The Collection and Disposal of Waste Regulations 1988

• Citation: S.I. 1988/819
• Sections: 91

Section 1 Citation and commencement

(1) These Regulations may be cited as the Collection and Disposal of Waste Regulations 1988.

(2) This regulation, regulations 2, 5, 10 and 11, and, so far as they relate to the provisions of sections 12 to 14, regulations 3, 6 and 7, shall come into force on 6th June 1988. The remainder of these regulations shall come into force on 3rd October 1988.

Section 2 Interpretation

(1) In these Regulations—

“ the Act ” means the Control of Pollution Act 1974;

“agriculture” has the same meaning as in section 109(3) of the Agriculture Act 1947 ;

“agricultural purposes” means the growing of commercial food crops including the growing of such crops for stock-rearing purposes;

“camp site” means land on which tents are pitched for the purposes of human habitation and land the use of which is incidental to land on which tents are so pitched;

“clinical waste” includes—

any waste which consists wholly or partly of human or animal tissue, blood or other body fluids, excretions, drugs or other pharmaceutical products, swabs or dressings, or syringes, needles or other sharp instruments, being waste which unless rendered safe may prove hazardous to any person coming into contact with it; and

any other waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation, treatment, care, teaching or research, or the collection of blood for transfusion, being waste which may cause infection to any person coming into contact with it;

“construction” includes improvement, repair or alteration;

“container” includes a container in or on a vehicle, and a receptacle within the meaning of section 13;

“liquid waste” means waste which in the conditions under which it is handled will flow and can be transferred by pump, and includes leachate from waste;

“sewage sludge” means the residue produced at a sewage treatment works which is not discharged with the treated effluent;

“special waste” has the meaning given to it in the Control of Pollution (Special Waste) Regulations 1980 ;

“waste oil” means mineral or synthetic oil, which is contaminated, spoiled or otherwise unfit for its original purpose;

“waste solvent” means solvent which is contaminated, spoiled or otherwise unfit for its original purpose.

(2) Any reference in these Regulations to a section is, except where the context otherwise requires, a reference to a section of the Act.

(3) Any reference in these Regulations to waste does not include a reference to waste from any mine or quarry or to waste from premises used for agriculture.

Section 3 Waste to be treated as household waste

Waste of the descriptions set out in Schedule 1 shall be treated as household waste for the purposes of all the provisions of Part I of the Act.

Section 4 Waste not to be treated as household waste

Waste of the following descriptions shall not be treated as household waste for the purposes of section 4(2) (disposal of household waste within the curtilage of a private dwelling)—

(a) any mineral or synthetic oil or grease;

(b) asbestos; and

(c) clinical waste.

Section 5 Charges for the collection of household waste

The collection of any of the types of household waste set out in Schedule 2 is prescribed for the purposes of section 12(3) as a case in respect of which a charge for collection may be made.

Section 6 Waste to be treated as industrial waste

Waste of the descriptions set out in Schedule 3 shall be treated as industrial waste for the purposes of all the provisions of Part I of the Act.

Section 7 Waste to be treated as commercial waste

Waste of the descriptions set out in Schedule 4 shall be treated as commercial waste for the purposes of all the provisions of Part I of the Act.

Section 8 Licence required for the use of plant or equipment for dealing in a prescribed manner with controlled waste

The manners of dealing with controlled waste set out in Schedule 5 are prescribed for the purposes of section 3(1)(b).

Section 9 Cases where disposal licence not required

(1) Subject to the provisions of paragraphs (2) and (3), the cases set out in Schedule 6 are prescribed for the purposes of section 3(1) as cases in which a disposal licence is not required for the deposit of controlled waste on land, or for the use of plant or equipment for the purpose of disposing of such waste, or for the use of plant or equipment for the purpose of dealing with such waste in a manner prescribed by regulation 8.

(2) Paragraphs 1 to 17 of Schedule 6 do not apply where the presence of the waste on land is liable to give rise to an environmental hazard within the meaning of section 4(5).

(3) Paragraphs 1 to 14, 16 and 17 of Schedule 6 do not apply where the waste is special waste.

Section 10 Appeals under section 10(1)

(1) A person (“the appellant”) appealing to the Secretary of State under section 10(1) against a decision of a disposal authority (“the authority”) shall give notice of appeal to the Secretary of State within six months from—

(a) the date of the decision which is the subject of the appeal; or

(b) the date on which the authority is deemed by section 6(5) to have rejected the application;or within such longer period as the Secretary of State may allow.

(2) The appellant shall give notice of appeal on the form set out in Schedule 7, and the notice shall have annexed to it a statement of the grounds on which the appeal is made.

(3) The appellant shall send to the Secretary of State with the notice of appeal two copies of the following documents—

(a) where the appeal is made pursuant to section 10(1)(a) or (b), the application and plans, drawings, particulars or other documents submitted in support of the application;

(b) where the appeal is against a refusal to modify an existing disposal licence or is made pursuant to section 10(1)(b), (c) or (d), the disposal licence;

(c) any other consent, determination or notice given by the authority which is relevant to the appeal;

(d) any planning permission which is in force and relates to the use of the relevant land, plant or equipment; and

(e) any other correspondence or other document that is relevant to the appeal.

