of a consignment of special waste.
2
In a case to which this regulation applies the requirements of regulation 5(4) (including that paragraph as applied in cases to which regulation 6 applies) or 8(7), as the case may be, shall not apply to the consignee.
3
If, in a case to which this regulation applies, copies of the consignment note have been given to the consignee he shall—
a
indicate on Part E of each copy that he does not accept the consignment and the reasons why he does not accept the consignment;
b
retain one copy;
c
ensure that one copy, accompanied by one copy of any carrier’s schedule given to him in accordance with regulation 8, F27(annotated to show which consignment is not accepted) are furnished forthwith to the Agency for the place to which the special waste has been transported; and
d
ensure that the other copy is returned to the carrier forthwith.
4
If, in a case to which this regulation applies, no copies of the consignment note have been given to the consignee he shall ensure that a written explanation of his reasons for not accepting delivery, including such details of the consignment and of the carrier as are known to him, is furnished forthwith to the Agency for the place to which the special waste has been transported.
5
In a case to which this regulation applies—
a
on being informed that the consignee will not accept delivery of the consignment, the carrier shall inform the Agency and seek instructions from the consignor;
b
the consignor shall forthwith inform the carrier and the Agency of his intentions as regards the consignment; and
c
the carrier shall take all reasonable steps to ensure that the consignor’s intentions are fulfilled.
6
For the purposes of paragraph (5), the consignor may propose one of the following, namely—
a
the delivery of the consignment to the premises from which it had been collected;
b
the delivery of the consignment to the premises at which it had been produced;
c
the delivery of the consignment to other specified premises in respect of which there is held any waste management licence necessary to authorise the receipt of the waste.
F36Consignment notes: requirement for a new consignment note10A
1
This regulation applies where, in accordance with regulation 10(6)(c), a consignor proposes that a consignment be delivered to other specified premises in respect of which there is held any waste management licence necessary to authorise receipt of the waste.
2
Before the consignment is delivered to those premises—
a
four copies of a new consignment note shall be prepared and
i
on each copy Parts A and B shall be completed and the relevant code (including the previous code) shall be entered;
ii
to each copy shall be attached a copy of any relevant previous carrier’s schedule, annotated to show which consignment was not accepted;
b
the carrier shall complete Part C on each of those copies;
c
the consignor, subject to paragraph (3) below—
i
shall complete Part D on each of those copies;
ii
shall retain one copy (on which Parts A to D have been completed and the relevant codes entered); and
iii
shall give the three remaining copies (on which Parts A to D have been completed and the relevant codes entered) to the carrier.
3
The carrier may, where he has received written instructions from the consignor to that effect, complete Part D of each of the copies of the consignment note on behalf of the consignor, and where he does so he shall send to the consignor the consignor’s copy (on which Parts A to D have been completed and the relevant codes entered).
4
The carrier shall ensure that the three copies of the consignment note which he has received (or, if paragraph (3) applies, retained)—
a
travel with the consignment; and
b
are given to the consignee on delivery of the consignment.
5
Subject to regulation 10, on receiving the consignment the consignee shall—
a
complete Part E on all copies of the consignment note given to him;
b
retain one copy;
c
give one copy to the carrier; and
d
forthwith furnish one copy to the Agency for the place to which the consignment has been transported.
6
The carrier shall retain the copy of the consignment note given to him by the consignee.
Consignment notes: duties of the Agencies11
1
Subject to paragraph (2), where—
a
an Agency (“the receiving Agency") has been furnished with a copy of a consignment note under regulation 5, 7, 8, 9 or 10 or with a copy of the explanation under regulation 10(4); and
b
the other Agency is the Agency for the premises from which the special waste was removed,
the receiving Agency shall, within two weeks of receipt, send to the other Agency one copy of the consignment note or explanation as the case may be.
2
Where copies have been furnished—
a
under regulation 7 in a case to which regulation 6 applies by virtue of paragraph (1)(d) of that regulation, or
b
under regulation 9(3)(c),
paragraph (1) shall have effect as if the reference to the premises from which the special waste was removed were a reference to the harbour area in which the special waste was removed from the ship.
Consignment notes: provisions as to furnishing12
1
Subject to paragraphs (2), (3) and (6), a copy of a consignment note required by regulation 5 or 8 to be furnished to an Agency must be furnished not more than one month and not less than 72 hours before the removal of the consignment.
2
Subject to paragraphs (3) and (6), a copy of a consignment note required to be furnished by regulation 8(2)(a)(ii) shall be furnished not less than 72 hours before the removal of the first consignment to which the consignment note relates.
3
The copy of the consignment note mentioned in paragraphs (1) and (2) may be furnished to the Agency within 72 hours before the removal where—
a
the consignment is to be delivered to other specified premises pursuant to a proposal under regulation 10(6)(c);
b
the consignment cannot lawfully remain where it is for 72 hours.
4
The requirements of paragraphs (1) and (2) shall be treated as satisfied if—
a
a facsimile of the copy is furnished to the Agency by telephonic, electronic or other similar means of transmission in compliance with the time limits set out in those paragraphs, and
b
the copy is furnished to the Agency before or, in accordance with paragraph (5) below, forthwith upon removal of the consignment.
5
A copy of a consignment note or a written explanation of reasons for refusing to accept delivery of any special waste is furnished to an Agency in accordance with this paragraph if it, and any document required to be furnished with it, is—
a
delivered to the Agency, or
b
posted to the Agency by pre-paid first class post,
within one day of the receipt, removal or refusal to accept delivery of the special waste in question, as the case may be.
6
In reckoning any period of hours for the purposes of paragraphs (1), (2) and (3), the hours of any Saturday, Sunday, Good Friday, Christmas Day, bank holiday or other public holiday shall be disregarded.
