18.—(1) For the purposes of these Regulations, hazardous waste of any description is considered to have been mixed if it has been [F1diluted or has been] mixed with—
(a)a different category of hazardous waste;
[F2(aa)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.
Textual Amendments
F1Words in reg. 18 inserted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 8(a)
F2Reg. 18(aa) inserted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 8(b)
19.—(1) Subject to paragraphs [F3(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, may 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; or
(b)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 F4....
[F5(4) 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.]
Textual Amendments
F3Words in reg. 19(1) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 9(a)
F4Words in reg. 19(3) omitted (29.3.2011) by virtue of The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 9(b)
F5Reg. 19(4) inserted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 9(c)
20.—(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.
Textual Amendments
F6Words in reg. 20(1)(a) omitted (29.3.2011) by virtue of The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 10