The Hazardous Waste (England and Wales)Regulations 2005

• Citation: S.I. 2005/894
• Sections: 141

Section 1 Citation, commencement, extent and territorial application

(1) These Regulations may be cited as the Hazardous Waste (England and Wales) Regulations 2005 and come into force as follows-

(a) Parts 1, 2, paragraph 1 of Part 1 of Schedule 12 and, for the purposes of that paragraph only, Part 5, regulation 59(3) and Schedule 9 and regulation 78 on 16th April 2005; and

(b) the remainder, on 16th July 2005.

(2) These Regulations extend to England and Wales only.

(3) Nothing in these Regulations applies to Wales except this regulation, Part 11, and regulation 5 so far as relating to that Part.

Section 2 The Waste Directive and the meaning of waste

(1) For the purposes of these Regulations—

(a) “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste , as last amended by Directive (EU) 2018/851 , and as read in accordance with regulation 2A ;

(b) “ waste ” means anything that—

(i) is waste within the meaning of Article 3(1) of the Waste Directive , as read with Articles 5 and 6 of that Directive ; and

(ii) subject to regulation 15, is not excluded from the scope of that Directive by Article 2(1), (2) or (3).

(2) In these Regulations, a reference to the Waste Directive conditions is a reference to the conditions set out in Article 13 of that Directive, that is to say, to ensure that waste management is carried out without endangering human health, without harming the environment and, in particular—

(a) without risk to water, air, soil, plants or animals;

(b) without causing a nuisance through noise or odours; and

(c) without adversely affecting the countryside or places of special interest.

Section 2A Modification of the Waste Directive

(1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England.

(3) Article 2 is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a), for “other Community legislation” there were substituted “ assimilated law ” ;

(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002 ” there were substituted “ Regulation (EC) No 1069/2009 ” ;

(iii) in point (d), for the words from “Directive 2006/21/EC ” to the end there substituted “ the Mining Waste Directive ” ;

(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(c) paragraph 4 were omitted.

(5) Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object is a by-product must be made—

(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b) having regard to any guidance published by the appropriate authority for the purposes of this Article.

(c) paragraphs 2 and 3 were omitted.

(6) Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object has ceased to be waste must be made—

(a) in accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b) having regard to any guidance published by the appropriate authority for the purposes of this Article.

(c) in paragraph 2—

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the Agency”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The Agency”;

(bb) “by competent authorities” were omitted.

(7) Article 7 is to be read as if—

(a) before paragraph 1 there were inserted—

(A1) In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC , as that list has effect in England.

(b) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC , be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(c) paragraphs 2, 3, 6 and 7 were omitted.

(8) Article 19 is to be read as if—

(a) in paragraph 1, for “Community” there was substituted “ national ” ;

(b) in paragraph 2, for “a Member State” there were substituted “ England ” .

(9) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

(10) In paragraph (2), “ local authority ” means—

(a) in England outside Greater London—

(i) a district council,

(ii) a county council, or

(iii) the Council of the Isles of Scilly;

(b) in Greater London—

(i) the council of a London borough,

(ii) the Common Council of the City of London,

(iii) the Sub-Treasurer of the Inner Temple, or

(iv) the Under-Treasurer of the Middle Temple.

Section 2B Meaning of the “Mining Waste Directive”

(1) In regulation 2A(3)(a)(iii), “ the Mining Waste Directive ” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs (2) and (3).

(2) Article 2 is to be read as if—

(a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph (7) of this regulation;

(b) paragraphs 3 and 4 were omitted .

(3) Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC ” there were substituted “ Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive ” .

(7) For the purposes of paragraph (2)(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

(a) the reference to “Member States” were a reference to the appropriate authority;

(b) in the words after the final indent, “environmental objectives”—

(i) in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

(ii) in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

(iii) in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

(8) In paragraph (7)(b), “ the WFD Regulations ” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.

Section 3 Annex III to the Waste Directive

A reference in these Regulations to—

(a) Annex III is a reference to Annex III (properties of waste which render it hazardous) to the Waste Directive ...;

(b) hazardous properties is a reference to the properties in Annex III.

Section 4 The List of Wastes

(1) In these Regulations, “ the List of Wastes ” means the list of wastes established by Commission Decision 2000/532/ EC replacing Decision 94/3/ EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/ EEC on waste and Council Decision 94/904/ EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/ EEC on hazardous waste, as amended from time to time.