Consignment notes: importers and exporters13
1
Subject to paragraphs (3) and (4), regulations 5 to 12 shall apply to special waste imported into Great Britain from Northern Ireland or Gibraltar as if—
a
any reference to the consignor were a reference to the person importing the special waste;
b
any reference to the premises at which the special waste is being held and from which it is removed were a reference to the place where it first enters Great Britain; and
c
the special waste is removed from that place at the time when it first enters Great Britain.
2
Subject to paragraph (4), these Regulations shall apply to special waste exported from Great Britain to Northern Ireland or Gibraltar as if—
a
any reference to the consignee were a reference to the person exporting the waste; and
b
the consignment of special waste is received by that person at the place where and the time when it leaves Great Britain.
3
Paragraph (1) does not apply in a case to which either regulation 6(1)(d) or regulation 9 applies.
4
Nothing in regulations 5 to 12 shall apply in relation to shipments of waste to which the provisions of Council Regulation (EEC) No. 259/93M19, other than Title III of that Regulation, apply.
Fees14
1
Subject to paragraph (2), F16in connection with the assignment or supply of a code for a consignment or a carrier’s round in accordance with regulation 4(1), an Agency shall require payment of a fee F24of—
a
£10 in respect of a code relating to a consignment, or a round, which consists entirely of lead acid motor vehicle batteries;
b
£15 in other cases.F24prescribed for the purposes by a charging scheme under section 41 of the Environment Act 1995
2
An Agency shall not require payment of a fee where the code is assigned or supplied in connection with:
a
a second or subsequent carrier’s round in a succession of F17such rounds in which a single vehicle is used and in respect of which—
F25i
the carrier is also the consignee in relation to every consignment in all the rounds;
ii
no more than one consignment is collected from any consignor during the succession;
iii
the total weight of special waste collected in each round F26in the succession does not exceed 400&4u;kg; and
iv
the time between the collection of the first consignment on the first round in the succession and the delivery of the last consignment to the place to which it is to be transported is no more than one week.
b
the removal of a single consignment of special waste for the purposes set out in regulation 6(1)(b) provided that the person to whom the product or material was supplied is satisfied that it fails to meet any specification which he expected it to meet; or
c
the removal of special waste from a ship in a harbour area—
i
to a conveyance for transportation to a place outside that area;
ii
to reception facilities provided within the same harbour area; or
iii
by pipeline to reception facilities provided outside the harbour area.
F153
Where an Agency assigns or supplies a code under regulation 4(1) without the fee required under this regulation having been paid to it, the person who requested the assignment or supply shall be required to pay the fee to that Agency within the period of two months beginning with the date on which the request was made.
Registers15
1
At each site from which any consignment of special waste has been removed, the consignor shall keep a register containing—
a
a copy of the consignment note; and
b
where the consignment is one to which regulation 8 applies, a copy of that part of the carrier’s schedule retained under regulation 8(5),
applicable to each consignment removed from that site.
2
Every carrier shall keep a register containing—
a
a copy of the consignment note; and
b
where the consignment is one to which regulation 8 applies, a copy of the carrier’s schedule,
applicable to each consignment which he has transported.
3
At each site at which any consignment of special waste has been received, the consignee shall keep a register containing—
a
a copy of the consignment note; and
b
where the consignment is one to which regulation 8 applies, a copy of the carrier’s schedule,
applicable to each consignment, other than a consignment to which regulation 10 applies, received at that site.
4
A consignment note or carrier’s schedule required by paragraph (1) or (2) to be kept in a register shall be retained in the register for not less than three years from the date on which the waste to which it relates was removed from the premises at which it was being held.
5
Subject to paragraphs (6) and (7), consignment notes and carrier’s schedules required by paragraph (3) to be kept by a person shall be retained until his waste management licence for the site in question is surrendered or revoked entirely, at which time he shall send the register to the Agency for the site; and that Agency shall retain the register for not less than three years after its receipt.
6
Where, by virtue of regulation 16(1)(a) or (b) of the 1994 Regulations, section 33(1)(a), (b) and (c) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his authorisation under Part I of the 1990 Act for the site in question.
F226A
Where, by virtue of regulation 16(1)(ba) or (bb) of the 1994 Regulations, section 33(1)(a), (b) and (c) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his permit under the Pollution Prevention and Control (Scotland) Regulations 2000 for the site in question.
F196A
Where, by virtue of regulation 16(1)(ba) or (bb) of the 1994 Regulations, section 33(1)(a), (b) and (c) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his permit under the Pollution Prevention and Control (England and Wales) Regulations 2000 for the site in question.
7
Where, in circumstances other than those mentioned in paragraph (6) F20or (6A), section 33(1)(a) and (b) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, each consignment note and carrier’s schedule required to be kept in a register shall be kept in that register for not less than three years from the date on which the consignment of special waste to which it relates was received at the site to which it was transported.
8
Insofar as is consistent with the foregoing provisions of this regulation, registers under this regulation may be kept in any form.
Site records16
1
Any person who makes a deposit of special waste in or on any land shall record the location of each such deposit, shall keep such records until his waste management licence is surrendered or revoked and shall then send the records to the Agency for the site.
2
Such records shall comprise either—
a
a site plan marked with a grid, or
b
a site plan with overlays on which deposits are shown in relation to the contours of the site.
3
Deposits shall be described in such records by reference to the register of consignment notes kept under regulation 15, save that where waste is disposed of—
a
by pipeline, or
b
within the curtilage of the premises at which it is produced,
the deposits shall be described by reference to a record of the quantity and composition of the waste and the date of its disposal.
