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The Hazardous Waste Regulations (Northern Ireland) 2005

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Duty to separate mixed wastes

20.—(1) This regulation applies to the present holder where—

(a)the hazardous waste has been mixed other than under and in accordance with a waste permit, whether by the present holder or a previous holder;

(b)the present holder is an obligated holder; and

(c)separation is both—

(i)technically and economically feasible; and

(ii)necessary in order to comply with the Waste Directive conditions.

(2) The obligated holder must make arrangements for separation of the waste to be effected by an authorised person (which may be himself) as soon as reasonably practicable.

(3) For the purposes of these Regulations—

(a)“authorised person” in relation to any type of hazardous waste, means a person who is authorised (howsoever expressed) by a waste permit to separate hazardous waste of that type;

(b)“obligated holder” means a person who operates an establishment or undertaking which carries out disposal or recovery of, or collects or transports, hazardous waste, whether or not that holder is also an authorised person;

(c)“separation” means separation of a waste from any other waste, substance or material with which it has been mixed; and

(d)separation shall, in the absence of evidence to the contrary, be considered to be reasonably practicable when the waste arrives at, or could, without unreasonable delay, have arrived at, a site where separation is permitted by a waste permit.

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