The Hazardous Waste (England and Wales)Regulations 2005

PART 7 E+WRecords and Returns

Site recordsE+W

Records of tipped (discharged) hazardous wasteE+W

47.—(1) Any person who tips (discharges) hazardous waste (whether by way of disposal or storage) in or on any land shall record and identify the waste in accordance with the following requirements of this regulation and regulation 51.

(2) A record shall include either—

(a)a site plan marked with a grid, or

(b)a site plan with overlays on which the deposits of the tipped (discharged) waste are shown in relation to the contours of the site.

(3) Records made under this regulation shall be kept in a register.

(4) Deposits shall be identified by reference to both—

(a)the relevant description and six digit code in the List of Wastes, together with a description of the composition of the waste; and

(b)the consignment note relating to such waste, save that where waste is disposed of within the curtilage of the premises at which it is produced the deposits shall be described by reference to the quarterly return made to the Agency by the hazardous waste producer under regulation 53.

(5) A person who is required to make or retain a register pursuant to this regulation shall—

(a)update the register as soon as reasonably practicable and in any event within 24 hours of the receipt, or deposit, as the case may be, of the waste;

(b)keep the register on the site where the tipping takes place; F1...

(c)[F2subject to paragraph (5A), ] retain the records—

(i)for three years after deposit of the waste; or

(ii)if he has a waste permit pursuant to which the site is operated, until that permit is surrendered or revoked.

[F3(5A) If the person required to make or retain a register has a waste permit pursuant to which the site is operated, the period for retention of a consignment note required to be kept by regulation 51(2)(a) is—

(a)for 5 years after the deposit of the waste; or

(b)if the permit authorises disposal of waste in a landfill, until the permit is surrendered or revoked.

(5B) In paragraph (5A), “landfill” has the meaning given in Article 2(g) of [F4the Landfill Directive], but does not include any operation excluded from the scope of that Directive by Article 3(2) [F5or (3)].]

(6) In reckoning any period of hours for the purposes of this regulation or regulation 48, only the days or hours of any business day shall be counted.

Records of disposal or recovery of hazardous waste by other meansE+W

48.—(1) Any person who—

(a)disposes of hazardous waste in or on land (other than any disposal covered by regulation 47);

(b)recovers hazardous waste in or on land; or

(c)receives hazardous waste at a transfer station,

or both shall record and identify any hazardous waste received in accordance with the following requirements of this regulation and regulation 51.

(2) The waste shall be identified in the record by reference to the relevant description in the List of Wastes and six digit code, and the entry shall include a description of the composition of the waste.

(3) The record shall include—

(a)the quantity, nature and origin of any such waste;

(b)the relevant hazardous properties;

[F6(c)the disposal or recovery method in respect of the waste by reference to the numbering and description applicable in accordance with [F7Annex I or II of the Waste Directive (as the case may be)]; and]

(d)an inventory showing the specific location at which the waste is being held.

(4) Records made under this regulation shall be kept in a register.

(5) The register shall be updated as soon as reasonably practicable and in any event no later than 24 hours after—

(a)a consignment of hazardous waste is received;

(b)any recovery or disposal operations are carried out or any hazardous waste is placed in storage at the transfer station, as the case may be; and

(c)any hazardous waste is removed from the premises.

(6) A person who is required to make or retain records pursuant to this regulation shall—

(a)keep the register of the records on the site where the recovery operations take place or the transfer station is operated, as the case may be; F8...

(b)[F9subject to paragraph (6A),] retain the records-

(i)where the hazardous waste is fully recovered, or remains at a transfer station, as the case may be, until it leaves the site and for three years thereafter; or

(ii)if he has a waste permit pursuant to which the site is operated, until that permit is surrendered or revoked.

[F10(6A) If the person required to make or retain a register has a waste permit pursuant to which the site is operated, the period for retention of a consignment note required to be kept by regulation 51(2)(a) is—

(a)for 5 years after the disposal or recovery of the waste; or

(b)if the permit authorises disposal of waste in a landfill (in addition to other treatment), until the permit is surrendered or revoked.

(6B) In paragraph (6A), “landfill” has the meaning given in Article 2(g) of [F11the Landfill Directive], but does not include any waste excluded from the scope of that Directive by Article 3(2) [F12or (3)].]

Producer and transport recordsE+W

Producers', holders' and consignors' recordsE+W

49.—(1) A producer or holder of hazardous waste, and where different from the producer [F13or holder], a [F14consignor or broker of, or dealer in, hazardous waste], shall keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste.

(2) Where the waste is transported, the duty in paragraph (1) includes a requirement to keep a record of particulars sufficient to identify the carrier.

[F15(3) Any person required to keep a record by paragraph (1) must preserve it—

(a)while the person is a holder of the waste or (if not a holder) has control of the waste; and

(b)for 3 years after the date on which the waste is transferred to another person.]

[F16(4) A producer, holder, dealer, broker or consignor required by paragraph (1) to keep records shall keep the records chronologically in a register.]

(5) The register required to be kept and retained by a producer, holder[F17, dealer, broker] or consignor under paragraph (4) of this regulation shall be kept—

(a)in relation to the register required to be kept by the producer or holder

[F18(i)at the premises at which the waste is produced or held; or]

(ii)if he no longer occupies those premises, at his principal place of business (or such other address as agreed with the Agency for that purpose); F19...

F19(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the register required to be kept by a [F20dealer, broker or] consignor other than the producer or holder shall be kept at his principal place of business.

F21(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Carrier's recordsE+W

50.—(1) An establishment or undertaking which transports hazardous waste shall keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste in accordance with the following requirements of this regulation.