4
In the case of liquid wastes discharged without containers into underground strata or disused workings the record shall comprise only a written statement of the quantity and composition of special waste so discharged and the date of its disposal.
5
Every record made pursuant to regulation 14 of the Control of Pollution (Special Waste) Regulations 1980 M20 shall—
a
be kept with the records referred to in paragraph (1) above for so long as is mentioned in that paragraph, and
b
shall accompany those records when they are sent to the Agency in accordance with that paragraph.
Restrictions on mixing special waste17
1
Subject to paragraph (2), an establishment or undertaking which carries out the disposal or recovery of special waste, or which collects or transports special waste, shall not—
a
mix different categories of special waste; or
b
mix special waste with waste which is not special waste.
2
Paragraph (1) above shall not apply if the mixing—
a
is authorised by a waste management licence or under an authorisation granted under Part I of the 1990 Act F21or under a permit granted under the Pollution Prevention and Control (England and Wales) Regulations 2000F23or under a permit granted under the Pollution Prevention and Control (Scotland) Regulations 2000; or
b
is an activity to which, by virtue of regulation 17 of the 1994 Regulations, section 33(1)(a) and (b) of the 1990 Act does not apply.
F45 Restrictions on mixing special waste17
1
Subject to paragraph (2), an establishment or undertaking which carries out the disposal or recovery of special waste, or which collects or transports special waste, shall not—
a
mix different categories of special waste; or
b
mix special waste with waste which is not special waste.
2
Paragraph (1) above shall not apply if the mixing—
a
is authorised by a waste management licence or under an authorisation granted under Part I of the 1990 Act F43or under a permit granted under the Pollution Prevention and Control (England and Wales) Regulations 2000F44or under a permit granted under the Pollution Prevention and Control (Scotland) Regulations 2000; or
b
is an activity to which, by virtue of regulation 17 of the 1994 Regulations, section 33(1)(a) and (b) of the 1990 Act does not apply.
Offences18
1
Subject to paragraph (2) below, it shall be an offence for a person (other than a member, officer or employee of an Agency who is acting as authorised by that Agency,) to fail to comply with any of the foregoing provisions of these Regulations insofar as that provision imposes any obligation or requirement upon him.
2
It shall be a defence for a person charged with an offence under paragraph (1) to prove that he was not reasonably able to comply with the provision in question by reason of an emergency or grave danger and that he took all steps as were reasonably practicable in the circumstances for—
a
minimising any threat to the public or the environment; and
b
ensuring that the provision in question was complied with as soon as reasonably practicable after the event.
3
A person who, in purported compliance with a requirement imposed by or under any of the foregoing provisions of these Regulations to furnish any information, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.
4
A person who intentionally makes a false entry in any record or register required to be kept by virtue of any of the foregoing provisions of these Regulations commits an offence.
5
Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
6
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be liable to be proceeded against and punished accordingly.
7
Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
8
Where, in Scotland, an offence under this regulation which has been committed by a partnership or an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he, as well as the partnership or association, shall be liable to be proceeded against and punished accordingly.
9
A person who commits an offence under this regulation shall be liable—
a
on summary conviction, to a fine not exceeding level 5 on the standard scale;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
Responsibilities of the Agencies19
The Agencies shall be responsible for supervising the persons and activities subject to any provision of these Regulations.
Transitional provisions for certificates of technical competence20
1
This regulation applies in relation to—
a
waste defined as special waste under regulation 2 of these Regulations which was not so defined under regulation 2 of the Control of Pollution (Special Waste) Regulations 1980 M21 (“waste now defined as special waste"); and
b
persons to be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act—
i
pursuant to regulation 4 of the 1994 Regulations; or
2
For the purposes only of operations concerning waste now defined as special waste and provided that both the conditions set out in paragraph (3) are satisfied, the persons referred to in paragraph (1)(b) shall continue to be treated as technically competent—
a
in the case of those referred to in paragraph (1)(b)(i), until 10th August 2000; and
b
in the case of those referred to in paragraph (1)(b)(ii), in accordance with the Regulations mentioned there, except that paragraph (1) of regulation 5 of the 1994 Regulations and paragraphs (1) and (4) of regulation 4 of the Waste Management Licensing (Amendment etc.) Regulations 1995 shall have effect as if for the date “10th August 1999" there were substituted the date “10th August 2000".
3
The conditions referred to in paragraph (2) are that:
a
before 1st March 1997, the person applies to the Waste Management Industry Training and Advisory Board for a certificate of technical competence at Level 4 in respect of special waste; and
b
before 1st September 1996, the person was entitled to act as the manager of a facility in respect of which there was in force a waste management licence authorising activities concerning waste now defined as special waste.
F1Transitional provisions and “grandfather rights”20A
A person who by virtue of paragraph (2) of regulation 5 of the 1994 Regulations is treated as being technically competent for the purposes of section 74(3)(b) of the 1990 Act, shall continue to be so treated in accordance with paragraphs (2) and (4) of that regulation as if waste now defined as special waste within the meaning of regulation 20(1)(a) were not special waste.
Amendment of regulations relating to the assessment of environmental effects21
1
In regulation 2(1) of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 M23, for the definition of “special waste" there shall be substituted—
“special waste" means waste which is special waste for the purposes of the Special Waste Regulations 1996;
2
In regulation 4(1) of the Environmental Assessment (Scotland) Regulations 1988 M24, for the definition of “special waste" there shall be substituted—
“special waste" means waste which is special waste for the purposes of the Special Waste Regulations 1996;
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 199122
In Schedule 1 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 M25 there shall be added at the end—
the Special Waste Regulations 1996
Amendment of the Environmental Protection (Duty of Care) Regulations 199123
In regulation 2 of the Environmental Protection (Duty of Care) Regulations 1991 M26—
a
at the beginning of paragraph (1), there shall be added “Subject to paragraph (3),";
b
after paragraph (2), the following paragraph shall be added:
3
Paragraph (1) shall not apply where the waste transferred is special waste within the meaning of the Special Waste Regulations 1996 and the consignment note and, where appropriate, schedule required by those Regulations are completed and dealt with in accordance with those Regulations.