(2) A reference in these Regulations in relation to any waste to—

(a) being “listed as a waste” and “ listed as a hazardous waste ” refers to that waste being listed as a waste, or as a hazardous waste, as the case may be, in the List of Wastes, provided, in the case of a waste to which a limit value of concentration applies, it shall only be considered to be listed as a hazardous waste where the relevant limit value of concentration is satisfied;

(b) being “ not listed as hazardous ” refers to that waste being not listed as a hazardous waste in the List of Wastes, whether or not it is listed as a waste, and whether or not it is otherwise a hazardous waste pursuant to these Regulations;

and cognate expressions shall be construed accordingly.

Section 5 General Interpretation

(1) In these Regulations—

“ the 1990 Act ” means the Environmental Protection Act 1990 ;

“ the 1995 Act ” means the Environment Act 1995 ;

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“ the 1996 Regulations ” means the Special Waste Regulations 1996 );

“ the Environmental Permitting Regulations ” means the Environmental Permitting (England and Wales) Regulations 2016 ;

“ the Agency ” means the Environment Agency;

“ appropriate authority ” means the Secretary of State or the Agency;

“ asbestos waste ” means waste which contains or is contaminated by asbestos;

“ authorised person ” has the meaning given by section 108(15) of the 1995 Act;

“ business day ” means any day other than any—

Saturday or Sunday;

Good Friday or Christmas Day;

day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 ; or

other public holiday;

“ carrier ” in relation to a consignment of hazardous waste, means a person who takes one or more of the following actions, that is to say, collects the consignment from the premises at which it was produced or premises at which it is being held, delivers it to the consignee, or transports it in the course of its transfer from those premises to the consignee;

“ consignee ”, in relation to a consignment of hazardous waste, means the person to whom the waste is or is to be transferred for recovery or disposal;

“ consignment code ” shall be construed in accordance with regulation 34(1);

“ consignment note ”, in relation to a consignment of hazardous waste, means the identification document which is required to accompany the hazardous waste when it is transferred pursuant to Article 19(2) of the Waste Directive.

“ consignor ”, in relation to a consignment of hazardous waste, means the person who causes that waste to be removed from the premises at which it was produced or is being held;

“ domestic waste ” means waste produced by a household;

“ emergency or grave danger ” has the meaning given by regulation 61;

“ emergency services ” means those police, fire and ambulance services who are liable to be required to respond to an emergency;

“environmental permit” has the meaning given in regulation 13(1) of the Environmental Permitting Regulations ;

“harbour area” has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016;

“ hazardous waste ” has the meaning given by regulation 6; “ mixing ” shall be construed in accordance with regulation 18;

“Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if—

in Article 2—

in point (a)—

“‘waste’,” were omitted; and

for “ Directive 2008/98/EC ” there were substituted “the Waste Framework Directive”;

after point (a) there were inserted—

(aa) ‘waste’ has the meaning given by regulation 2(1)(b) of the Hazardous Waste (England and Wales) Regulations 2005;

in Article 3—

in paragraph (2), “Without prejudice to existing Community legislation,” were omitted;

for paragraph (3) there were substituted—

(3) The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting Regulations, is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to those Regulations.

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“ multiple collection ” means a journey made by a single carrier which meets the following conditions—

the carrier collects more than one consignment of hazardous waste in the course of the journey;

each consignment is collected from different premises;

all the premises from which a collection is made are in England; and

all consignments collected are transported by that carrier in the course of a journey to the same consignee;

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“ non-hazardous waste ” has the meaning given by regulation 7;

“premises” includes land and any ship ...;

“ quarter ” means any period of three months ending on 31st March, 30th June, 30th September or 31st December;

“ radioactive substances activity ” has the meaning given in Schedule 23 to the Environmental Permitting Regulations;

“radioactive substances exemption” has the meaning given in regulation 2(1) of the Environmental Permitting Regulations;

“ radioactive waste ” has the meaning given in Schedule 23 to the Environmental Permitting Regulations;

“ registered exemption ” means an exempt waste operation within the meaning of the Environmental Permitting Regulations;

“ schedule of carriers ” means the form of schedule set out in Schedule 5 and required to be completed where more than one carrier transports, or is to transport, the consignment;

“ SEPA ” means the Scottish Environment Protection Agency;

“ ship ” means a vessel of any type whatsoever including submersible craft, floating craft and any structure which is a fixed or floating platform;

“ six digit code ” means the six digit code referable to a type of waste in accordance with the List of Wastes, and in relation to hazardous waste, includes the asterisk;

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“ United Kingdom ship ” has the meaning given by section 1 of the Merchant Shipping Act 1995 ;

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“waste permit” means a marine licence under Part 4 of the Marine and Coastal Access Act 2009 or an environmental permit.

