The Hazardous Waste (England and Wales)Regulations 2005

Regulation 3(2)(a)(i)

SCHEDULE 1E+WANNEX I TO THE HAZARDOUS WASTE DIRECTIVE

“ANNEX I E+WCATEGORIES OR GENERIC TYPES OF HAZARDOUS WASTE LISTED ACCORDING TO THEIR NATURE OF THE ACTIVITY WHICH GENERATED THEM (*) (WASTE MAY BE LIQUID, SLUDGE OR SOLID IN FORM)

(*) Certain duplications of entries found in Annex II are intentional.

Regulation 3(2)(a)(ii)

SCHEDULE 2E+WANNEX II TO THE HAZARDOUS WASTE DIRECTIVE

“ANNEX II E+WCONSTITUENTS OF THE WASTES IN ANNEX I.B WHICH RENDER THEM HAZARDOUS WHEN THEY HAVE THE PROPERTIES DESCRIBED IN ANNEX III (*)

(*) Certain duplications of generic types of hazardous wastes listed in Annex I are intentional.

Regulation 3(2)(a)(iii)

SCHEDULE 3E+WANNEX III TO THE HAZARDOUS WASTE DIRECTIVE

“ANNEX III E+WPROPERTIES OF WASTES WHICH RENDER THEM HAZARDOUS

NotesE+W

1.  Attribution of the hazard properties “toxic” (and “very toxic”), “harmful”, “corrosive” and “irritant” is made on the basis of the criteria laid down by Annex VI, part I A and part II B, of Council Directive 67/548/EEC of 27 June 1967 of the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances M1, in the version as amended by Council Directive 79/831/EEC M2.

2.  With regard to attribution of the properties “carcinogenic”, “teratogenic” and “mutagenic”, and reflecting the most recent findings, additional criteria are contained in the Guide to the classification and labelling of dangerous substances and preparations of Annex VI (part II D) to Directive 67/548/EEC in the version as amended by Commission Directive 83/467/EEC M3.E+W

Test methodsE+W

The test methods serve to give specific meaning to the definitions given in Annex III.

The methods to be used are those described in Annex V to Directive 67/548/EEC, in the version as amended by Commission Directive 84/449/EEC M4, or by subsequent Commission Directives adapting Directive 67/548/EEC to technical progress. These methods are themselves based on the work and recommendations of the competent international bodies, in particular the OECD.

Regulation 35(2)

SCHEDULE 4E+W

Regulation 35(3)

SCHEDULE 5E+W

Regulation 35(4)

SCHEDULE 6E+W

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 paragraph 7, where hazardous waste is removed from premises situated in Scotland, Wales, Northern Ireland or Gibraltar and is transported into England (“a cross border consignment into England”), no requirement for a consignment note to accompany the waste under Part 6 shall apply if—

(a)a consignment note which is completed in Scotland, Wales, 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 M5 (“a cross border consignment note”).

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 EnglandE+W

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

(a)indicate on the cross border consignment note (if he has received one) or otherwise provide a written record of his 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 England or part, the carrier shall—

(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 England is moved from the original delivery destination, the carrier shall ensure that—

(a)a consignment note is completed in accordance with regulation 43 or 44; 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).

5.  Where a cross border consignment into England from Scotland or Northern Ireland is accepted, the consignee shall 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).E+W

UK Cross Border Consignments out of EnglandE+W

6.—(1) Where a cross border consignment out of England is consigned to premises in Scotland or Northern Ireland, the following requirements shall 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, shall 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) shall 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, shall 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 shall 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 England and WalesE+W

7.—(1) This paragraph applies to a journey made by a carrier which meets the conditions set out in regulation 38(1) except that at least one collection is made in Wales.

(2) A journey to which this paragraph applies shall be treated as a multiple collection for the purposes of these Regulations but in relation to any collections made in Wales, the carrier shall ensure that the multiple collection consignment note is completed before the waste is delivered to the consignee.

(3) Where the consignee for a journey to which this paragraph applies is located in Wales, regulation 39 shall apply to the collection of any consignments collected in England.

Regulation 54

SCHEDULE 8E+W

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 return made pursuant to regulation 53 shall be—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 shall be—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 or 4 shall be 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+W

Regulation 77

SCHEDULE 11E+WCONSEQUENTIAL AMENDMENTS

PART 1 E+WAMENDMENTS TO PRIMARY LEGISLATION

The Waste and Emissions Trading Act 2003E+W

1.  The Waste and Emissions Trading Act 2003 M6 is amended as follows.E+W

2.  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 (England and Wales) Regulations 2005. ”.E+W

PART 2 E+WAMENDMENTS TO SECONDARY LEGISLATION

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

3.  The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 M7 are amended as follows.E+W

4.  At the end of Schedule 1 insert “ The Hazardous Waste (England and Wales) Regulations 2005. ”.E+W

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

5.  The Environmental Protection (Duty of Care) Regulations 1991 M8 are amended as follows.E+W

6.  In regulation 2(3), for “special waste” substitute “ hazardous waste ”, and for “Special Waste Regulations 1996” substitute “ Hazardous Waste (England and Wales) Regulations 2005 ”.E+W

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

7.  The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 M9 are amended as follows.E+W

8.  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 (England and 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 (England and 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 (England and 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 (England and Wales) Regulations 2005 ”.