Amendment of the Controlled Waste Regulations 199224
In paragraph 18(2) of Schedule 3 to the Controlled Waste Regulations 1992 M27, for the definition of “tank washings", there shall be substituted—
“tank washings" has the same meaning as in paragraph 36 of Schedule 3 to the Waste Management Licensing Regulations 1994;
Amendment of the Waste Management Licensing Regulations 199425
The 1994 Regulations shall be amended in accordance with Schedule 3 to these Regulations.
Revocations and savings26
1
Subject to paragraph (2), the following are hereby revoked—
a
the Control of Pollution (Special Waste) Regulations 1980 M28 (“the 1980 Regulations");
b
the Control of Pollution (Landed Ships’ Waste) Regulations 1987 M29;
c
the Control of Pollution (Landed Ships’ Waste) (Amendment) Regulations 1989 M30; and
d
paragraphs (1) and (2) of regulation 18 of the Transfrontier Shipment of Waste Regulations 1994 M31.
2
Subject to paragraph (3) of this regulation, the 1980 Regulations shall continue to have effect in relation to any special waste in respect of which the consignment note (within the meaning of those Regulations) was furnished or is treated as having been furnished to the Agency, in accordance with regulation 4 of those Regulations, before the coming into force of these Regulations.
3
Paragraph (2) of this regulation shall not apply in relation to any special waste in respect of which consignment notes or copies of consignment notes are furnished pursuant to regulation 9 of the 1980 Regulations and after 31st August 1996 any direction made under regulation 9 of the 1980 Regulations shall have no effect.
SCHEDULE 1
F39F38F37F40F41F42 PART I FORM OF CONSIGNMENT NOTE
Sch. 1 Pt. I Form, Part E, after “I received this waste”: words “at the address given in A2” inserted after “the waste described in B” (E.) (1.12.2001) by The Special Waste (Amendment) (England and Wales) Regulations 2001 (S.I. 2001/3148), regs. 1(1)(b), 10(c)
Sch. 1 Pt. I Form, Part C: words “(name, address & postcode)” substituted “(name & address)” (E.) (1.12.2001) by The Special Waste (Amendment) (England and Wales) Regulations 2001 (S.I. 2001/3148), regs. 1(1)(b), 10(b)
Sch. 1 Pt. I Form, Part B: words "The chemical/biological components of the waste" substituted for "The chemical/biological components that make the waste special” (E.) (1.12.2001) by The Special Waste (Amendment) (England and Wales) Regulations 2001 (S.I. 2001/3148), regs. 1(1)(b), 10(a)
Sch. 1 Pt. I Form, Part B: words “of the waste” substituted “that make the waste special” (W.) (1.12.2001) by The Special Waste (Amendment) (Wales) Regulations 2001 (S.I. 2001/3545), regs. 1(2)(b), 10(a)
Sch. 1 Pt. I Form, Part C: words “(name, address & postcode)” substituted “(name & address)” (W.) (1.12.2001) by The Special Waste (Amendment) (Wales) Regulations 2001 (S.I. 2001/3545), regs. 1(2)(b), 10(b)
Sch. 1 Pt. I Form, Part E, between “this waste” and “on”, and after “the waste described in B”: words “at the address given in A2” inserted (W.) (1.12.2001) by The Special Waste (Amendment) (Wales) Regulations 2001 (S.I. 2001/3545), regs. 1(2)(b), 10(c)
PART II FORM OF SCHEDULE
SCHEDULE 2 SPECIAL WASTE
PART I HAZARDOUS WASTE LIST
Waste code (6 digits)/ Chapter Heading (2 and 4 digits) | Description |
---|---|
02 | WASTE FROM AGRICULTURAL, HORTICULTURAL, HUNTING, FISHING AND AQUACULTURE PRIMARY PRODUCTION, FOOD PREPARATION AND PROCESSING |
0201 | PRIMARY PRODUCTION WASTE |
020105 | agrochemical wastes |
03 | WASTES FROM WOOD PROCESSING AND THE PRODUCTION OF PAPER, CARDBOARD, PULP, PANELS AND FURNITURE |
0302 | WOOD PRESERVATION WASTE |
030201 | non-halogenated organic wood preservatives |
030202 | organochlorinated wood preservatives |
030203 | organometallic wood preservatives |
030204 | inorganic wood preservatives |
04 | WASTES FROM THE LEATHER AND TEXTILE INDUSTRIES |
0401 | WASTES FROM THE LEATHER INDUSTRY |
040103 | degreasing wastes containing solvents without a liquid phase |
0402 | WASTES FROM TEXTILE INDUSTRY |
040211 | halogenated wastes from dressing and finishing |
05 | WASTES FROM PETROLEUM REFINING, NATURAL GAS PURIFICATION AND PYROLYTIC TREATMENT OF COAL |
0501 | OILY SLUDGES AND SOLID WASTES |
050103 | tank bottom sludges |
050104 | acid alkyl sludges |
050105 | oil spills |
050107 | acid tars |
050108 | other tars |
0504 | SPENT FILTER CLAYS |
050401 | spent filter clays |
0506 | WASTE FROM THE PYROLYTIC TREATMENT OF COAL |
050601 | acid tars |
050603 | other tars |
0507 | WASTE FROM NATURAL GAS PURIFICATION |
050701 | sludges containing mercury |
0508 | WASTES FROM OIL REGENERATION |
050801 | spent filter clays |
050802 | acid tars |
050803 | other tars |
050804 | aqueous liquid waste from oil regeneration |
06 | WASTES FROM INORGANIC CHEMICAL PROCESSES |
0601 | WASTE ACIDIC SOLUTIONS |
060101 | sulphuric acid and sulphurous acid |
060102 | hydrochloric acid |
060103 | hydrofluoric acid |
060104 | phosphoric and phosphorous acid |
060105 | nitric acid and nitrous acid |
060199 | waste not otherwise specified |
0602 | ALKALINE SOLUTIONS |
060201 | calcium hydroxide |
060202 | soda |
060203 | ammonia |
060299 | wastes not otherwise specified |
0603 | WASTE SALTS AND THEIR SOLUTIONS |
060311 | salts and solutions containing cyanides |
