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The Hazardous Waste (Wales) Regulations 2005

Changes over time for: The Hazardous Waste (Wales) Regulations 2005 (Schedules only)

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Version Superseded: 01/04/2013

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Regulation 3(2)(a)(i)

F1SCHEDULE 1E+WANNEX I OF THE HAZARDOUS WASTE DIRECTIVE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 3(2)(a)(ii)

F2SCHEDULE 2E+WANNEX II OF THE HAZARDOUS WASTE DIRECTIVE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 3

[F3SCHEDULE 3E+WAnnex III to the Waste Directive

Textual Amendments

Properties of waste which render it hazardous

Notes

1.

Attribution of the hazardous properties “toxic” (and “very toxic”), “harmful”, “corrosive”, “irritant”, “carcinogenic”, “toxic to reproduction”, “mutagenic” and “ecotoxic” is made on the basis of the criteria laid down by Annex VI, to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.

2.

Where relevant the limit values listed in Annex II and III to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations shall apply.

Test methods

The methods to be used are described in Annex V to Directive 67/548/EEC and in other relevant CEN-notes.]

H1“Explosive”: substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.
H2“Oxidizing”: substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
H3—A“Highly flammable”
— liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids), or
— substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or
— solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or be consumed after removal of the source of ignition, or
— gaseous substances and preparations which are flammable in air at normal pressure, or
— substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.
H3—B“Flammable”: liquid substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C.
H4“Irritant”: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.
H5“Harmful”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.
H6“Toxic”: substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death.
H7“Carcinogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.
H8“Corrosive”: substances and preparations which may destroy living tissue on contact.
H9“Infectious”: substances and preparations containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10“Toxic for reproduction”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H11“Mutagenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.
H12Waste which releases toxic or very toxic gases in contact with water, air or an acid.
H13(*)“Sensitizing”: substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of eliciting a reaction of hypersensitization such that on further exposure to the substance or preparation, characteristic adverse effects are produced.
(*) As far as testing methods are available.
H14“Ecotoxic”: waste which presents or may present immediate or delayed risks for one or more sectors of the environment.
H15Waste capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics above.

Regulation 35(2)]

[F4SCHEDULE 4E+W

Textual Amendments

Regulation 35(3)

SCHEDULE 5E+WSCHEDULE OF CARRIERS

Regulation 35(4)

F5SCHEDULE 6E+WFORM OF MULTIPLE COLLECTION CONSIGNMENT NOTE/

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 46

SCHEDULE 7E+WUK CROSS-BORDER MOVEMENT OF HAZARDOUS WASTE

Recognition of cross border UK consignment notesE+W

1.  Subject to paragraph 4 and [F6paragraph 6], where hazardous waste is removed from premises situated in England, Scotland, Northern Ireland or Gibraltar and is transported into Wales (“a cross-border consignment note into Wales”), no requirement for a consignment note to accompany the waste under Part 6 applies if—

(a)a consignment note which is completed in England, Scotland, Northern Ireland or Gibraltar accompanies the waste; and

(b)the note contains the information required by the standard consignment note set out in the Annex to Commission Decision 94/774 of 24 November 1994 M1 (“a cross-border consignment note”).

Textual Amendments

Marginal Citations

2.  Any requirement in Part 6 to complete a consignment note for a cross-border consignment may be satisfied by including the information—E+W

(a)on the cross-border consignment note; or

(b)where that is not possible, on a separate form prepared for that purpose.

3.  Any requirement to keep a copy of a consignment note for a cross-border consignment or to give a copy of the note to another person may be satisfied by keeping a copy of the cross-border consignment note or giving a copy of the note to that person.E+W

UK cross-border Consignments into WalesE+W

4.—(1) If a cross-border consignment into Wales is rejected wholly or in part, the consignee must—

(a)indicate on the cross-border consignment note (if he or she has received one) or otherwise provide a written record of his or her rejection of the consignment (or part of it) and the reasons for such rejection;

(b)retain a copy of the note or record;

(c)give a copy to the carrier; and

(d)as soon as reasonably practicable, send a copy to the consignor, and (if different from the consignor) the producer or holder indicated on the cross-border consignment note.

(2) On being informed that the consignee will not accept delivery of a cross-border consignment into Wales or part, the carrier must—

(a)inform the Agency; and

(b)seek instructions from the hazardous waste producer or holder indicated on the cross-border consignment note and take all reasonable steps to ensure they are fulfilled.

(3) Before a rejected cross-border consignment into Wales is moved from the original delivery destination, the carrier must ensure that—

(a)a consignment note is completed in accordance with regulation [F736 or 43]; and

(b)a copy of the note is sent to SEPA (where the waste is transported from Scotland) or the Northern Ireland Department of the Environment (where the waste is transported from Northern Ireland).

