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

Regulations 17(1) and 18

SCHEDULE 4 E+W TRANSITIONAL PROVISIONS

Existing landfills : transitional provisions E+W

1.—(1) Subject to paragraph 2(1), this paragraph shall apply to a landfill if—

(a) it is already in operation on 15th June 2002; or

(b) it has not been brought into operation by that date but the relevant authorisation for its operation was granted before that date.

(2) A landfill to which this paragraph applies which falls within paragraph (b) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations shall be treated as an existing installation for the purposes of Part 1 of Schedule 3 to those Regulations.

(3) If the operator proposes to continue to accept waste after 16th July 2002, the operator shall prepare a conditioning plan for the landfill site and submit it to the Environment Agency by that date.

(4) The conditioning plan required by sub-paragraph (3) must—

(a) be prepared on a form provided for that purpose by the Environment Agency; and

(b) contain details of any corrective measures which the operator considers will be needed in order to comply with the relevant requirements of these Regulations.

(5) If the operator does not propose to continue to accept waste after 16th July 2002, the operator shall notify the Environment Agency in writing by that date.

(6) Subject to sub-paragraph (7), where—

(a) the operator notifies the Environment Agency that he does not propose to accept waste for disposal after 16th July 2002;

(b) the Environment Agency decides, following the submission by the operator of a conditioning plan, that there is no reasonable prospect of the landfill or part of it meeting the relevant requirements of these Regulations (such decision, and the reasons for it, to be set out in a notice served on the operator); or

(c) the operator fails to submit a conditioning plan as required by sub-paragraphs (3) and (4) or to notify the Agency as required by sub-paragraph (5),

the Environment Agency shall ensure that closure of the landfill site (in whole or in part) takes place as soon as possible in accordance with regulation 15.

(7) Where the operator proposes to continue to accept waste but fails to submit a conditioning plan in accordance with sub-paragraphs (3) and (4), the relevant authorisation shall cease to have effect so as to authorise the disposal of waste at the landfill, and the Environment Agency shall proceed with the closure of the site under sub-paragraph (6), unless and until a conditioning plan which complies with sub-paragraph (4) is submitted and the Agency has agreed to consider it.

(8) In any case falling [F1 within sub-paragraph (6), (9A) or (9B)]—

(a) regulation 15 shall apply as if—

(i) references to a landfill permit were references to a relevant authorisation;

(ii) where the relevant authorisation is a waste management licence, references to the operator were references to the licence holder; and

(iii) in paragraph (6) after “revocation of permits)” there were inserted “ and sections 38, 39 and 42 of the Environmental Protection Act 1990 (revocation, suspension and surrender of waste management licences) ”; and

(b) the Environment Agency shall, if necessary, by notice in writing served on the operator or, in the case of a waste management licence, the licence holder, vary the conditions of the relevant authorisation so that—

(i) waste is no longer accepted for disposal on the whole or the relevant part of the landfill site from such date as is specified in the notice; and

(ii) the closure and after-care procedures will operate in accordance with regulation 15.

(9) In any case where the whole of a landfill site is not subject to closure under sub-paragraph (6), the Environment Agency shall by notice served on the operator specify the period (which shall not be less than six months) within which an application must be made (accompanied by a copy of the conditioning plan)—

(a) where no landfill permit is in force, for a landfill permit under regulation 10 of the 2000 Regulations; or

(b) where a landfill permit is in force, for a variation of the permit under regulation 17(2) of the 2000 Regulations,

so that waste may continue to be accepted for disposal at the landfill.

[F2 (9A) Where following receipt of a notice under sub-paragraph (9)(a)—

(a) the operator notifies the Environment Agency that he does not propose to accept waste for disposal after the date specified in the notice as the end of the period within which an application for a landfill permit under regulation 10 of the 2000 Regulations must be made;

(b) no application for a landfill permit is duly made within the period specified in the notice; or

(c) an application for a landfill permit is made within the period specified in the notice but then withdrawn or deemed withdrawn at some time after the end of that period,

the Environment Agency shall ensure closure of the landfill site as soon as possible (in whole or part) in accordance with regulation 15.

(9B) Where a landfill permit is refused pursuant to an application made under sub-paragraph (9), the Agency shall ensure closure of the landfill site (in whole or part) in accordance with regulation 15 as soon as possible after the determination date for that part of the landfill site.]

(10) In any case falling within sub-paragraph (9)(b), if an application is not duly made within the period specified in the notice served on the operator under that provision, the landfill permit shall cease to authorise the disposal of waste at the landfill until the application is duly made.

(11) Where the Environment Agency decides to grant or vary a landfill permit pursuant to an application made in accordance with sub-paragraph (9), the Agency shall specify the date or dates on which the permit conditions authorised or required by these Regulations shall take effect.

[F3 (11A) From 16th July 2006 any relevant authorisation shall be read as containing the following additional condition–

• “Waste of the types listed in regulation 9(1)(e) and (f) of the Landfill (England and Wales) Regulations 2002 shall not be accepted.”.