0604 | METAL-CONTAINING WASTES |
060402 | metallic salts (except 0603) |
060403 | wastes containing arsenic |
060404 | wastes containing mercury |
060405 | wastes containing heavy metals |
0607 | WASTES FROM HALOGEN CHEMICAL PROCESSES |
060701 | wastes containing asbestos from electrolysis |
060702 | activated carbon from chlorine production |
0613 | WASTES FROM OTHER INORGANIC CHEMICAL PROCESSES |
061301 | inorganic pesticides, biocides and wood preserving agents |
061302 | spent activated carbon (except 060702) |
07 | WASTES FROM ORGANIC CHEMICAL PROCESSES |
0701 | WASTE FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF BASIC ORGANIC CHEMICALS |
070101 | aqueous washing liquids and mother liquors |
070103 | organic halogenated solvents, washing liquids and mother liquors |
070104 | other organic solvents, washing liquids and mother liquors |
070107 | halogenated still bottoms and reaction residues |
070108 | other still bottoms and reaction residues |
070109 | halogenated filter cakes, spent absorbents |
070110 | other filter cakes, spent absorbents |
0702 | WASTE FROM THE MFSU OF PLASTICS, SYNTHETIC RUBBER AND MAN-MADE FIBRES |
070201 | aqueous washing liquids and mother liquors |
070203 | organic halogenated solvents, washing liquids and mother liquors |
070204 | other organic solvents, washing liquids and mother liquors |
070207 | halogenated still bottoms and reaction residues |
070208 | other still bottoms and reaction residues |
070209 | halogenated filter cakes, spent absorbents |
070210 | other filter cakes, spent absorbents |
0703 | WASTE FROM THE MFSU FOR ORGANIC DYES AND PIGMENTS (EXCLUDING 0611) |
070301 | aqueous washing liquids and mother liquors |
070303 | organic halogenated solvents, washing liquids and mother liquors |
070304 | other organic solvents, washing liquids and mother liquors |
070307 | halogenated still bottoms and reaction residues |
070308 | other still bottoms and reaction residues |
070309 | halogenated filter cakes, spent absorbents |
070310 | other filter cakes, spent absorbents |
0704 | WASTE FROM THE MFSU FOR ORGANIC PESTICIDES (EXCEPT 020105) |
070401 | aqueous washing liquids and mother liquors |
070403 | organic halogenated solvents, washing liquids and mother liquors |
070404 | other organic solvents, washing liquids and mother liquors |
070407 | halogenated still bottoms and reaction residues |
070408 | other still bottoms and reaction residues |
070409 | halogenated filter cakes, spent absorbents |
070410 | other filter cakes, spent absorbents |
0705 | WASTE FROM THE MFSU OF PHARMACEUTICALS |
070501 | aqueous washing liquids and mother liquors |
070503 | organic halogenated solvents, washing liquids and mother liquors |
070504 | other organic solvents, washing liquids and mother liquors |
070507 | halogenated still bottoms and reaction residues |
070508 | other still bottoms and reaction residues |
070509 | halogenated filter cakes, spent absorbents |
070510 | other filter cakes, spent absorbents |
0706 | WASTE FROM THE MFSU OF FATS, GREASE, SOAPS, DETERGENTS, DISINFECTANTS AND COSMETICS |
070601 | aqueous washing liquids and mother liquors |
070603 | organic halogenated solvents, washing liquids and mother liquors |
070604 | other organic solvents, washing liquids and mother liquors |
070607 | halogenated still bottoms and reaction residues |
070608 | other still bottoms and reaction residues |
070609 | halogenated filter cakes, spent absorbents |
070610 | other filter cakes, spent absorbents |
0707 | WASTE FROM THE MFSU OF FINE CHEMICALS AND CHEMICAL PRODUCTS NOT OTHERWISE SPECIFIED |
070701 | aqueous washing liquids and mother liquors |
070703 | organic halogenated solvents, washing liquids and mother liquors |
070704 | other organic solvents, washing liquids and mother liquors |
070707 | halogenated still bottoms and reaction residues |
070708 | other still bottoms and reaction residues |
070709 | halogenated filter cakes, spent absorbents |
070710 | other filter cakes, spent absorbents |
08 | WASTES FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF COATINGS (PAINTS, VARNISHES AND VITREOUS ENAMELS), ADHESIVE, SEALANTS AND PRINTING INKS |
0801 | WASTES FROM MFSU OF PAINT AND VARNISH |
080101 | waste paints and varnish containing halogenated solvents |
080102 | waste paints and varnish free of halogenated solvents |
080106 | sludges from paint or varnish removal containing halogenated solvents |
080107 | sludges from paint or varnish removal free of halogenated solvents |
0803 | WASTES FROM MFSU OF PRINTING INKS |
080301 | waste ink containing halogenated solvents |
080302 | waste ink free of halogenated solvents |
080305 | ink sludges containing halogenated solvents |
080306 | ink sludges free of halogenated solvents |
0804 | WASTES FROM MFSU OF ADHESIVE AND SEALANTS (INCLUDING WATER-PROOFING PRODUCTS) |
080401 | waste adhesives and sealants containing halogenated solvents |
080402 | waste adhesives and sealants free of halogenated solvents |
080405 | adhesives and sealants sludges containing halogenated solvents |
080406 | adhesives and sealants sludges free of halogenated solvents |
09 | WASTES FROM THE PHOTOGRAPHIC INDUSTRY |
0901 | WASTES FROM PHOTOGRAPHIC INDUSTRY |
