Meaning of special waste
2.—(1) Subject to paragraphs (5) and (6), any controlled 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(1) establishing a list of hazardous waste pursuant to Article 1(4) of the Hazardous Waste Directive); and
(b)which, subject to paragraph (3), 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) Subject to paragraph (6), any other controlled waste which
(a)displays the property H3A (first indent), or subject to paragraphs (3) and (5), H4, H5, H6, H7 or H8 specified in Part II of Schedule 2, or
(b)is a medicinal product, as defined in section 130 of the Medicines Act 1968(2) (meaning of “medicinal product” etc.), of a description, or falling within a class, specified in an order under section 58 of that Act(3) (medicinal products on prescription only),
is special waste.
(3) For the purposes of paragraphs (1) and (2), waste displays a property mentioned in Part II of Schedule 2 as toxic, very toxic, harmful, corrosive, irritant or carcinogenic, if it is so classified or, being so classified, has a risk phrase assigned to it or is placed in a category by the approved classification and labelling guide, as the case may be—
(i)in the case of a substance which is both listed in the approved supply list and present at or above the concentration limit applicable under Part V of that List, on the basis of that list; or
(ii)in the case of any other substance, on the basis of the criteria laid down in the approved classification and labelling guide.
(4) Except in the case of a substance listed in the approved supply list and present at or above the concentration limit applicable under Part V of that List, the test methods to be used, for the purposes of deciding which (if any) of the properties mentioned in Part II of Schedule 2 to these Regulations are to be assigned to a substance, are those described in Annex V to Council Directive 67/548/EEC, as amended(4).
(5) Controlled waste which, apart from this paragraph, would be special waste is not special waste if it displays any of the properties H4 to H8 below the threshold shown as applicable to that property in Part III of Schedule 2 (which reproduces those thresholds set out in Article 1 of Council Decision 94/904/EC in so far as they are relevant).
(6) Household waste is not special waste.
OJ No. L 356, 31.12.1994, p.14.
1968 c. 67; section 130 is amended by paragraph 3(7) to (10) of Schedule 1, and Schedule 2, to the Animal Health and Welfare Act 1984 (c. 40).
Section 58 is amended by section 1 of the Medicinal Products: Prescription by Nurses etc. Act 1992 (c. 28).
OJ No. 196, 16.8.1967, p.1 as amended by Commission Directive 92/69/EEC (OJ No. L 383, 29.12.1992, p.1).