(4) Where a cross-border consignment into Wales from Scotland or Northern Ireland is accepted, the consignee must send a copy of the cross-border consignment note to SEPA (where the waste is transported from Scotland) or the Northern Ireland Department of the Environment (where the waste is transported from Northern Ireland).

Textual Amendments

UK cross-border Consignments out of WalesE+W

5.—(1) Where a cross-border consignment out of Wales is consigned to premises in Scotland or Northern Ireland, the following requirements apply in addition to those in Part 6.

(2) Before the hazardous waste is removed—

(a)the hazardous waste producer, or holder, as the case may be, or (in the case of a multiple collection of hazardous waste) the carrier, must ensure that—

(i)a copy of the relevant consignment note is prepared for SEPA (where the waste is to be consigned to a consignee in Scotland), or for the Northern Ireland Department of the Environment (where the waste is to be consigned to a consignee in Northern Ireland); and

(ii)an additional copy is provided for the consignee.

(b)the copies of the relevant consignment note prepared pursuant to paragraph (a) must be completed in accordance with Part 6; and

(c)the consignor (or the producer or holder, as the case may be) or, in the case of a multiple collection of hazardous waste, the carrier, must send the copy of the note prepared pursuant to paragraph (a)(i) to the relevant authority at least 72 hours before removal of the consignment or if that is not possible, as soon as reasonably practicable thereafter.

(3) The carrier must ensure the additional copy of the note prepared for consignee travels with the consignment and is given to the consignee on delivery of the consignment.

Multiple Collections in Wales and EnglandE+W

6.—(1) This paragraph applies to a journey made by a carrier which meets the conditions set out in [F8the definition of “multiple collection” (“amlgasgliad”) in regulation 5(1)] except that at least one collection is made in England.

(2) A journey to which this paragraph applies is to be treated as a multiple collection for the purposes of these Regulations F9....

F10(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 54

SCHEDULE 8E+WFORM OF CONSIGNEE'S RETURN TO PRODUCER OR HOLDER

Regulation 59

SCHEDULE 9E+WTRANSITIONAL CHARGES BY THE AGENCY

1.  The following paragraphs have effect in relation to the charges payable to the Agency under these Regulations.E+W

2.  The charge to be paid on the notification of premises pursuant to regulation 26 is—E+W

(a)£28 for each set of premises notified in writing;

(b)£23 for each set of premises notified by telephone; and

(c)£18 for each set of premises notified in electronic form.

3.  The charge to be paid by a consignee in respect of any consignee quarterly returns made pursuant to regulation 53 is—E+W

(a)for any return made in writing, the sum of the following amounts for each consignment accepted by the consignee during the quarter—

(i)£10 for each consignment forming part of a multiple collection; and

(ii)£19 for any other consignment; and

(b)for any return made in electronic form, the sum of the following amounts for each consignment accepted by the consignee during the quarter—

(i)£5 for each consignment forming part of a multiple collection; and

(ii)£10 for any other consignment.

4.  The charge to be paid by a producer in respect of any self disposal return made pursuant to regulation 53 is—E+W

(a)for any return made in writing, £19; and

(b)for any return made in electronic form, £10.

5.  The time for payment of the fee required under paragraph 3 and 4 is the later of 30 days following—E+W

(a)the last day of the quarter to be covered by the return if a return is not submitted in accordance with regulation 53; or

(b)submission of the return in accordance with regulation 53.

6.  A consignee may recover from a consignor any fees paid under paragraph 3 in relation to consignments sent by that consignor.E+W

Regulation 70(7)

SCHEDULE 10E+WFORM OF FIXED PENALTY NOTICES/

Regulation 73

SCHEDULE 11E+WCONSEQUENTIAL AMENDMENTS

PART 1 E+WAMENDMENTS TO PRIMARY LEGISLATION

The Environmental Protection Act 1990E+W

1.  The Environmental Protection Act 1990 is amended as follows.E+W

2.  In section 75 (as amended by the Hazardous Waste (England and Wales) Regulations 2005 M2—E+W

(a)in subsection (8A) for paragraph (b) substitute—

“(b)in the application of this Part to Wales, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (Wales) Regulations 2005.”;

(b)subsection (8B) is omitted.

Marginal Citations

M2OJ No L 196, 16. 8. 1967, p. 1.

The Waste and Emissions Trading Act 2003E+W

3.  The Waste and Emissions Trading Act 2003 M3 is amended as follows.E+W

Marginal Citations

M3OJ No L 259, 15. 10. 1979, p. 10.