(2) In these Regulations—

“ broker ” means an undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“ collection ” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

“ dealer ” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

“ disposal ” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I of the Waste Directive sets out a non-exhaustive list of disposal operations);

“ holder ” means the producer of the waste or the person who is in possession of it;

“ management ” means the collection, transport, recovery (including sorting) and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as dealer or broker;

“ producer ” means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of the waste;

“ recovery ” means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy (Annex II of the Waste Directive sets out a non-exhaustive list of recovery operations);

“ waste oil ” means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils,

and cognate expressions must be construed accordingly.

(3) In these Regulations—

(a) any document which is to be provided or given to any person (other than a fixed penalty notice under Part 10) may be provided or given to that person in electronic form if the text is capable of being produced by that person in a visible and legible documentary form;

(b) any requirement to make, keep or retain a record or to maintain a register may be satisfied in electronic form if the text is capable of being produced by that person in a visible and legible documentary form;

(c) any requirement for a signature on a ... consignment note or schedule of carriers , may be satisfied by an electronic signature incorporated into the document; and

(d) “ electronic signature ” means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.

Section 6 Hazardous waste

Subject to regulation 9, a waste is a hazardous waste if it is—

(a) listed as a hazardous waste in the List of Wastes ;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a specific batch of waste which is determined pursuant to regulation 8 to be a hazardous waste,

and the term “hazardous” and cognate expressions shall be construed accordingly.

Section 7 Non-hazardous waste

The following are non-hazardous waste—

(a) a waste which is not a hazardous waste pursuant to regulation 6; or

(b) a specific batch of waste which is determined pursuant to regulation 9 to be a non-hazardous waste,

and the expression “non-hazardous” and cognate expressions shall be construed accordingly.

Section 8 Specific waste to be treated as hazardous

(1) The Secretary of State, having regard to Annex III and the limit values of concentration in the List of Wastes, may determine, in exceptional cases, that a specific batch of waste in England which—

(a) is not listed as a hazardous waste in the List of Wastes;

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(c) though of a type listed as a hazardous waste in the List of Wastes, is treated as non-hazardous pursuant to regulation 9(2),

displays one or more of the hazardous properties, and accordingly that it shall be treated for all purposes as hazardous waste.

(2) A specific batch of waste produced in Wales, Scotland or Northern Ireland and not listed as hazardous in the List of Wastes and which is for the time being determined ... to be hazardous pursuant to paragraph (3) , shall, subject to any determination made under regulation 9, be treated for all purposes as hazardous waste in England.

(3) For the purposes of paragraph (2), a specific batch of waste is determined to be hazardous—

(a) in relation to Wales if—

(i) of a type listed in regulations made under section 62A(2) of the 1990 Act;

(ii) it is the subject of a determination by the Welsh Ministers under regulation 8 of the Hazardous Waste (Wales) Regulations 2005;

(b) in relation to Northern Ireland, it is the subject of a determination by the Department of Agriculture, Environment and Rural Affairs under regulation 9 of the Hazardous Waste Regulations (Northern Ireland) 2005;

(c) in relation to Scotland, it is the subject of a determination by the Scottish Ministers, because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex III.

Section 9 Specific waste to be treated as non-hazardous

(1) The Secretary of State may decide, in exceptional cases, on the basis of documentary evidence provided by the holder, and having regard to Annex III and the limit values of concentration in the List of Wastes, that a specific batch of waste in England which—

(a) is listed as hazardous waste in the List of Wastes;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) though of a type not listed as a hazardous waste in the List of Wastes, is treated as hazardous pursuant to regulation 8(2),

does not display any of the properties listed in Annex III ... and accordingly that it shall be treated for all purposes as non-hazardous in England.

(1A) The Secretary of State must not decide to treat waste as non-hazardous under paragraph (1) if it has been diluted or mixed with the aim of lowering the initial concentrations of hazardous substances to a level below the thresholds for defining waste as hazardous.

(2) A specific batch of waste produced in Wales, Scotland or Northern Ireland and listed as a hazardous waste in the List of Wastes and which is for the time being determined ... to be non-hazardous pursuant to paragraph (3) , shall, subject to any determination made under regulation 8, be treated for all purposes as non-hazardous in England.