(2) The establishment or undertaking shall keep the records made pursuant to this regulation for at least twelve months commencing on the date of delivery of the waste to its destination.

(3) The information required to be recorded pursuant to paragraph (1) shall be entered [F22chronologically] in a register and the register kept at the carrier's principal place of business.

Registers and records: common provisionsE+W

51.—(1) The following provisions of this regulation apply in relation to registers required to be kept under regulations 47 to 50.

(2) A person who is required to keep a register shall enter in the register each copy received by them of—

(a)any consignment note (includingF23..., where consignments are not accepted, the original note, a copy of any explanation of the reasons for rejection prepared pursuant to regulation 42 and the consignment note prepared pursuant to regulation 43 F24...);

(b)any consignee's return to the producer, holder or consignor received pursuant to regulation 54; and

(c)any carrier's schedule given to him pursuant to regulation 37.

(3) A person who is required to keep a register or retain records until his waste permit is surrendered or revoked shall send those records or that register to the Agency when the permit is surrendered or revoked.

(4) Every register kept or record made pursuant to regulation 15 or 16 of the 1996 Regulations, and every record made pursuant to regulation 13 or 14 of the Control of Pollution (Special Waste) Regulation 1980, shall—

(a)be kept with the register kept pursuant to regulations 47 to 49 by the person required to keep that register for so long as is mentioned in the relevant regulation; and

(b)be sent by that person together with that register if it is sent to the Agency.

Previous holder's right to informationE+W

52.—(1) An establishment or undertaking to which hazardous waste is delivered for disposal or recovery, as the case may be, has the duty, owed to any previous holder of the waste, to supply to that previous holder on request documentary evidence that the disposal or recovery operation concerned has been carried out, indicating where applicable, the relevant entry listed in [F25Annex I or Annex II], as the case may be, to the Waste Directive.

(2) Any request for information under this regulation shall be in writing and shall specify the period (which may not be less than seven days) within which the information is to be supplied.

Consignee and self-disposal quarterly returnsE+W

53.—(1) Every consignee shall make a return, in these Regulations referred to as a consignee quarterly return, to the Agency of information relating to all consignments of hazardous waste received by him in any quarter in accordance with paragraph (4).

(2) The return shall include—

(a)rejected consignments;

(b)hazardous waste delivered by pipeline where regulation 41 applies; and

(c)in the case of multiple collections, each individual consignment collected.

(3) Where in any quarter hazardous waste is disposed of by depositing it within the curtilage of the premises at which it is produced, the producer shall make a return in respect of that quarter of information relating to the deposit to the Agency (including the consignment code), in accordance with paragraph (4).

(4) A return to be made pursuant to this regulation in respect of a quarter shall be made no later than the time specified in the right hand column of the table below in relation to the quarter specified in the left hand column:

(5) The Agency may prescribe a format for returns to be made under this regulation and, where for the time being a format is prescribed pursuant to this paragraph—

(a)the Agency shall publish the format on its website and in such other manner as it may consider appropriate for informing persons required to submit such returns of its content; and

(b)the Agency shall not be obliged to consider a return as properly made for the purposes of these Regulations unless it is made in that format, or in a format substantially to like effect.

(6) If the Agency prescribe a fee payable by a consignee by charging scheme made under section 41 of the Environment Act 1995 as a means of recovering its costs incurred in performing functions in relation to the consignments included on the consignee quarterly returns, a consignee may recover from a consignor any fees paid under these Regulations in relation to consignments sent by that consignor.

Consignee's return to the producer, holder or consignorE+W

54.—(1) Without prejudice to any duty under these Regulations on the part of the consignee to send any document or copy thereof to the producer, holder or consignor, a consignee shall send to a producer or holder identified in the relevant part of a consignment note—

(a)a return in a form corresponding to that set out in Schedule 8 or a form substantially to like effect within one month of the end of the quarter in which the waste concerned was accepted; or

(b)a copy of the consignment note together with a description of the method of disposal or recovery undertaken in relation to the waste, within one month of the end of the quarter in which the waste concerned was accepted.

(2) Where hazardous waste was delivered by pipeline in a case to which regulation 41 applies, paragraph (1) shall apply so that the return required under sub-paragraph (a) or the information required under sub-paragraph (b) shall be supplied within one month of the end of the quarter in which the waste concerned was piped.

(3) Where regulation 42 applies, this regulation does not apply to the consignment or part concerned.

Duties to supply informationE+W

55.—(1) A person who is required to retain any record pursuant to any of the foregoing provisions of this Part shall, at any time during the period in which the record is required to be retained produce that record to the Agency or emergency services on request.

(2) A producer holder, previous holder, consignor, carrier or consignee of hazardous waste shall supply to the Agency on request such information as it may reasonably require for the purposes of performing its functions in connection with these Regulations and for the purposes of monitoring the production, movement, storage, treatment, recovery and disposal of hazardous waste.

(3) An establishment or undertaking to which hazardous waste is delivered for recovery or disposal, as the case may be, has the duty to supply to the Agency on request documentary evidence that the disposal or recovery operation concerned has been carried out, indicating where applicable, the relevant entry listed in [F26Annex I or Annex II], as the case may be, of the Waste Directive.

(4) A person who is required to supply information to the Agency pursuant to this regulation shall supply that information in such form as the Agency may reasonably request.

(5) The power conferred by paragraph (4) includes power to require the production in a visible and legible documentary form of any information is held in electronic form.

(6) Any request for information under this regulation shall be in writing and shall specify the period within which the information is to be supplied.