4.  In section 25(2), for “for the purpose of Council Directive 91/689/EEC” substitute “ within the meaning of regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”.E+W

PART 2 E+WAMENDMENTS TO SECONDARY LEGISLATION

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991E+W

F115.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F116.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

The Environmental Protection (Duty of Care) Regulations 1991E+W

F117.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F118.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

The Environmental Protection (Prescribed Processes and Substances) Regulations 1991E+W

9.  The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 M4 are amended as follows.E+W

Marginal Citations

M4OJ No. L310, 03.12.1994 p.70.

10.  In Section 5.1 of Chapter 5 of Schedule 1—E+W

(a)in the definition of “exempt hazardous waste incineration plant”—

(i)in paragraph (ii) for “Annex II to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 2 of the Hazardous Waste (Wales) Regulations 2005 ”;

(ii)in paragraph (iii) for “Annex III to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 3 of the Hazardous Waste (Wales) Regulations 2005 ”;

(b)in the definition of “hazardous waste”—

(i)in the opening words, for “Article 1(4) of Directive 91/689/EEC” substitute “ regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”; and

(ii)in sub-paragraph (i)(b) and paragraph (v), for “in Annex II to Directive 91/689/EEC” substitute “ in Schedule 2 to the Hazardous Waste (Wales) Regulations 2005 ”.

Waste Management Licensing Regulations 1994E+W

F1211.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1212.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1213.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1214.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1215.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1216.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1217.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1218.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1219.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1220.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1221.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1222.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1223.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1224.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1225.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999E+W

26.  The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 M5 are amended as follows.E+W

Marginal Citations

27.  In paragraph 9 of Schedule 1, for “hazardous waste (that is to say, waste to which Council Directive 91/689/EEC applies).” substitute “ hazardous waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”.E+W

Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances)(England and Wales) Regulations 2000E+W

28.  The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) (England and Wales) Regulations 2000 M6 are amended as follows.E+W

Marginal Citations

29.  For regulation 11(3), substitute the following—E+W

“(3) Subject to paragraphs (5) and (7), the Agency shall keep a register specifying the quantity, origin, nature and PCB content of used PCBs in respect of which—

(a)copies of consignment notes specifying that information are furnished to it under regulations 5(4), 8(7) or 9(3) of the Special Waste Regulations 1996; or

(b)quarterly returns specifying that information are furnished to it under regulation 53 of the Hazardous Waste (Wales) Regulations 2005,

and which in either case have been furnished by a person in the course of a business concerned with the disposal of PCBs.”

Pollution Prevention and Control (England and Wales) Regulations 2000E+W

30.  The Pollution Prevention and Control (England and Wales) Regulations 2000 M7 (which extend to England and Wales) are amended as follows.E+W

Marginal Citations

M7S.I. 1991/1624; Schedule 1 was amended by S.I. 1994/1137, 1996/972, 2000/1973.

31.  In Chapter 5 of Schedule 1—E+W

(a)in the definition of “hazardous waste” in the paragraph headed “Interpretation of Section 5.1” of Section 5.1—

(i)in the opening words for “Article 1(4) of Directive 91/689/EEC on hazardous waste” substitute “ regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”; and

(ii)in paragraph (a)(ii) for “Annex II to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 2 of the Hazardous Waste (Wales) Regulations 2005 ”;

(b)in paragraph 1 of the paragraph headed “Interpretation of Part A(1)” of Section 5.3 for the definition of “hazardous waste”, substitute “ “hazardous waste” means any waste as defined for the time being in regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”; and

(c)in the paragraph headed “Interpretation of Part A(1)” of Section 5.4 insert the following after paragraph 3—

In this Part, hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005.”.

Chemicals (Hazard Information and Packaging for Supply) Regulations 2002E+W

32.  The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 M8 are amended as follows.E+W

Marginal Citations

M8S.I. 1991/2839; as amended by S.I.2002/1559, 2003/63.

33.  In regulation 3(3)(e), for “Special Waste Regulations 1996” substitute “ Hazardous Waste (Wales) Regulations 2005 ”.E+W

Landfill (England and Wales) Regulations 2002E+W

34.  The Landfill (England and Wales) Regulations 2002 M9 are amended as follows.E+W

Marginal Citations

M9S.I. 1991/472; relevant amendments are contained in S.I.1998/767.