090101 | water based developer and activator solutions |
090102 | water based offset plate developer solutions |
090103 | solvent based developer solutions |
090104 | fixer solutions |
090105 | bleach solutions and bleach fixer solutions |
090106 | waste containing silver from on-site treatment of photographic waste |
10 | INORGANIC WASTES FROM THERMAL PROCESSES |
1001 | WASTES FROM POWER STATION AND OTHER COMBUSTION PLANTS (EXCEPT 1900) |
100104 | oil fly ash |
100109 | sulphuric acid |
1003 | WASTES FROM ALUMINIUM THERMAL METALLURGY |
100301 | tars and other carbon-containing wastes from anode manufacture |
100303 | skimmings |
100304 | primary smelting slags/white drosses |
100307 | spent pot lining |
100308 | salt slags from secondary smelting |
100309 | black drosses from secondary smelting |
100310 | waste from treatment of salt slags and black drosses treatment |
1004 | WASTES FROM LEAD THERMAL METALLURGY |
100401 | slags (1st and 2nd smelting) |
100402 | dross and skimmings (1st and 2nd smelting) |
100403 | calcium arsenate |
100404 | flue gas dust |
100405 | other particulates and dust |
100406 | solid waste from gas treatment |
100407 | sludges from gas treatment |
1005 | WASTES FROM ZINC THERMAL METALLURGY |
100501 | slags (1st and 2nd smelting) |
100502 | dross and skimmings (1st and 2nd smelting) |
100503 | flue gas dust |
100505 | solid waste from gas treatment |
100506 | sludges from gas treatment |
1006 | WASTES FROM COPPER THERMAL METALLURGY |
100603 | flue gas dust |
100605 | waste from electrolytic refining |
100606 | solid waste from gas treatment |
100607 | sludges from gas treatment |
11 | INORGANIC WASTE WITH METALS FROM METAL TREATMENT AND THE COATING OF METALS; NON-FERROUS HYDRO-METALLURGY |
1101 | LIQUID WASTES AND SLUDGES FROM METAL TREATMENT AND COATING OF METALS (e.g. GALVANIC PROCESSES, ZINC COATING PROCESSES, PICKLING PROCESSES, ETCHING, PHOSPHATIZING, ALKALINE DE-GREASING) |
110101 | cyanidic (alkaline) wastes containing heavy metals other than chromium |
110102 | cyanidic (alkaline) wastes which do not contain heavy metals |
110103 | cyanide-free wastes containing chromium |
110105 | acidic pickling solutions |
110106 | acids not otherwise specified |
110107 | alkalis not otherwise specified |
110108 | phosphatizing sludges |
1102 | WASTES AND SLUDGES FROM NON-FERROUS HYDROMETALLURGICAL PROCESSES |
110202 | sludges from zinc hydrometallurgy (including jarosite, goethite) |
1103 | SLUDGES AND SOLIDS FROM TEMPERING PROCESSES |
110301 | wastes containing cyanide |
110302 | other wastes |
12 | WASTES FROM SHAPING AND SURFACE TREATMENT OF METALS AND PLASTICS |
1201 | WASTES FROM SHAPING (INCLUDING FORGING, WELDING, PRESSING, DRAWING, TURNING, CUTTING AND FILING) |
120106 | waste machining oils containing halogens (not emulsioned) |
120107 | waste machining oils free of halogens (not emulsioned) |
120108 | waste machining emulsions containing halogens |
120109 | waste machining emulsions free of halogens |
120110 | synthetic machining oils |
120111 | machining sludges |
120112 | spent waxes and fats |
1203 | WASTES FROM WATER AND STEAM DEGREASING PROCESSES (EXCEPT 1100) |
120301 | aqueous washing liquids |
120302 | steam degreasing wastes |
13 | OIL WASTES (EXCEPT EDIBLE OILS, 0500 AND 1200) |
1301 | WASTE HYDRAULIC OILS AND BRAKE FLUIDS |
130101 | hydraulic oils, containing PCBs or PCTs |
130102 | other chlorinated hydraulic oils (not emulsions) |
130103 | non-chlorinated hydraulic oils (not emulsions) |
130104 | chlorinated emulsions |
130105 | non-chlorinated emulsions |
130106 | hydraulic oils containing only mineral oil |
130107 | other hydraulic oils |
130108 | brake fluids |
1302 | WASTE ENGINE, GEAR AND LUBRICATING OILS |
130201 | chlorinated engine, gear and lubricating oils |
130202 | non-chlorinated engine, gear and lubricating oils |
130203 | other machine, gear and lubricating oils |
1303 | WASTE INSULATING AND HEAT TRANSMISSION OILS AND OTHER LIQUIDS |
130301 | insulating or heat transmission oils and other liquids containing PCBs or PCTs |
130302 | other chlorinated insulating and heat transmission oils and other liquids |
130303 | non-chlorinated insulating and heat transmission oils and other liquids |
130304 | synthetic insulating and heat transmission oils and other liquids |
130305 | mineral insulating and heat transmission oils |
1304 | BILGE OILS |
130401 | bilge oils from inland navigation |
130402 | bilge oils from jetty sewers |
130403 | bilge oils from other navigation |
1305 | OIL/WATER SEPARATOR CONTENTS |
130501 | oil/water separator solids |
130502 | oil/water separator sludges |
130503 | interceptor sludges |
130504 | desalter sludges or emulsions |
130505 | other emulsions |
1306 | OIL WASTE NOT OTHERWISE SPECIFIED |
130601 | oil waste not otherwise specified |
14 | WASTES FROM ORGANIC SUBSTANCES EMPLOYED AS SOLVENTS (EXCEPT 0700 AND 0800) |
1401 | WASTES FROM METAL DEGREASING AND MACHINERY MAINTENANCE |
140101 | chlorofluorocarbons |
140102 | other halogenated solvents and solvent mixes |
140103 | other solvents and solvent mixes |
140104 | aqueous solvent mixes containing halogens |
140105 | aqueous solvent mixes free of halogens |
140106 | sludges or solid wastes containing halogenated solvents |
