PART 4Mixing Hazardous Waste

Meaning of mixing hazardous waste18

For the purposes of these Regulations, hazardous waste of any description shall be considered to have been mixed if it has been F1diluted or has been mixed with—

a

a different category of hazardous waste;

F2aa

in the case of hazardous waste comprising waste oil, waste oil of different characteristics;

b

a non-hazardous waste; or

c

any other substance or material.

Prohibition on mixing hazardous waste without a permit19

1

Subject to paragraphs F4(2), (3) and (4), no establishment or undertaking which carries out the disposal or recovery of hazardous waste, or which produces, collects or transports hazardous waste, shall mix any hazardous waste.

2

Paragraph (1) does not apply so as to prohibit a process by which waste is produced and which results in the production of mixed wastes, being a process other than one which mixes a waste with any other waste, substance or material, resulting in—

a

a change in the nature or composition of that waste;

b

or the production of another waste.

3

Paragraph (1) does not apply to the extent that the mixing is part of a disposal or recovery operation and is authorised by, and is conducted in accordance with, the requirements (howsoever expressed) of a waste permit F5....

F34

Paragraph (1) applies to the mixing of waste oil—

a

only to the extent that the prohibition in that paragraph is technically feasible and economically viable; and

b

only where such mixing would impede the treatment of the waste oil.

Duty to separate mixed wastes20

1

This regulation applies to the holder where—

a

the hazardous waste has been mixed other than under and in accordance with a waste permit F6..., whether by the holder or a previous holder; and

b

separation is both—

i

technically and economically feasible; and

ii

necessary in order to comply with the Waste Directive conditions.

2

The holder must make arrangements for separation of the waste to be carried out in accordance with a waste permit or registered exemption as soon as reasonably practicable.

3

In this Regulation “separation” means separation of a waste from any other waste, substance or material with which it has been mixed.