Waste Management Licensing Regulations 1994E+W

9.  The 1994 Regulations are amended as follows.E+W

10.  In regulation 1(3), for the definition of “special waste”, substitute “ “hazardous waste” has the meaning given by regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 ”.E+W

11.  In regulation 3, at the end add “ (q) the Hazardous Waste (England and Wales) Regulations 2005 ”.E+W

12.  In regulation 10(1)(j) for “special waste” substitute “ hazardous waste ”.E+W

13.  In regulation 10(1)(k) at the end insert “ or regulation 47(5) or 48(6) of the Hazardous Waste (England and Wales) Regulations 2005 ”.E+W

14.  In regulation 14(1) and 14(2), for “toxic and dangerous” substitute “ hazardous waste ”, and in regulation 14(3) for the definition of “toxic and dangerous waste” substitute “ “hazardous waste” has the meaning given by regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005. ”.E+W

15.  In regulation 17(3) and 17(3A) for “special waste” substitute “ hazardous waste ”.E+W

16.  In paragraph 5 of Schedule 1, for subparagraph (d) to the end of paragraph 5, substitute—E+W

“(d)every record made relating to the site pursuant to regulation 14 of the Control of Pollution (Special Waste) Regulations 1980, regulation 16 of the 1996 Regulations, or regulation 0 of the Hazardous Waste (England and Wales) Regulations 2005;

and any estimate under paragraph 4 of the total quantities of the different types of waste dealt with at the site, shall, in particular, differentiate between biodegradable waste, non-biodegradable waste and hazardous waste.”.

17.  In paragraph 2(1) of Schedule 1A, for the definition of hazardous waste substitute “ “hazardous waste” means such waste as defined in Regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005. ”.E+W

18.  In schedule 3, in paragraphs 3(a)(ii), 3(c), 18(2)(b), 28, 36(1), 36(2), 38, 39(1), 39(2), 41(2), and in tables 4, 4A and 4B, on each occasion that it appears, for “special waste” substitute “ hazardous waste ”.E+W

19.  In paragraph 9 of Schedule 4, omit subparagraphs (9) and (10).E+W

20.  In paragraph 13(1) of Schedule 4 delete “, and producers of special waste,”.E+W

21.  In paragraphs 14(1)(b) and 14(1A) of Schedule 4 for “special waste” substitute “ hazardous waste ”.E+W

22.  For paragraph 14(5) of Schedule 4, substitute—E+W

“(2) Paragraph (a) of regulation 66 of the Hazardous Waste (England and Wales) Regulations 2005 (defence in case of emergency) shall apply to a person charged with an offence under paragraph (4) above as it applies to a person charged with an offence under regulation 65 of those Regulations.”.

23.  For paragraph 14(8) of Schedule 4, substitute—E+W

“(8) Regulations 67 and 69(2) of the Hazardous Waste (England and Wales) Regulations 2005 shall apply to an offence under this paragraph as they apply to an offence under regulation 65 of those Regulations.”.

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

24.  The Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999 M10 are amended as follows.E+W

25.  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 (England and Wales) Regulations 2005. ”E+W

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

26.  The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) (England and Wales) Regulations 2000 M11 are amended as follows.E+W

27.  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 (England and 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

28.  The Pollution Prevention and Control (England and Wales) Regulations 2000 M12 (which extend to England and Wales) are amended as follows.E+W

29.  In Chapter 5 of Schedule 1—E+W

(a)in the definition of çhazardous wasteÇ 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 (England and 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 (England and 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 wasteÇ means any waste as defined for the time being in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005. ”; and

(c)in the paragraph headed çInterpretation of Part A(1)Ç 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 (England and Wales) Regulations 2005.”.

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

30.  The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 M13 are amended as follows.E+W

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

Landfill (England and Wales) Regulations 2002E+W

32.  The Landfill (England and Wales) Regulations 2002 M14 are amended as follows.E+W

33.  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 (England and Wales) Regulations 2005. ”.E+W

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

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

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

37.  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 (England and Wales) Regulations 2005;”.

Packaging (Essential Requirements) Regulations 2003E+W

38.  The Packaging (Essential Requirements) Regulations 2003 M15 are amended as follows.E+W

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

Regulation 119

SCHEDULE 12E+WTRANSITIONAL PROVISIONS

PART 1 E+WPROVISIONS OF THESE REGULATIONS

1.   E+W

(1) This paragraph applies to any notification of premises made for the purposes of these Regulations before 16th July 2005.

(2) Where it is proposed to remove waste from any premises after 16th 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) Notification may be given more than one month in advance of the effective time.

(4) But the effective time for may not be on a date earlier than 16th July 2005 or on a date later than 16th September 2005.

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

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

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

PART 2 E+WPERMITTING REGIMES

3.   E+W

(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.

4.—(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 shall 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 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 shall 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 16th 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, 16th July 2006.