The Landfill (England and Wales) Regulations 2002 (revoked)

[F1 PART 2 E+W PROCEDURE FOR THE ACCEPTANCE OF WASTE AT LANDFILLS

Textual Amendments

F1 Sch. 1 substituted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), reg. 1(1), Sch. (as amended by S.I. 2005/1640, regs. 1(2), 9-16)

Interpretation of Part 2 E+W

4.   In this Part “waste regularly generated in the same process” shall mean individual and consistent wastes regularly generated in the same process, where—

(a) the installation and the process generating the waste are well known and the input materials to the process and the process itself are well defined;

(b) the operator of the installation provides all necessary information and informs the operator of the landfill of changes to the process (especially changes to the input material);

(c) the waste comes from a single installation or if from different installations, it can be identified as single stream with common characteristics within known boundaries (eg bottom ash from the incineration of municipal waste); and

(d) there is no significant change in the generation processes,

but shall not include wastes which do not require testing in accordance with paragraph 5(4)(a) or (c).

Basic characterisation E+W

5.— (1) Each type of waste to be accepted at a landfill shall be characterised to ensure all information necessary for safe disposal of the waste in the long term is available including at least the following information—

(a) the source and origin of the waste;

(b) the process producing the waste (including a description of the process, its SIC Code and the characteristics of its raw materials and products);

(c) the waste treatment applied in compliance with regulation 10, or a statement of reasons why such treatment is not considered necessary;

(d) the composition of the waste, including where relevant, an assessment of it against the relevant limit values in Part 3 and, where necessary and available, its other characteristic properties;

(e) the appearance of the waste (including its smell, colour, consistency and physical form);

(f) the Code applicable to the waste under the [F2 European Waste Catalogue][F2 List of Waste (Wales) Regulations 2005];

(g) [F3 in the case of hazardous waste, the relevant properties which render it hazardous as listed in Schedule 3 of the Hazardous Waste (England and Wales) Regulations 2005][F4 in the case of hazardous waste, the relevant properties which render it hazardous as listed in Schedule 3 of the Hazardous Waste (Wales) Regulations 2005];

(h) evidence demonstrating that the waste is not prohibited under regulation 9;

(i) the landfill class at which the waste may be accepted;

(j) the likely behaviour (including, where relevant, leaching behaviour) of the waste in a landfill and any additional precautions that need to be taken at the landfill as a consequence; and

(k) whether the waste can be recycled or recovered.

(2) For waste regularly generated in the same process, the following additional information shall be provided—

(a) the compositional range for the individual wastes;

(b) the range and variability of characteristic properties;

(c) if appropriate, the leachability of the wastes determined by a batch leaching test, a percolation test or a pH dependence test;

(d) identification of the key variables to be tested for compliance testing, the frequency of compliance testing and options for simplification of compliance testing;

(e) in the case of waste which is produced in the same process in different installations, the scope of the evaluation which must include a sufficient number of measurements to show the range and variability of the characteristic properties of the waste.

(3) In order to characterise waste, it must be subject to prior tests in accordance with Part 4 of this Schedule to establish its composition and its leaching behaviour.

(4) Testing is not required in the case of any of the following types of waste—

(a) waste which may be accepted without testing under paragraphs 10 or 13 of Part 3 of this Schedule;

(b) waste in respect of which the Environment Agency is satisfied that all the necessary information for the characterisation under sub-paragraph (1) can be provided without testing; or

(c) waste in respect of which the Environment Agency is satisfied by way of a documented justification supplied to it that—

(i) the waste is of a type where testing is impractical or appropriate testing procedures and acceptance criteria are not available; and

(ii) the waste is of a type which is acceptable at the landfill class in question.

(5) Records of the information obtained for the purposes of characterisation under this paragraph shall be retained by the operator for at least two years after the date of characterisation.

Textual Amendments

F2 Words in Sch. 1 para. 5(1)(f) substituted (W.) (16.7.2005) by The List of Wastes (Wales) Regulations 2005 (S.I. 2005/1820), reg. 1(1), Sch. 2 para. 4

F3 Sch. 1 para. 5(1)(g) substituted (E.) (16.7.2005) by The Hazardous Waste (England and Wales)Regulations 2005 (S.I. 2005/894), reg. 1(1)(b), Sch. 11 para. 37 (with reg. 75)

F4 Sch. 1 para. 5(1)(g) substituted (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 1(2)(ii), Sch. 11 para. 39

Compliance testing E+W

6.— (1) Waste regularly generated in the same process shall not require each batch to be tested as part of its basic characterisation but may instead be subject to compliance testing in accordance with this paragraph.

(2) Compliance testing shall consist of one or more of the tests applied in accordance with paragraph 5(3) above and shall include—

(a) testing of the key variables established under paragraph 5 so as to demonstrate that the waste meets the limit values for those variables;

(b) a batch leaching test using the same method as was used for the test undertaken under paragraph 5(3); and

(c) tests which demonstrate that the waste complies with the results of the characterisation carried out under paragraph 5 and the relevant acceptance criteria described in Parts 1 and 3 of this Schedule.

(3) Compliance testing shall be carried out at the times established in the characterisation but shall be no less frequent than once a year.

(4) Records of the compliance testing shall be retained by the operator for a period of not less than two years.

Wastes accepted without testing E+W

7.   Any type of waste which may be accepted without testing under paragraph 5(4) shall be subject to checking for compliance with its basic characterisation established under paragraph 5.]