The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009

Regulation 10

SCHEDULE 1SCHEDULE 2 TO THE ENVIRONMENTAL PERMITTING (ENGLAND AND WALES) REGULATIONS 2007

“SCHEDULE 2Exempt waste operations: general

Interpretation: general

1.   In this Schedule—

“applicable fee” means a fee imposed by the Agency under paragraph 6(1) until such date as it is superseded by a charging scheme referred to in that paragraph and from that date means the fee prescribed under such a scheme;

“register” means the register which the exemption registration authority is required to establish and maintain under paragraph 9(1);

“registered” means, in relation to an establishment or undertaking, that the relevant particulars appear in the register during a valid registration period, and “registration” must be construed accordingly;

“relevant particulars” means the information in paragraph 4(2);

“valid registration period” means the period of validity of a registration referred to in paragraph 7(1) as read with paragraph 7(2);

“waste mobile plant” has the meaning given in regulation 8(4);

“WEEE operation” means a waste operation falling within a description in the paragraph numbered T11 of Chapter 2 of Part 2 of Schedule 3 (repair or refurbishment of WEEE).

Interpretation: exemption registration authority

2.—(1)  Subject to sub-paragraphs (2) and (3), the exemption registration authority in relation to a waste operation falling within a description in Part 2 of Schedule 3 is the Agency.

(2) The exemption registration authority in relation to a waste operation falling within a description in the paragraph numbered T3 (treatment of waste metals and alloys by heating for the purposes of removing grease etc) or T7 (treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size) of Chapter 2 in Part 2 of Schedule 3 is—

(a)where the waste operation is carried on by waste mobile plant and the operator of the plant has its principal place of business in England or Wales, the local authority in whose area the operator has its principal place of business;

(b)where the waste operation is carried on by waste mobile plant and the operator of the plant has its principal place of business outside England and Wales, the local authority in whose area the operation is first carried on;

(c)where the waste operation is not carried on by waste mobile plant, the local authority in whose area the operation is carried on.

(3) The exemption registration authority in relation to a waste operation falling within a description in the paragraph numbered T22 of Chapter 2 of Part 2 of Schedule 3 (treatment of animal by-product waste at a collection centre) is the authority responsible for granting an authorisation under regulation 27 of the Animal By-Products Regulations.

Requirements for exempt waste operations

3.—(1)  The requirements referred to in regulation 5(1) are—

(a)the waste operation falls within a description in Part 2 of Schedule 3;

(b)the general and specific conditions specified in Part 2 of Schedule 3 (which are set out in paragraphs 2 and 3 of each Chapter of that Part) in relation to the description are met;

(c)subject to sub-paragraph (2) of this paragraph and paragraph 11(9), an establishment or undertaking is registered in relation to the waste operation; and

(d)the type and quantity of waste submitted to the waste operation, and the method of disposal or recovery, are consistent with the need to attain the objectives mentioned in Article 4(1) of the Waste Framework Directive.

(2) The requirement in sub-paragraph (1)(c) does not apply to any waste operation carried on within the curtilage of a domestic property by a person who is not an establishment or undertaking.

Procedure for registering an exempt waste operation

4.—(1)  An establishment or undertaking seeking to be registered in relation to a waste operation falling within a description in Part 2 of Schedule 3 or to renew a registration in relation to such a waste operation must notify the exemption registration authority of —

(a)the relevant particulars; and

(b)the information specified in sub-paragraph (3).

(2) The relevant particulars are—

(a)the name and address of the establishment or undertaking carrying on the waste operation;

(b)a description of the waste operation;

(c)the place where the waste operation is carried on, including, where applicable, the post code of that place or if no post code is applicable, the Ordnance Survey National Grid reference point for that place; and

(d)where the waste operation described is a WEEE operation, the type and quantity of waste subject to the operation.

(3) The information in this sub-paragraph is the name and business contact details of an individual officer or employee designated by the establishment or undertaking to be the primary contact for the purposes of registration.

(4) Notification under sub-paragraph (1) must be in the form specified by the exemption registration authority.

(5) Where an establishment or undertaking is seeking to be registered in relation to a WEEE operation or to renew a registration in relation to a WEEE operation, it must make a notification under sub-paragraph (1) which must be accompanied by the applicable fee.