(4) The appellant shall send to the authority a copy of the notice of appeal, including the statement of grounds, and a copy of any other document submitted by him to the Secretary of State.

Section 11 Revocations

(1) Regulations 5, 6, 7 and 8 of the Control of Pollution (Licensing of Waste Disposal) Regulations 1976 shall be revoked on 6th June 1988, and the remainder of those Regulations shall be revoked on 3rd October 1988.

(2) Regulation 2(d) of the Control of Pollution (Licensing of Waste Disposal) (Amendment) Regulations 1977 shall be revoked on 6th June 1988, and the remainder of those Regulations shall be revoked on 3rd October 1988.

Section 1

Waste from premises which are not a private dwelling for the purposes of the General Rate Act 1967 by virtue of paragraph 2 of Schedule 13 to that Act (rooms let singly for residential purposes).

Section 2

Waste from a garage or store used wholly in connection with a private dwelling.

Section 3

Waste from premises occupied by a religious community and used wholly for the purposes of human habitation.

Section 4

Waste from premises exempted from liability to be rated by virtue of section 39 of the General Rate Act 1967 (relief from rates for places of religious worship).

Section 5

Waste from premises given relief from the payment of rates by virtue of section 40(1)(a) of the General Rate Act 1967 (relief from rates for charitable organisations).

Section 6

Waste from a camp site.

Section 7

Waste from a residential hostel.

Section 8

Waste from a prison or other penal institution.

Section 9

Waste from a hall or other premises used wholly or mainly for public meetings.

Section 10

Waste from a royal palace.

Section 1

Any article of waste which exceeds 25 kilograms in weight.

Section 2

Any article of waste which does not fit, or cannot be fitted into—

(a) a receptacle for household waste provided in accordance with section 13; or

(b) where no such receptacle is provided, a cylindrical container 750 millimetres in diameter and 1 metre in length.

Section 3

Garden waste.

Section 4

Clinical waste from a private dwelling or residential home.

Section 5

Dead domestic pets.

Section 6

Any waste substances which, by a notice served by a collection authority under section 13, the occupier of the premises may not put into a receptacle for household waste provided in accordance with that section.

Section 7

Waste from a residential hostel, a residential home, or from premises forming part of a university, school or other educational establishment, or forming part of a hospital or nursing home.

Section 8

Waste of the descriptions set out in regulation 4(a) and (b).

Section 9

(1) Waste from a caravan which in accordance with any licence or planning permission regulating the use of the caravan site on which the caravan is stationed is not allowed to be used for human habitation throughout the year.

(2) In this paragraph“caravan” means a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968 ) which usually and for the time being is situated on a caravan site within the meaning of that Act.

Section 10

Waste from premises given relief from the payment of rates by virtue of section 40(1)(a) of the General Rate Act 1967 (relief from rates for charitable organisations).

Section 11

Waste from a camp site, other than from any private dwelling on that site.

Section 12

Waste from a prison or other penal institution.

Section 13

Waste from a hall or other premises used wholly or mainly for public meetings.

Section 14

Waste from a royal palace.

Section 1

Waste from premises used for maintaining vehicles, vessels or aircraft not being part of, or whose use is incidental to, a private dwelling.

Section 2

Waste from a laboratory.

Section 3

(1) Waste from a workshop or similar premises not being a factory within the meaning of section 175 of the Factories Act 1961 because the people working there are not employees or because the work there is not carried on by way of trade or for purposes of gain.

(2) In this paragraph,“workshop” does not include premises at which the principal activities are computer operations or the copying of documents by photographic or lithographic means.

Section 4

Waste from premises occupied by a scientific research association approved by the Secretary of State under section 362 of the Income and Corporation Taxes Act 1970 .

Section 5

Waste from dredging operations.

Section 6

Waste arising from works of construction or demolition, including waste arising from work preparatory thereto.

Section 7

Waste arising from tunnelling or from any other excavation.

Section 8

Sewage or sewage sludge deposited on land other than—

(a) sewage or sewage sludge deposited within the curtilage of a sewage treatment works as an integral part of the operation of those works; or

(b) sewage sludge deposited directly onto land for agricultural purposes.

Section 9

Clinical waste other than that from a private dwelling or residential home.

Section 10

Waste arising from any aircraft, vehicle or vessel which is not occupied as a private dwelling.

Section 11

Waste which has previously formed part of any aircraft, vehicle or vessel and which is not household waste.

Section 12

Waste removed from land on which it has previously been deposited and any soil with which such waste has been in contact.

Section 13

Leachate from a deposit of waste.

Section 14

Poisonous or noxious waste arising from any of the following processes undertaken on premises used for the purposes of a trade or business—

(a) mixing or selling paints;

(b) sign writing;

(c) laundering or dry cleaning;

(d) developing photographic film or making photographic prints;

(e) selling petrol, diesel fuel, paraffin, kerosene, heating oil or similar substances; or

(f) selling pesticides, herbicides or fungicides.

Section 15

Waste from premises used for the purposes of breeding, boarding, stabling or exhibiting animals.