The Hazardous Waste (England and Wales)Regulations 2005

PART 5 E+W Notification of Premises

Requirement to notify premises E+W

21.—(1) Where hazardous waste is produced at, [F1 collected at,] or removed from, any premises other than exempt premises, the premises must be notified to the Agency in accordance with the requirements of this Part.

(2) Premises duly notified to the Agency in accordance with this Part are notified premises for the purposes of these Regulations for the period of twelve months (“the period of notification”) commencing at the effective time and ending at the end of the last day of that twelve month period.

(3) It is the duty of a hazardous waste producer to notify the relevant premises in accordance with regulations 24 and 26 if they have not otherwise already been notified.

(4) Without prejudice to paragraph (3), a consignor may, in the circumstances described in regulation 25, notify the site premises in accordance with that regulation and regulation 26.

Textual Amendments

F1 Words in reg. 21(1) inserted (6.4.2009) by The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/507), regs. 1(c), 8

Prohibition on removal of hazardous waste from premises unless notified or exempt E+W

22.—(1) Subject to paragraph (2), no person shall remove, or cause to be removed, or transport, hazardous waste from any premises unless those premises are, at the time of removal of the waste, notified premises or exempt premises.

(2) Paragraph (1) does not apply to the removal or transport of hazardous waste from any premises if the waste was deposited at those premises in contravention of section 33 of the 1990 Act other than in purported compliance with [F2 an environmental permit] or registered exemption.

Textual Amendments

F2 Words in reg. 22(2) substituted (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 45(4) (with regs. 69-72)

Exemption from the requirement to notify E+W

[F3 23.— (1)  Exempt premises need not be notified to the Agency pursuant to this Part.

(2) In these Regulations, premises are exempt premises if they comply with the condition in paragraph (3) and with either of the conditions in paragraphs (4) and (5).

(3) The condition in this paragraph is that no hazardous waste is removed from the premises by any person other than—

(a) a carrier registered under the Control of Pollution (Amendment) Act 1989; or

(b) a carrier exempt from the requirement to register under that Act.

(4) The condition in this paragraph is that the premises are a ship.

(5) The condition in this paragraph is that the qualifying limitation applies.]

Textual Amendments

F3 Reg. 23 substituted (6.4.2009) by The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/507), regs. 1(c), 9

Notification by producer E+W

24.—(1) Subject to paragraph (2), a hazardous waste producer shall notify to the Agency the site premises or, where he operates a mobile service and elects to treat service premises as the relevant premises in relation to any related premises, the service premises—

(a) before the first occasion on which he produces hazardous waste on the site premises, or, in the case of notification of service premises, on any of the related premises, as the case may require;

(b) where the relevant premises have previously been notified premises, but the period of notification has expired, before the next occasion on which he produces hazardous waste on the site premises or any of the related premises, as the case may require;

(c) where the premises cease to be exempt premises, before the next occasion on which he produces hazardous waste on those premises; or

(d) where the notified premises cease to be service premises in relation to any related premises on account of the qualifying limitation provided for in regulation 30 being exceeded in relation to those related premises, before those limitations are exceeded.

(2) Where it is not reasonably foreseeable that the producer's activities will produce hazardous waste, paragraph (1) applies as if for “before” on each occasion that it occurs, there were substituted “ as soon as reasonably practicable after ”.

Notification by consignor E+W

25.—(1) A consignor who proposes to remove, or cause to be removed, any hazardous waste from any premises may notify those premises to the Agency if—

(a) they are the site premises and the producer is not known or cannot be located without unreasonable inconvenience or expense; or

(b) the waste was not produced at those premises.

Common provisions on notifications E+W

26.—(1) This regulation applies whether notification is given by or on behalf of the producer or consignor.

(2) Notification of the relevant premises may be given in writing or by telephone.

(3) Notification may not without the consent of the Agency be given more than one month in advance of the effective time.

(4) The person giving notification shall provide to the Agency the following information—

(a) his name and address and details of how he can be contacted, and where he is giving notification on behalf of another person, the name and address of that person and details of how that person can be contacted;

(b) the address of the premises being notified;

(c) the classification of the premises in accordance with the SIC; and

(d) such other information as the Agency may reasonably require in connection with its functions of monitoring the movement of hazardous waste, or carrying out inspections pursuant to regulation 56 of these Regulations or [F4 regulation 34(2) of] [F5 the Environmental Permitting Regulations].

(5) If there are any changes in the information provided pursuant to paragraph (4) during the period of notification, the premises shall not be treated as notified until the Agency have received the updated information such that the requirements of paragraph (4) are met.