(11B) From 30th October 2007 any relevant authorisation shall be read as containing the following additional condition–

• “Waste of the types listed in regulation 9(1)(a) to (d) of the Landfill (England and Wales) Regulations 2002 and waste which does not comply with the requirement for prior treatment in regulation 10(1) of those Regulations shall not be accepted.”]

(12) The Environment Agency shall exercise its powers under sub-paragraphs (9) and (11)—

(a) on the basis of an assessment of environmental risks; and

(b) with a view to achieving full compliance with the relevant requirements of these Regulations—

(i) as soon as possible; and

(ii) by 31st March 2007 at the latest.

[F4 (13) In this Schedule—

(a) “the relevant requirements of these Regulations” do not include the requirements of paragraph 1 of Schedule 2; and

(b) “determination date” means—

(i) for a landfill (in whole or part) in relation to which a permit is refused and the applicant for the permit appeals against refusal, the date of affirmation of the refusal;

(ii) for a landfill (in whole or part) in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8 to the 2000 Regulations, on which a notice of appeal might have been given.]

Textual Amendments

F1 Words in Sch. 4 para. 1(8) substituted (15.6.2004) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 8(1)(a)

F2 Sch. 4 para. 1(9A)(9B) inserted (15.6.2004) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 8(1)(b)

F3 Sch. 4 para. 1(11A)(11B) inserted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2005 (S.I. 2005/1640), regs. 1(1), 6(1)

F4 Sch. 4 para. 1(13) substituted (15.6.2004) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 8(1)(c)

2.—(1) Paragraph 1 does not apply to a landfill if— E+W

(a) a landfill permit for its operation was granted on or after 16th July 2001 and before 15th June 2002;

(b) it falls within paragraph (b) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations and a waste management licence for its operation was granted on or after 16th July 2001 and before 15th June 2002; or

(c) the prescribed date determined in accordance with Schedule 3 to the 2000 Regulations for the installation at which the landfill activity is carried out is before 15th June 2002 and an application for a landfill permit was duly made (but not determined) before 15th June 2002.

(2) In any case falling within sub-paragraph (1)(b), the waste management licence shall have effect on or after 15th June 2002 as if it were a landfill permit.

(3) In any case falling within sub-paragraph (1) the Environment Agency shall exercise its power to vary the relevant authorisation (or determine the outstanding application) so that the relevant requirements of these Regulations are complied with as soon as possible in relation to the landfill in question.

(4) In any case falling within sub-paragraph (1)(c), where an application for a waste management licence is also outstanding on 15th June 2002, there shall be no obligation on the Agency to determine the application for a waste management licence.

3.—(1) The Environment Agency shall by notice in writing served on the operator no later than 16th July 2002, classify any landfill which appears to the Agency to require classification as a landfill for hazardous waste. E+W

(2) If a landfill classified under sub-paragraph (1) as a landfill for hazardous waste ceases to accept hazardous waste in accordance with the conditioning plan required under paragraph 1(3), the Environment Agency may at any time before 16th July 2004 by notice in writing served on the operator revoke the classification made under sub-paragraph (1).

(3) The following provisions of these Regulations shall impose obligations directly on the operator of any landfill which is for the time being classified under sub-paragraph (1) as a landfill for hazardous waste pending determination of an application made pursuant to paragraph 1(9)—

(a) on or after 16th July 2002—

(i) regulation 9 (prohibition of acceptance of certain wastes); and

(ii) regulation 12 (waste acceptance procedures);

(b) on or after 16th July 2004, regulation 10(1) F5 ... (waste acceptance requirements).

(4) For the purposes of applying regulation 9(1)(g) under sub-paragraph (3)(a)(i) in relation to the period beginning on 16th July 2002 and ending on 15th July 2004, only the criteria in paragraph 1 of Schedule 1 are to be treated as relevant waste acceptance criteria.

(5) The operator of a landfill which is not classified as a landfill for hazardous waste shall only accept hazardous waste at that landfill on or after 16th July 2002 [F6 if the waste is stable non-reactive hazardous waste and it fulfils the relevant waste acceptance criteria].

Textual Amendments

F5 Words in Sch. 4 para. 3(3)(b) omitted (16.7.2005) by virtue of The Landfill (England and Wales) (Amendment) Regulations 2005 (S.I. 2005/1640), regs. 1(1), 6(2)

F6 Words in Sch. 4 para. 3(5) substituted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 8(2)

4.—(1) This paragraph shall apply to any landfill if— E+W

(a) it falls within paragraph (b) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations; and

(b) it has not been brought into operation by 15th June 2002 but an application for a waste management licence was duly made before that date.

(2) Paragraph 1 of Part 1 of Schedule 3 to the 2000 Regulations shall apply as if in sub-paragraphs (a) and (b) “15th June 2002” were substituted for “ 1st January 2001 ”.

(3) Anything duly done by or in relation to the application for a waste management licence shall be treated as if it had been duly done in relation to an application for a landfill permit.

(4) The Environment Agency may give the applicant notice requiring him—

(a) to provide such further information of any description specified in the notice; or

(b) to take such further steps as it may require for the purpose of determining the application.