The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations relate to Council Directive 96/59/EC (“the Directive") on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (“PCBs"). They are for the purpose of implementing the provisions of the Directive which require decontamination or disposal of PCBs and equipment containing them and the associated provisions for inventories, labelling and monitoring. They are additional to the existing relevant requirements of the waste management licensing regime under the Environmental Protection Act 1990.

Subject to exceptions, in particular for businesses concerned with decontamination and disposal of PCBs, regulation 3 prohibits the holding of certain equipment contaminated by PCBs (“contaminated equipment") by anyone other than a person registered with the Environment Agency (“the Agency") under these Regulations. This prohibition applies after 31st July 2000.

Subject to exceptions, in particular for businesses concerned with decontamination and disposal of PCBs, for transformers and for certain other equipment being replaced under major replacement programmes, regulation 4(1) prohibits the holding of PCBs and equipment containing them (whether or not within the definition of “contaminated equipment" in regulation 2). This provision applies even though a person is registered with the Agency, but applies only after 31st December 2000.

Contaminated equipment is to be labelled as such (regulation 5) and, when decontaminated, within specified limits, is to be re-labelled in the form set out in Schedule 2 to the Regulations (regulation 4(4)(d)).

Regulation 6 provides for the procedure for registration. Applicants for registration are required to specify, amongst other things, the date by which they expect to have decontaminated or disposed of the equipment concerned. Regulation 7 provides for cancellation of the registration and regulation 8 for appeals against the non-determination of an application for registration or the cancellation of a registration.

Registered holders are required to provide information to the Agency on a regular basis (regulation 10).

Regulations 9, 10(3) and 11 set out the duties of the Agency to monitor the information supplied, to prepare an inventory and to review it at regular intervals, to provide an annual statement of the number of registered holders and items of equipment of which particulars are registered, and in relation to public registers. The preparation of inventories by the Agency and the provision of summaries is to facilitate the discharge of the obligation imposed by Article 4.1 of the Directive to send to the Commission a summary of the inventories of equipment with PCB volumes of more than 5dm3. The Agency also obtains other relevant information through the system of consignment notes under the Special Waste Regulations 1996.

Regulation 12 concerns charges payable to the Agency under the Environment Act 1995.

Regulation 13 creates criminal offences.

Regulation 14 revokes the Control of Pollution (Supply and Use of Injurious Substances) Regulations 1986 (“the 1986 Regulations") and regulation 2 of the Environmental Protection (Controls on Injurious Substances) Regulations 1992 (which amends the 1986 Regulations) as they apply in England and Wales. These are superseded, in particular, by regulation 4 of these Regulations.

Schedule 1 to the Regulations records the disposal operations D8 to D10, D12 and D15 set out in Annex IIA of Directive 75/442/EEC on waste, as replaced by Council Decision 96/350. These are the only permitted methods of disposal of PCBs and equipment contaminated by PCBs under the Directive.

Schedule 2 sets out the Directive’s requirements for the labelling of decontaminated equipment.

An assessment which indicates the cost of compliance to businesses (a “regulatory impact assessment") in respect of these Regulations may be obtained from the Department of the Environment, Transport and the Regions, zone 3/B8, Ashdown House, 123 Victoria Street, London SW1E 6DE. A copy has been placed in the library of each of the Houses of Parliament.