(6) The Agency may prescribe a model format for notifications of premises in writing and, where for the time being a format is prescribed pursuant to this paragraph—

(a) the Agency shall publish the model format on its website and in such other manner as it may consider appropriate for informing persons required to notify premises of its content; and

(b) the Agency shall not be obliged to consider any notification unless it is made in that model format, or in a format substantially to like effect.

(7) The person giving notification shall pay to the Agency the relevant fee payable in respect of the notification of premises at the same time as giving notification (but no fees are payable in relation to information provided pursuant to paragraph (5)).

[F6 (8) The Agency must inform on request a person who is the holder of hazardous waste or who carries on the business of consigning or collecting hazardous waste whether any premises from which that person proposes to remove, cause to be removed or transport any hazardous waste are notified premises, and if so, the particulars held by the Agency concerning—

(a) the address of the premises, including the postcode;

(b) the premises code;

(c) the name of the holder of the premises code; and

(d) the date of expiry of the premises code, being the end of the period of notification.]

Textual Amendments

F4 Words in reg. 26(4)(d) substituted (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 21 para. 45(5) (with regs. 69-72)

F5 Words in reg. 26(4)(d) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(4) (with reg. 1(2))

F6 Reg. 26(8) substituted (6.4.2009) by The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/507), regs. 1(c), 10

Premises Code E+W

27.—(1) When notification of relevant premises is duly made to and the relevant fee received by the Agency, it shall on receipt thereof issue to the person making the notification a registration code, being a code unique to those premises (a “premises code”).

(2) The premises code may consist of letters, numbers or symbols, or any combination of letters, numbers and symbols.

Effective time E+W

28.—(1) Subject to paragraph (2) of this regulation and without prejudice to regulation 26(3), the time at which notification takes effect (“the effective time”) is—

(a) where a previous period of notification remains in force, on the expiration of that period;

(b) where the person giving notification requests a date for commencement, at the beginning of the date so requested;

(c) in any other case, at the beginning of the fourth business day following the day on which notification is given.

(2) A notification cannot take effect before the time at which the Agency issues the premises code for the period covered by the notification.

Mobile Services E+W

29.—(1) Where the producer of the hazardous waste operates a mobile service, premises to which paragraph (2) applies (“service premises”) are the relevant premises in relation to any related premises whilst that mobile service is operated within the qualifying limitation and the tenure restriction is observed in relation to each related premises.

(2) The premises to which this paragraph applies are—

(a) the premises from which the mobile service is operated; or

(b) where the mobile service is operated from more than one set of premises, the producer's principal place of business.

(3) Where any premises are both—

(a) site premises apart from the mobile service; and

(b) service premises in relation to the mobile service,

a single notification may be made.

The qualifying limitation E+W

[F7 30.— (1) The qualifying limitation for—

(a) a mobile service is that the total aggregated quantity of hazardous waste produced at, collected at, or removed from any one set of related premises in the course of that service is less than 500kg in any period of twelve months; and

(b) any exempt premises is that the total aggregated quantity of hazardous waste produced at, collected at, or removed from the premises is less than 500kg in any period of twelve months.

(2) When calculating the total aggregated quantity, a given quantity of hazardous waste must not be counted against more than one of the activities in paragraph (1)(a) or (b).]

Textual Amendments

F7 Reg. 30 substituted (6.4.2009) by The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/507), regs. 1(c), 11

The tenure restriction E+W

31.  The tenure restriction is that the operator of the mobile service neither owns nor occupies those related premises.

General interpretation of Part 5 E+W

32.  In this Part—

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“effective time” has the meaning given by regulation 28;

“exempt premises” has the meaning given by regulation 23;

“notified premises” has the meaning given by regulation 21(2)

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“period of notification” has the meaning given by regulation 21(2);

[F9 “premises code” has the meaning given by regulation 27(1);]

[F9 “qualifying limitation” has the meaning given by regulation 30;]

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“related premises” means the site premises at which a mobile service produces waste for which the relevant premises are service premises in accordance with regulation 29;

“relevant premises” means the premises which the producer or consignor is required to notify;

“relevant fee” means the fee payable in accordance with a scheme made pursuant to section 41 of the 1995 Act;

“service premises” has the meaning given by regulation 29(1);

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“site premises” means the premises at which hazardous waste is produced;

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Words in reg. 32 omitted (6.4.2009) by virtue of The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/507), regs. 1(c), 12(a)

F9 Words in reg. 32 inserted (6.4.2009) by The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/507), regs. 1(c), 12(b)