(3) For the purposes of paragraph (2), a specific batch of waste is determined to be non-hazardous if it is the subject of a decision—

(a) in relation to Wales, by the Welsh Ministers under regulation 9 of the Hazardous Waste (Wales) Regulations 2005;

(b) in relation to Northern Ireland, by the Department of Agriculture, Environment and Rural Affairs under regulation 10 of the Hazardous Waste Regulations (Northern Ireland) 2005;

(c) in relation to Scotland, by the Scottish Ministers that the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex III.

Section 10 Provisions common to regulations 8 and 9

(1) The Secretary of State may revoke a determination made under regulation 8 or 9.

(2) The Secretary of State shall, before making a determination under regulation 8 or 9 or revoking such a determination, except where she considers it inappropriate to do so on account of the nature of any emergency or grave danger, consult—

(a) the requisite bodies;

(b) the holder of the specific batch of waste; and

(c) any other person appearing to her—

(i) to have an interest in the specific waste; or

(ii) to be otherwise directly affected by the determination.

(3) The Secretary of State shall give notice of any determination made under regulation 49 or 50 or revocation of such a determination to—

(a) the requisite bodies;

(b) the holder of the specific batch of waste concerned; and

(c) any person she has consulted pursuant to paragraph (2)(c).

(4) The notice shall give reasons for the determination or revocation, as the case may be.

Section 11 Requisite bodies

For the purposes of this Part, the “requisite bodies” are—

(a) the Agency;

(aa) the Natural Resources Body for Wales;

(b) SEPA;

(c) the National Assembly for Wales;

(d) the Scottish Executive;

(e) the Northern Ireland Department of the Environment ;

(f) the Health and Safety Executive; and

(g) any organisation appearing to the Secretary of State to be representative of persons likely to be affected by the relevant determination or revocation of a determination, as the case may be.

Section 12 General application of Parts 4 to 11

(1) Subject to paragraphs (2) to (4), these Regulations apply to hazardous waste.

(2) Except as provided in regulations 13 (asbestos waste) and 14 (separated domestic fractions), these Regulations do not apply to domestic waste.

(3) Nothing in Part 6 of these Regulations (movement of hazardous waste) shall apply in relation to shipments of waste to which the provisions of Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste , other than Title III of that Regulation, apply.

(4) These Regulations apply to hazardous waste in England notwithstanding that the waste—

(a) was produced on or removed from premises in Scotland, Wales, Northern Ireland or Gibraltar; or

(b) is, or is to be, transported from premises in England to premises located in one of those places.

(5) For the avoidance of doubt, in their application to—

(a) ships' waste, these Regulations apply to any ship;

(b) the internal waters and the territorial sea of the United Kingdom adjacent to England, these Regulations apply, without prejudice to paragraph (3), to a consignment of waste transported in any ship,

in each case (whether the ship is a United Kingdom ship or otherwise and, if a United Kingdom ship, whether registered in England or otherwise).

Section 13 Asbestos waste

(1) These Regulations apply to asbestos waste whether or not it is domestic waste.

(2) Nothing in these Regulations imposes obligations on an occupier of domestic premises in relation to asbestos waste produced on those premises.

(3) A contractor who is engaged to carry out any works at domestic premises which produce asbestos waste or which relate to asbestos waste is to be treated as the producer of the asbestos waste, and, where the contractor does not engage another person as consignor, as the consignor of the asbestos waste.

Section 14 Separated domestic fractions

(1) This regulation applies to any separated domestic fraction, that is to say, hazardous waste which—

(a) is domestic waste; and

(b) has been separated from other domestic waste.

(2) Nothing in these Regulations imposes obligations on an occupier of domestic premises in relation to separated domestic fractions which have been produced at those premises.

(3) Part 4 of these Regulations applies to separated domestic fractions from the time at which the waste is accepted for collection, disposal or recovery—

(a) from the domestic premises at which the waste was produced; or

(b) at a site for the reception of domestic waste to which the separated domestic fractions are taken by an occupier of domestic premises.

(4) After separated domestic fractions have been removed from the premises at which the waste was produced and taken to other premises for collection, disposal or recovery, any establishment or undertaking which accepts the separated domestic fractions for collection, disposal or recovery must be treated from the time at which the waste is so accepted as the producer of the waste for the purposes of these Regulations.

