PART 2 HAZARDOUS AND NON-HAZARDOUS WASTE

Specific waste to be treated as non-hazardous9

1

The Assembly may decide, in exceptional cases, on the basis of documentary evidence provided by the holder, and having regard to F2Annex III and the limit values of concentration in the List of Wastes, that a specific batch of waste in Wales which—

a

is listed as hazardous waste in the List of Wastes;

b

is listed in regulations made under section F462A(2) of the 1990 Act; or

c

through of a type not listed as a hazardous waste in the List of Wastes, is treated as hazardous pursuant to regulation 8(2),

does not display any of the properties listed in Annex III F3...and accordingly that it is to be treated for all purposes as non-hazardous in Wales.

F11A

The power at paragraph (1) to decide that waste be treated as non-hazardous does not apply to waste which has been diluted or mixed with the aim of lowering the initial concentrations of hazardous substances to a level below the thresholds for defining waste as hazardous.

2

A specific batch of waste produced in England, Scotland or Northern Ireland and listed as a hazardous waste in the List of Wastes and which is for the time being determined by the Secretary of State, the Scottish Executive, or the Northern Ireland Department of the Environment, as the case may be, to be non-hazardous pursuant to F5Article 7(3) of the Waste Directive, is, subject to any determination made under regulation 8, to be treated for all purposes as non-hazardous in Wales.