SCHEDULE 9Waste operations and materials facilities

PART 1Waste operations

Application1

This Schedule applies in relation to every waste operation.

Interpretation2

In this Schedule—

  • “disposal” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly;

  • “recovery” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly.

Exercise of relevant functions3

1

The regulator must exercise its relevant functions—

a

for the purposes of ensuring that—

i

the waste hierarchy referred to in Article 4 of the Waste Framework Directive is applied to the generation of waste by a waste operation;

ii

waste generated by a waste operation is treated in accordance with Article 4 of the Waste Framework Directive;

b

for the purposes of implementing Article 13 of the Waste Framework Directive, but not in respect of nuisances and hazards arising from traffic beyond the site of a waste operation;

c

so as to ensure that the requirements in the second paragraph of Article 23(1) of the Waste Framework Directive are met;

d

so as to ensure compliance with the following Articles of the Waste Framework Directive—

i

Article 18(2)(b) and (c);

ii

Article 23(3);

iii

Article 23(4);

iv

Article 35(1).

2

But the following duties take effect in relation to an environmental permit which was in force on the date of coming into force of the Waste (England and Wales) Regulations 2011 M1 on the first review of the permit by the regulator (under regulation 34(1)) after that date—

a

the duty in sub-paragraph (1)(a), (d)(i) and (d)(iii);

b

the duty in sub-paragraph (1)(c), to the extent that it is imposed in relation to Article 23(1)(e) and (f).