The Controlled Waste Regulations 1992

• Citation: S.I. 1992/588
• Sections: 70

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Controlled Waste Regulations 1992 and shall come into force on 1st April 1992 save for regulation 10, which shall come into force on 1st June 1992.

(2) In these Regulations—

“the Act” means the Environmental Protection Act 1990;

“the 1989 Regulations” means the Sludge (Use in Agriculture) Regulations 1989 ;

“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;

“charity” means any body of persons or trust established for charitable purposes only;

“clinical waste” means—

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;

“composite hereditament” has the same meaning as in section 64(9) of the Local Government Finance Act 1988 ;

“construction” includes improvement, repair or alteration;

“Directive waste” has the meaning given by regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011 ;

“part residential subjects” has the same meaning as in section 99(1) of the Local Government Finance Act 1992 ;

“scrap metal” has the same meaning as in section 9(2) of the Scrap Metal Dealers Act 1964 ;

“septic tank sludge” and “sludge” have the same meaning as in regulation 2(1) of the 1989 Regulations; and

“vessel” includes a hovercraft within the meaning of section 4(1) of the Hovercraft Act 1968 .

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

(4) References in these Regulations to waste—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) except so far as otherwise provided, do not include sewage (including matter in or from a privy).

Section 2 Waste to be treated as household waste

(1) Subject to paragraph (2) and regulations 3 and 7A, waste of the descriptions set out in Schedule 1 shall be treated as household waste for the purposes of Part II of the Act.

(2) Waste of the following descriptions shall be treated as household waste for the purposes only of section 34(2) (household waste produced on domestic property) —

(a) waste arising from works of construction or demolition, including waste arising from work preparatory thereto; and

(b) septic tank sludge.

Section 3 Waste not to be treated as household waste

(1) Waste of the following descriptions shall not be treated as household waste for the purposes of section 33(2) (treatment, keeping or disposal of household waste within the curtilage of a dwelling)—

(a) any mineral or synthetic oil or grease;

(b) asbestos; and

(c) clinical waste.

(2) Scrap metal shall not be treated as household waste for the purposes of section 34 at any time before 1st October 1995 .

Section 4 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 45(3) as a case in respect of which a charge for collection may be made.

Section 5 Waste to be treated as industrial waste

(1) Subject to paragraph (2) and regulations 7 and 7A , waste of the descriptions set out in Schedule 3 shall be treated as industrial waste for the purposes of Part II of the Act.

(2) Waste of the following descriptions shall be treated as industrial waste for the purposes of Part II of the Act (except section 34(2))—

(a) waste arising from works of construction or demolition, including waste arising from work preparatory thereto;

(b) septic tank sludge not falling within regulation 7(1)(a) or (c) .

Section 6 Waste to be treated as commercial waste

Subject to regulations 7 and 7A , waste of the descriptions set out in Schedule 4 shall be treated as commercial waste for the purposes of Part II of the Act.

Section 7 Waste not to be treated as industrial or commercial waste

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Section 7A Waste not to be treated as household, industrial or commercial waste

For the purposes of Part II of the Act, waste which is not Directive waste shall not be treated as household waste, industrial waste or commercial waste.

Section 8 Application of Part II of the Act to litter and refuse

Part II of the Act shall have effect as if—

(a) references to controlled waste included references to litter and refuse to which section 96 applies;

(b) references to controlled waste of a description set out in the first column of Table A below included references to litter and refuse of a description set out in the second column thereof;

(c) references to controlled waste collected under section 45 included references to litter and refuse collected under sections 89(1)(a) and (c) and 92(9); and

(d) references to controlled waste collected under section 45 which is waste of a description set out in the first column of Table B below included references to litter and refuse of a description set out in the second column thereof.

TABLE A

TABLE B

Section 9 Exceptions from section 33(1) of the Act

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Section 10 Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

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Section 1

Waste from a hereditament or premises exempted from localnon-domestic rating by virtue of—

(a) in England and Wales, paragraph 11 of Schedule 5 to the Local Government Finance Act 1988 (places of religious worship etc. );

(b) in Scotland, section 22 of the Valuation and Rating (Scotland) Act 1956 (churches etc ).

Section 2

Waste from premises occupied by a charity and wholly or mainly used for charitable purposes.

Section 3

Waste from any land belonging to or used in connection with domestic property, a caravan or a residential home.

Section 4

Waste from a private garage which either has a floor area of 25 square metres or less or is used wholly or mainly for the accommodation of a private motor vehicle.

Section 5

Waste from private storage premises used wholly or mainly for the storage of articles of domestic use.

Section 6

Waste from a moored vessel used wholly for the purposes of living accommodation.

Section 7

Waste from a camp site.

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 11

Waste arising from the discharge by a local authority of its duty under section 89(2).

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 46; 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 domestic property, a caravan or from a moored vessel used wholly for the purposes of living accommodation.

Section 5

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 6

Waste from domestic property or a caravan used in the course of a business for the provision of self-catering holiday accommodation.

Section 7

Dead domestic pets.

Section 8

Any substances or articles which, by virtue of a notice served by a collection authority under section 46, the occupier of the premises may not put into a receptacle for household waste provided in accordance with that section.

Section 9

Litter and refuse collected under section 89(1)(f).

Section 10

Waste from—

(a) in England and Wales, domestic property forming part of a composite hereditament;

(b) in Scotland, the residential part of part residential subjects.

Section 11

Any mineral or synthetic oil or grease.

Section 12

Asbestos.

Section 13

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.

Section 14

Waste from a camp site, other than from any domestic property on that site.

Section 15

Waste from premises occupied by a charity and wholly or mainly used for charitable purposes, unless it is waste falling within paragraph 1 of Schedule 1.

Section 16

Waste from a prison or other penal institution.

Section 17

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

Section 18

Waste from a royal palace.

Section 1

Waste from premises used for maintaining vehicles, vessels or aircraft, not being waste from a private garage to which paragraph 4 of Schedule 1 applies.

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 508 of the Income and Corporation Taxes Act 1988 .

Section 5

Waste from dredging operations.

Section 6

Waste arising from tunnelling or from any other excavation.

Section 7

Sewage not falling within a description in regulation 7 which—

(a) is treated, kept or disposed of in or on land, other than by means of a privy, cesspool or septic tank;

(b) is treated, kept or disposed of by means of mobile plant; or

(c) has been removed from a privy or cesspool.

Section 8

Clinical waste other than—

(a) clinical waste from a domestic property, caravan, residential home or from a moored vessel used wholly for the purposes of living accommodation;

(b) waste collected under section 22(3) of the Control of Pollution Act 1974 or section 25(2) of the Local Government and Planning (Scotland) Act 1982 ; or

(c) waste collected under sections 89, 92(9) or 93.

Section 9

Waste arising from any aircraft, vehicle or vessel which is not occupied for domestic purposes.

Section 10

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