Restrictions on registering exempt waste operations carried on at the same place

5.—(1)  An establishment or undertaking may not be registered more than once during a valid registration period in relation to any one waste operation described in Part 2 of Schedule 3 that is carried on or is to be carried on at the same place.

(2) If an establishment or undertaking is registered more than once in contravention of sub-paragraph (1), the second and any subsequent registration is invalid.

(3) Subject to sub-paragraph (7), not more than one establishment or undertaking may be registered at the same time in relation to the same waste operation described in Part 2 of Schedule 3 if the operation is carried on or is to be carried on at the same place.

(4) If more than one establishment or undertaking is registered in contravention of sub-paragraph (3), only the registration specified in sub-paragraph (5) is valid.

(5) The registration in this paragraph is the registration relating to the establishment or undertaking in respect of which the relevant particulars relating to the operation first appeared on the register in the relevant period.

(6) In this paragraph, “relevant period” means the period in which the relevant particulars relating to the establishments or undertakings appear on the register.

(7) Sub-paragraph (3) does not apply in relation to a waste operation falling within a description in the paragraph numbered D2 of Chapter 3 of Part 2 of Schedule 3 (deposit of waste from a railway sanitary convenience).

Fee for registration relating to WEEE operations

6.—(1)  Notwithstanding the power to make a charging scheme under section 41 of the 1995 Act, the Agency may impose a fee in accordance with sub-paragraph (2) until—

(a)the fee is superseded by such a charging scheme; or

(b)1st April 2013,

whichever is the earlier.

(2) The fee referred to in sub-paragraph (1) is £840 in respect of the registration of an establishment or undertaking in relation to a WEEE operation.

Validity of registration

7.—(1)  A first registration or the registration of a WEEE operation is valid for 3 years.

(2) Any other registration is valid until the end of validity of the first registration made in relation to the establishment or undertaking.

(3) For the purposes of sub-paragraphs (1) and (2), the period of validity of any registration commences on the date of registration or on the most recent renewal date, as the case may be.

(4) An establishment or undertaking may renew a registration at any time in the month prior to the registration becoming invalid (and the registration procedure specified in paragraph 4 applies in relation to any such renewal).

(5) Where an establishment or undertaking has renewed a registration in accordance with sub-paragraph (4), the renewal takes effect on the day after the day on which the previous registration becomes invalid.

(6) In this paragraph—

“first registration” means in relation to an establishment or undertaking—

“date of registration” means in relation to an establishment or undertaking, the date on which the relevant particulars first appear on the register;

“renewal date” means the date that the renewal of a registration takes effect in accordance with sub-paragraph (5).

Changes to relevant particulars

8.—(1)  A registered establishment or undertaking must notify the exemption registration authority without delay of any changes to the following—

(a)any of the relevant particulars; and

(b)any of the information specified in paragraph 4(3).

(2) If an establishment or undertaking does not comply with sub-paragraph (1)(a), the exemption registration authority may remove the entry made in respect of the establishment or undertaking from the register.

(3) Notification under sub-paragraph (1) must be in the form specified by the exemption registration authority.

(4) The exemption registration authority must notify the establishment or undertaking in question without delay if it removes an entry from the register pursuant to sub-paragraph (2).

Register of exempt waste operations

9.—(1)  Every exemption registration authority must establish and maintain a register of exempt waste operations in relation to which it is the exemption registration authority.

(2) Subject to sub-paragraph (4), the exemption registration authority must ensure the register contains the relevant particulars within 5 working days of the date that it receives from an establishment or undertaking seeking to be registered or to renew a registration—

(a)notification of—

(i)the relevant particulars, and

(ii)the information specified in paragraph 4(3); and

(b)payment of the applicable fee where this is required in accordance with paragraph 4(5).

(3) The exemption registration authority must ensure the register is updated to reflect any changes notified under paragraph 8(1) within 5 working days of the date that it receives the notification.

(4) The exemption registration authority must not enter the relevant particulars on the register in relation to a WEEE operation until it has carried out an inspection in relation to the operation that complies with the second and third paragraphs of Article 6(2) of the WEEE Directive.

(5) Every exemption registration authority must—

(a)ensure that its register is open to inspection by the public free of charge at all reasonable hours; and

(b)provide reasonable facilities to the public for obtaining a copy of an entry on payment of a reasonable charge.

(6) A register may be kept in any form.