35.  In Regulation 7(2) for “Hazardous waste means any waste as defined in Article 1(4) of Directive 91/689/EEC (hazardous waste).” substitute “ Hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”.E+W

36.  For paragraph 2(a) of Schedule 1, substitute “ (a) it is a hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005; and ”.E+W

37.  For paragraph 3(1)(a) of Schedule 1, substitute “ (a) it is a hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005; and ”.E+W

38.  For paragraph 3(1)(b) of Schedule 1, substitute “ (b) it is a non-hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005. ”.E+W

39.  For paragraph 5(1)(g) of Schedule 1, substitute—E+W

“(g)in the case of hazardous waste, the relevant properties which render it hazardous as listed in Schedule 3 of the Hazardous Waste (Wales) Regulations 2005;”.

Packaging (Essential Requirements) Regulations 2003E+W

40.  The Packaging (Essential Requirements) Regulations 2003 M10 are amended as follows.E+W

Marginal Citations

M10S.I. 1999/293, to which there are amendments not relevant to these Regulations.

41.  In regulation 3(2), for the words “or the provisions of Council Directive 91/689/EEC on hazardous waste.” substitute “ or the provisions of the Hazardous Waste (Wales) Regulations 2005. ”E+W

Regulation 74

SCHEDULE 12E+WTRANSITIONAL PROVISIONS

PART 1 E+WPROVISIONS OF THESE REGULATIONS

1.—(1) This paragraph applies to any notification of premises made for the purposes of these Regulations from the day after the day on which they are made and before 16 July 2005.E+W

(2) Where it is proposed to remove waste from any premises after 16 July 2005, a producer, and, in the circumstances provided for in regulation 25, a consignor, may notify premises to the Agency in advance in accordance with regulation 26.

(3) The effective time may not be on a date earlier than 16 July 2005 or on a date later than 16 September 2005.

(4) The Agency must, where notification is duly given pursuant to this paragraph, issue a premises code in accordance with regulation 27.

(5) Expressions used in this paragraph have the same meanings as in Part 5.

2.—(1) This paragraph applies to any action taken by a producer or consignor before this paragraph comes into force but which would, if taken after it comes into force, have been a notification which complied with regulation 26, (“a pre-notification”).E+W

(2) A pre-notification is to be regarded as notification given upon the coming into force of this paragraph.

(3) Regulation 28(1) does not apply to a notification arising out of a pre-notification and that notification takes effect, instead:

(a)where the person who gave the pre-notification requested a date for commencement, at the beginning of the date so requested;

(b)where no such request was made, at the beginning of the fourth day following the day on which the pre-notification took place;

(c)when payment of the relevant fee is received by the Agency;

(d)upon the coming into force of this paragraph;

whichever is the later.

(4) Where the Agency issues a premises code in respect of premises which are the subject of a pre-notification given pursuant to this paragraph, that code is to be regarded as having been issued on the coming into force of this paragraph.

(5) Where the relevant fee is paid to the Agency in respect of a pre-notification, that fee is to be regarded as having been paid for the purposes of regulation 26(7) on the coming into force of this paragraph.

3.  Where the removal of waste by pipeline from any premises commenced before 16 July 2005 but continues thereafter, regulation 41 has effect as if the first day on which the waste was piped was 16 July 2005.E+W

PART 2 E+WPERMITTING REGIMES

4.—(1) Subject to the following provisions of this Schedule, a reference in a waste permit to special waste, or to special waste of any description (howsoever framed), is a reference to hazardous waste, or hazardous waste of that description, as the case may be.E+W

5.—(1) This paragraph applies in relation to waste which was not special waste immediately before these Regulations come into force if that waste becomes hazardous waste as a result of these Regulations (“changed status waste”).E+W

(2) Any general prohibition or restriction contained in a waste permit relating to the disposal or recovery of special waste under that permit immediately before these Regulations came into force does not apply to the disposal or recovery of changed status waste insofar as the permit specifically authorises the disposal or recovery of that type of waste.

(3) A waste permit holder who would no longer be authorised to continue to dispose or recover that waste under his or her permit by reason of the change in its status, may continue to dispose or recover that waste in accordance with the permit despite the change in status until the prescribed date.

(4) Regulation 17(3) of the 1994 Regulations does not apply to the carrying on of an exempt activity involving changed status waste at any place by a person who was carrying on that activity at that place immediately before these Regulations come into force (“a changed status waste exempt person”).

(5) A changed status waste exempt person who would no longer be authorised to carry on an exempt activity involving such waste by reason of the change in its status, may continue to carry on that activity at that place in accordance with the 1994 Regulations despite the change in status until the prescribed date.

(6) The prescribed date is—

(a)where an application for a waste permit or a variation to a permit is duly made in relation to the activity before 16 July 2006, the date on which the application is granted or if the application is (or is deemed to be) rejected, the date on which the period for appealing expires without an appeal being made or any appeal is withdrawn or finally determined; or

(b)in any other case, 16 July 2006.

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