Section 14A Hazardous waste produced at shop premises

(1) Hazardous waste produced at shop premises by customers of the occupier shall be treated as being produced by the occupier for the purposes of these Regulations.

(2) For the purposes of this regulation, “shop premises” has the meaning given by section 1(3) of the Offices, Shops and Railway Premises Act 1963 .

Section 15 Radioactive waste

(1) This regulation applies to radioactive waste where—

(a) a radioactive substances activity in relation to that radioactive waste does not require an environmental permit by virtue of a radioactive substances exemption ; and

(b) that radioactive waste has one or more hazardous properties arising other than from its radioactive nature.

(2) Notwithstanding regulation 2(1)(b)(ii), radioactive waste to which this regulation applies is treated as waste for the purposes of these Regulations, and accordingly it is treated as hazardous waste and these Regulations apply to that waste.

Section 16 Agricultural waste

(1) These Regulations do not apply to agricultural waste before 15th May 2007 , but apply on and after that date to agricultural waste whenever it became waste.

(2) For the purpose of this regulation, “ agricultural waste ” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947 .

Section 17 Mines and quarries waste

These Regulations do not apply to waste from a mine or quarry before 15th May 2007 , but apply on and after that date to such waste whenever it became waste.

Section 18 Meaning of mixing hazardous waste

For the purposes of these Regulations, hazardous waste of any description shall be considered to have been mixed if it has been diluted or has been mixed with—

(a) a different category of hazardous waste;

(aa) in the case of hazardous waste comprising waste oil, waste oil of different characteristics;

(b) a non-hazardous waste; or

(c) any other substance or material.

Section 19 Prohibition on mixing hazardous waste without a permit

(1) Subject to paragraphs (2), (3) and (4) , no establishment or undertaking which carries out the disposal or recovery of hazardous waste, or which produces, collects or transports hazardous waste, shall mix any hazardous waste.

(2) Paragraph (1) does not apply so as to prohibit a process by which waste is produced and which results in the production of mixed wastes, being a process other than one which mixes a waste with any other waste, substance or material, resulting in—

(a) a change in the nature or composition of that waste;

(b) or the production of another waste.

(3) Paragraph (1) does not apply to the extent that the mixing is part of a disposal or recovery operation and is authorised by, and is conducted in accordance with, the requirements (howsoever expressed) of a waste permit ....

(4) Paragraph (1) applies to the mixing of waste oil only where such mixing would impede regeneration or another recycling operation delivering an equivalent or a better overall outcome than regeneration.

(5) In paragraph (4)—

“recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes, including the reprocessing of organic material but not including energy recovery or reprocessing into materials that are to be used as fuels;

“regeneration” means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils.

Section 20 Duty to separate mixed wastes

(1) Paragraph (2) applies to the holder where—

(a) the hazardous waste has been mixed other than under and in accordance with a waste permit ..., whether by the holder or a previous holder; and

(b) separation is both—

(i) technically ... feasible; and

(ii) necessary in order to comply with the Waste Directive conditions.

(2) The holder must make arrangements for separation of the waste to be carried out in accordance with a waste permit or registered exemption as soon as reasonably practicable.

(2A) Where separation is not required pursuant to paragraph (2), the holder must make arrangements for mixed hazardous waste to be treated at a facility authorised by a waste permit to treat that waste.

(3) In this Regulation “ separation ” means separation of a waste from any other waste, substance or material with which it has been mixed.

Section 21 Requirement to notify premises

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Section 22 Prohibition on removal of hazardous waste from premises unless notified or exempt

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Section 23 Exemption from the requirement to notify

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Section 24 Notification by producer

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Section 25 Notification by consignor

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Section 26 Common provisions on notifications

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Section 27 Premises Code

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Section 28 Effective time

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Section 29 Mobile Services

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Section 30 The qualifying limitation

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Section 31 The tenure restriction

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Section 32 General interpretation of Part 5

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Section 33 Coding standard

(1) It is the duty of the Agency from time to time to designate, and at all times to maintain in force a designation of a standard (in these Regulations referred to as a “ coding standard ”, making provision for the composition of consignment codes for the purposes of this Part.

(2) The coding standard must enable each consignment of hazardous waste to be given a unique consignment code.

(3) The standard shall make provision for different codes for consignment notes completed in relation to hazardous waste removed by pipeline pursuant to regulation 41, where piping is continuous for more than one quarter.