Duty to remove entries from the register

10.—(1)  The duty to maintain a register in paragraph 9(1) includes a duty to remove an entry if—

(a)the exemption registration authority is notified by an establishment or undertaking that it has ceased to carry on the waste operation at the place stated in the relevant particulars;

(b)the waste operation is no longer an exempt waste operation;

(c)in the case of a WEEE operation, the exemption registration authority—

(i)has carried out an inspection in accordance with paragraph 13(2), and

(ii)is not satisfied as to the particulars to be verified pursuant to the third paragraph of Article 6(2) of the WEEE Directive.

(2) The exemption registration authority must notify the establishment or undertaking in question without delay if it removes an entry from the register pursuant to sub-paragraph (1)(b) or (c).

Exclusion from the register of information affecting national security

11.—(1)  The appropriate authority may direct the exemption registration authority that, in the interests of national security, specified information or a specified description of information must be excluded from the register.

(2) The exemption registration authority must notify the appropriate authority of any information it excludes from the register pursuant to such a direction.

(3) The appropriate authority may direct the exemption registration authority that in the interests of national security a specified description of information must be referred to the authority for its determination before the information is included on the register.

(4) A person may give a notice to the appropriate authority stating that in that person’s opinion the inclusion of information on the register would be contrary to the interests of national security.

(5) A notice under sub-paragraph (4) must specify the information and indicate its apparent nature.

(6) A person giving a notice under sub-paragraph (4) must at the same time notify the exemption registration authority.

(7) The exemption registration authority must not include information notified under sub-paragraph (4) on the register unless the appropriate authority determines that it may be included.

(8) A determination by the appropriate authority to exclude information notified under sub-paragraph (4) from the register must be given effect by a direction under sub-paragraph (1).

(9) In relation to a waste operation that is the subject of a direction or notice given under this paragraph, the requirement in paragraph 3(1)(c) of this Schedule—

(a)does not apply where that direction requires the exclusion of all relevant particulars from the register; and

(b)is satisfied where—

(i)a direction given under sub-paragraph (1) requires the exclusion of some, but not all, relevant particulars from the register,

(ii)a direction given under sub-paragraph (3) requires the exclusion of relevant particulars from the register, or

(iii)a notice given under sub-paragraph (4) which is pending a determination under sub-paragraph (7) requires the exclusion of relevant particulars from the register.

Record keeping

12.—(1)  This paragraph applies to every exempt waste operation where the waste operation—

(a)is a WEEE operation; or

(b)falls within a description in the following paragraph numbers in Part 2 of Schedule 3—

(i)subject to sub-paragraph (2), paragraph U10 (spreading waste on agricultural land to confer benefit) or U11 (spreading waste on non-agricultural land to confer benefit) of Chapter 1,

(ii)paragraph T9 (recovery of scrap metal) of Chapter 2,

(iii)paragraph T7 (treatment of waste bricks, tiles and concrete by crushing, grinding or reducing it in size) of Chapter 2 where the operation is carried on by waste mobile plant.

(2) But it does not apply in relation to an exempt waste operation where the waste operation falls within a description in the paragraph numbered U10 and U11 of Chapter 1 in Part 2 of Schedule 3 and the establishment or undertaking is required to keep records in relation to the operation and the waste that is subject to that operation under the Nitrate Pollution Prevention Regulations 2008(1) or the Nitrate Pollution Prevention (Wales) Regulations 2008(2).

(3) An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

(a)keep records of the quantity, nature, origin and, where relevant, the destination and treatment method of all waste disposed of or recovered in the course of that operation; and

(b)where the waste operation falls within a description in the paragraph numbered T3 (treatment of waste metals and metal alloys by heating for the purposes of removing grease etc) or T7 (treatment of waste bricks, tiles and concrete by crushing, grinding or reducing it in size) of Chapter 2 and is carried on by waste mobile plant, keep records of the places where the operation is carried on.

(4) An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

(a)retain any records that it is required to keep under sub-paragraph (3) for a period of 2 years; and

(b)during that period make those records available to the exemption registration authority on request.

Periodic inspections

13.—(1)  Every exemption registration authority must carry out appropriate periodic inspections of establishments and undertakings carrying on exempt waste operations in respect of which it is the exemption registration authority.

(2) If an exempt waste operation involves a WEEE operation the exemption registration authority must discharge the duty in sub-paragraph (1) by carrying out an inspection that complies with the third and fourth paragraphs of Article 6(2) of the WEEE Directive.”