140107 | sludges or solid wastes free of halogenated solvents |
1402 | WASTES FROM TEXTILE CLEANING AND DEGREASING OF NATURAL PRODUCTS |
140201 | halogenated solvents and solvent mixes |
140202 | solvent mixes or organic liquids free of halogenated solvents |
140203 | sludges or solid wastes containing halogenated solvents |
140204 | sludges or solid wastes containing other solvents |
1403 | WASTES FROM THE ELECTRONIC INDUSTRY |
140301 | chlorofluorocarbons |
140302 | other halogenated solvents |
140303 | solvents and solvent mixes free of halogenated solvents |
140304 | sludges or solid wastes containing halogenated solvents |
140305 | sludges or solid wastes containing other solvents |
1404 | WASTES FROM COOLANTS, FOAM/AEROSOL PROPELLANTS |
140401 | chlorofluorocarbons |
140402 | other halogenated solvents and solvent mixes |
140403 | other solvents and solvent mixes |
140404 | sludges or solid wastes containing halogenated solvents |
140405 | sludges or solid wastes containing other solvents |
1405 | WASTES FROM SOLVENT AND COOLANT RECOVERY (STILL BOTTOMS) |
140501 | chlorofluorocarbons |
140502 | halogenated solvents and solvent mixes |
140503 | other solvents and solvent mixes |
140504 | sludges containing halogenated solvents |
140505 | sludges containing other solvents |
16 | WASTES NOT OTHERWISE SPECIFIED IN THE CATALOGUE |
1602 | DISCARDED EQUIPMENT AND SHREDDER RESIDUES |
160201 | transformers and capacitors containing PCBs or PCTs |
1604 | WASTE EXPLOSIVES |
160401 | waste ammunition |
160402 | fireworks waste |
160403 | other waste explosives |
1606 | BATTERIES AND ACCUMULATORS |
160601 | lead batteries |
160602 | Ni-Cd batteries |
160603 | mercury dry cells |
160606 | electrolyte from batteries and accumulators |
1607 | WASTE FROM TRANSPORT AND STORAGE TANK CLEANING (EXCEPT 0500 AND 1200) |
160701 | waste from marine transport tank cleaning, containing chemicals |
160702 | waste from marine transport tank cleaning, containing oil |
160703 | waste from railway and road transport tank cleaning, containing oil |
160704 | waste from railway and road transport tank cleaning, containing chemicals |
160705 | waste from storage tank cleaning, containing chemicals |
160706 | waste from storage tank cleaning, containing oil |
17 | CONSTRUCTION AND DEMOLITION WASTE (INCLUDING ROAD CONSTRUCTION) |
1706 | INSULATION MATERIALS |
170601 | insulation materials containing asbestos |
18 | WASTES FROM HUMAN OR ANIMAL HEALTH CARE AND/OR RELATED RESEARCH (EXCLUDING KITCHEN AND RESTAURANT WASTES WHICH DO NOT ARISE FROM IMMEDIATE HEALTH CARE) |
1801 | WASTE FROM NATAL CARE, DIAGNOSIS, TREATMENT OR PREVENTION OF DISEASE IN HUMANS |
180103 | other wastes whose collection and disposal is subject to special requirements in view of the prevention of infection |
1802 | WASTE FROM RESEARCH, DIAGNOSIS, TREATMENT OR PREVENTION OF DISEASE INVOLVING ANIMALS |
180202 | other wastes whose collection and disposal is subject to special requirements in view of the prevention of infection |
180204 | discarded chemicals |
19 | WASTES FROM WASTE TREATMENT FACILITIES, OFF-SITE WASTE WATER TREATMENT PLANTS AND THE WATER INDUSTRY |
1901 | WASTES FROM INCINERATION OR PYROLYSIS OF MUNICIPAL AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES |
190103 | fly ash |
190104 | boiler dust |
190105 | filter cake from gas treatment |
190106 | aqueous liquid waste from gas treatment and other aqueous liquid wastes |
190107 | solid waste from gas treatment |
190110 | spent activated carbon from flue gas treatment |
1902 | WASTES FROM SPECIFIC PHYSICO/CHEMICAL TREATMENTS OF INDUSTRIAL WASTES (e.g. DECHROMATATION, DECYANIDATION, NEUTRALIZATION) |
190201 | metal hydroxide sludges and other sludges from metal insolubilization treatment |
1904 | VITRIFIED WASTES AND WASTES FROM VITRIFICATION |
190402 | fly ash and other flue gas treatment wastes |
190403 | non-vitrified solid phase |
1908 | WASTES FROM WASTE WATER TREATMENT PLANTS NOT OTHERWISE SPECIFIED |
190803 | grease and oil mixture from oil/waste water separation |
190806 | saturated or spent ion exchange resins |
190807 | solutions and sludges from regeneration of ion exchangers |
20 | MUNICIPAL WASTES AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES INCLUDING SEPARATELY COLLECTED FRACTIONS |
2001 | SEPARATELY COLLECTED FRACTIONS |
200112 | paint, inks, adhesives and resins |
200113 | solvents |
200117 | photo chemicals |
200119 | pesticides |
200121 | fluorescent tubes and other mercury containing waste |
PART II HAZARDOUS PROPERTIES
H1 | “Explosive": substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene. |
H2 | “Oxidizing": substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances. |
H3-A | “Highly flammable": |
—liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids), or | |
—substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or | |
—solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or | |
—gaseous substances and preparations which are flammable in air at normal pressure, or | |
—substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities. | |
H3-B | “Flammable": liquid substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C. |
H4 | “Irritant": non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation. |