(4) The standard shall make provision for consignment codes to consist of letters, numbers or symbols, or any combination of letters, numbers and symbols.

Section 34 Consignment codes

(1) It is the duty of—

(a) the producer, in relation to—

(i) a consignment of hazardous waste to be removed from premises at which the waste is produced (other than a ship);

(ii) hazardous waste to be removed by pipeline from premises (other than a ship) situated in a case to which regulation 41 applies; or

(iii) hazardous waste to be deposited within the curtilage of premises at which it was produced;

(b) the master of the ship, in relation to any hazardous waste removed from a ship in a harbour area (including waste accidentally spilled on land adjacent to the ship); and

(c) the consignor, in relation to any other consignment of hazardous waste,

to assign to the hazardous waste a unique code in accordance with the coding standard for the time being in force.

(2) The code assigned pursuant to paragraph (1) shall be the consignment code of the hazardous waste concerned for the purposes of these Regulations.

Section 35 Completion of consignment notes

(1) Where hazardous waste is removed from any premises—

(a) a consignment note shall be completed in accordance with paragraph (2) of this regulation and the requirements of the relevant regulation if one of the following regulations applies—

(i) regulation 36 (standard procedure);

(ii) regulation 39 (removal of ship's waste to reception facilities);

(iii) regulation 40 (removal of ship's waste other than to reception facilities);

(iv) regulation 41 (removal of waste by pipeline); or

(v) where the consignment or any part thereof is rejected by the consignee, in accordance in each case with regulation 42 and 43;

(b) if regulation 37 (Schedule of carriers) applies, a schedule of carriers shall be completed in accordance with that regulation and paragraph (3) of this regulation; or

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The form of consignment note set out in Schedule 4, or a form requiring the same information in substantially the same format, shall be used and shall be completed so as to contain (in the place indicated in the form) all the information provided for in that Schedule which is applicable to the case.

(3) The form of the schedule of carriers set out in Schedule 5, or a form requiring the same information in substantially the same format, shall be used and shall be completed so as to contain (in the place indicated in the form) all the information provided for in that Schedule which is applicable to the case.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this Part, a reference to a part of a consignment note or schedule of carriers by its number or description is a reference to that part as it is required to be so numbered or described as the case may be in the form in Schedule 4 or 5 as the case may require.

(6) Until the end of the period of 6 months beginning with the day on which the Waste (England and Wales) Regulations 2011 are made—

(a) a carrier may elect to use the multiple collection procedure which applied immediately before the coming into force of those Regulations; and

(b) the forms set out in these Regulations as originally enacted, or forms requiring the same information in substantially the same format, may be used instead of those substituted by the Waste (England and Wales) Regulations 2011.

Section 36 Standard procedure

(1) This regulation applies in all cases where a consignment of hazardous waste is to be removed from premises except in cases to which any of regulations 39 to 41 apply.

(2) Before the consignment is removed—

(a) the hazardous waste producer, or holder, as the case may be, shall—

(i) prepare a copy of the consignment note for each of the following: the hazardous waste producer or holder, where different from the consignor; the consignor; the carrier; and the consignee;

(ii) complete Parts A and B on each copy; and

(iii) give every copy to the carrier;

(b) the carrier shall complete Part C on each copy and give every copy to the consignor;

(c) the consignor shall—

(i) complete Part D on each copy;

(ii) where the hazardous waste producer or holder, as the case may be, is not the consignor, give one copy to him;

(iii) retain one copy; and

(iv) give every remaining copy to the carrier.

(3) The carrier shall ensure that every copy which he has received—

(a) travels with the consignment; and

(b) is given to the consignee on delivery of the consignment.

(4) Subject to regulation 42, on receiving the consignment the consignee shall—

(a) complete Part E on both copies; and

(b) give one copy to the carrier.

Section 37 Schedule of carriers

(1) This regulation applies in all cases (whether under regulation 36, or regulation 40) where more than one carrier transports, or is to transport, the consignment.

(2) Before the consignment is removed—

(a) the consignor shall-

(i) prepare a copy of the schedule of carriers for the hazardous waste producer or holder (where different from the consignor), the consignor, every carrier and the consignee; and

(ii) give every copy to the first carrier;

(b) the first carrier shall ensure that every copy he has received travels with the consignment;

(c) on delivery of the consignment to each subsequent carrier—

(i) the previous carrier shall give the subsequent carrier every copy of the schedule which he has received;

(ii) the subsequent carrier shall complete the relevant certificate on each copy, give one to the previous carrier who shall retain it, and ensure that every remaining copy which he has received travels with the consignment; and

(d) when the consignment is delivered to a consignee, the carrier shall retain one copy of the carriers schedule and give every remaining copy to the consignee.