H5 | “Harmful": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks. |
H6 | “Toxic": substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death. |
H7 | “Carcinogenic": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence. |
H8 | “Corrosive": substances and preparations which may destroy living tissue on contact. |
H9 | “Infectious": substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms. |
H10 | “Teratogenic": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence. |
H11 | “Mutagenic": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence. |
H12 | Substances and preparations which release toxic or very toxic gases in contact with water, air or an acid. |
H13 | Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above. |
H14 | “Ecotoxic": substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment. |
PART III THRESHOLDS FOR CERTAIN HAZARDOUS PROPERTIES
In the waste:
—the total concentration of substances classified as irritant and having assigned to them any of the risk phrases R36 (“irritating to the eyes"), R37 (“irritating to the respiratory system") or R38 (“irritating to the skin") is equal to or greater than 20%;
—the total concentration of substances classified as irritant and having assigned to them the risk phrase R41 (“risk of serious damage to eyes") is equal to or greater than 10%;
—the total concentration of substances classified as harmful is equal to or greater than 25%;
—the total concentration of substances classified as very toxic is equal to or greater than 0.1%;
—the total concentration of substances classified as toxic is equal to or greater than 3%;
—the total concentration of substances classified as carcinogenic and placed by the approved classification and labelling guide in category 1 or 2 of that classification is equal to or greater than 0.1%;
—the total concentration of substances classified as corrosive and having assigned to them the risk phrase R34 (“causes burns") is equal to or greater than 5%; and
—the total concentration of substances classified as corrosive and having assigned to them the risk phrase R35 (“causes severe burns") is equal to or greater than 1%.
F3PART IVRULES FOR THE INTERPRETATION OF THIS SCHEDULE
Sch. 2 Pt. 4 added (31.8.1996) by The Special Waste (Amendment) Regulations 1996 (S.I. 1996/2019), reg. 1, Sch. para. 7
1
Except in the case of a substance listed in the approved supply list, the test methods to be used for the purposes of deciding which (if any) of the properties mentioned in Part II of this Schedule are to be assigned to a substance are those described in Annex V to Council Directive 67/548/EEC, as amended by Commission F30Directive 92/69/EECF30Directives 92/69/EEC, 93/21/EEC, 96/54/EEC, 98/73/EC, 2000/32/EC, 2000/33/EC.
2
Any reference in Part III of this Schedule to a substance being classified as having a hazardous property, having assigned to it a particular risk phrase, or being placed within a particular category of a classification is a reference to that substance being so classified, having that risk phrase assigned to it or being placed in that category—
i
ii
in the case of any other substance, on the basis of the criteria laid down in the approved classification and labelling guide.
3
Any reference in Part III of this Schedule to the total concentration of any substances being equal to or greater than a given percentage is a reference to the proportion by weight of those substances in any waste being equal to or, as the case may be, greater than that percentage.
SCHEDULE 3 AMENDMENTS TO THE WASTE MANAGEMENT LICENSING REGULATIONS 1994
Paragraph 14 is amended by regulation 3(19) to (21) of the Waste Management Licensing (Amendment etc.) Regulations 1995 (S.I. 1995/288).
Provision of Regulations | Amendment |
---|---|
regulation 1(3) | For the definition of “special waste", substitute—
|
regulation 3 | At the end of paragraph (m) add—
|
regulation 10(1)(k) | At the end add “or regulation 15(5) or 16(1) of the Special Waste Regulations 1996". |
regulation 17 | After paragraph (3), insert the following—
|
Schedule 3 | (a)In paragraph 3(a)(ii) after “waste oil" insert “(including waste oil which is special waste)". (b)In paragraph 3(c) after “waste oil", in the first place where those words appear, insert “(including waste oil which is special waste)". (c)In paragraph 18(2)(b) add at the end “(including waste oil which is special waste)". (d)For paragraph 28 substitute—
|
Schedule 4 | (a)At the end of paragraph 9 of Part I add—
(b)In paragraph 13(1) of Part I after “(dealers or brokers),", insert “and producers of special waste,". (c)At the end of paragraph 14(1)(b) of Part I add “or, in the case of special waste, to a previous holder; and for this purpose “holder", in respect of any such waste, means the producer or the person in possession of it". (d)After paragraph 14(1) of Part I insert—
(e)At the end of paragraph 14 of Part I M32 add—
|
Schedule 5 | In Parts II and III, insert at the end of paragraph 3 of the guidance notes—
|
Regulations: transfer of functions (1.7.1999 immediately after the coming into force of Scotland Act 1998 (c. 46), s. 53) by The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), arts. 1(2), 2, Sch. 1