(3) Where—

(a) arrangements for the transport of the consignment have not been made with all carriers intended to be involved before transport commences; or

(b) there is a change in any such arrangements after transport commences for any reason,

paragraph (2) applies as if the carrier in possession of the consignment when further arrangements are made, in the case of paragraph (a), or take effect, in the case of paragraph (b), were the consignor and the next carrier were the first carrier.

(4) Where this regulation applies, other than in the case of a rejected consignment of hazardous waste, regulation 36 has effect as if—

(a) a reference to the hazardous waste being removed includes reference to its possession being transferred to the next carrier;

(b) in paragraph (2)(a)(i), the reference to “the carrier” were a reference to “every carrier”;

(c) in paragraphs (2)(a)(iii), (2)(b) and (2)(c)(iv), the reference to “the carrier” were a reference to “the first carrier”;

(d) in paragraph (3)(b), in relation to a carrier who is not the final carrier, the reference to “the consignee” were a reference to “the subsequent carrier”; and

(e) in paragraph (4)(b), the reference to “the carrier” were a reference to “the final carrier”.

Section 38 Multiple collections

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Section 39 Removal of ships' wastes to reception facilities

(1) This regulation applies where hazardous waste is removed from a ship (including excesses or spillage from loading or unloading, which have been accidentally spilled on land adjacent to the ship) in a harbour area—

(a) to reception facilities provided within that harbour area; or

(b) by pipeline to any such facilities provided outside a harbour area.

(2) Before the waste is removed from the ship the master of the ship shall—

(a) prepare two copies of the consignment note;

(b) complete Parts A, B and D on each copy;

(c) retain one copy; and

(d) give one copy to the operator of the facilities.

(3) Subject to regulation 42, on receiving a consignment of hazardous waste the operator of the facilities shall complete Part E on the copy which he has received.

Section 40 Removal of ships' wastes other than to reception facilities

(1) This regulation applies where hazardous waste is removed from a ship in a harbour area other than in a case to which regulation 39 applies.

(2) Before the consignment is removed—

(a) the master of the ship shall—

(i) prepare three copies of the consignment note;

(ii) complete Parts A and B on each copy; and

(iii) give every copy to the carrier.

(b) the carrier shall complete Part C on each copy;

(c) the master of the ship shall—

(i) complete Part D on each copy;

(ii) retain one copy; and

(iii) give every remaining copy to the carrier;

(d) the carrier shall ensure that every copy which he has received—

(i) accompanies the consignment; and

(ii) is given to the consignee on delivery of the consignment.

(3) Subject to regulation 42, on receiving the consignment the consignee shall—

(a) complete Part E on both copies; and

(b) give one copy to the carrier.

Section 41 Removal of wastes by pipeline

(1) This regulation applies where hazardous waste is removed from any premises (other than a ship) on which it is produced or stored by pipeline.

(2) Before the waste is piped, and, where the piping is continuous, at the commencement of each quarter, the producer, or holder, as the case may be, shall—

(a) prepare one copy of the consignment note for each of the following: the producer or holder, as the case may be, where different from the consignor, the consignor and the consignee;

(b) complete Parts A, B and D on each copy, provided that in Part B3 the average flow rate shall be recorded, together with an estimate of the total volume of waste to be piped per week or calendar month.

(3) The consignee shall complete Part E on each copy with the following modifications—

(a) in Part E1, the reference to the date on which the waste was received shall be taken to be a reference to the last date on which waste was received by the consignee pursuant to that consignment note; and

(b) in Part E2, the particulars of the vehicle registration are not required.

(4) The consignee shall retain one copy and ensure that a copy is given to the consignor, and to the hazardous waste producer or holder, where different from the consignor.

Section 42 Duty of consignee not accepting delivery

(1) This regulation and regulation 43 apply where the consignee does not accept delivery of a consignment of hazardous waste, whether wholly or in part.

(2) The requirements of regulation 36(4), ... 39(3) or 40(3) (which relate to the duties of the consignee on acceptance of the consignment) as the case may be, do not apply to the consignee in respect of a consignment, or part thereof, which has been rejected.

(3) If copies of the consignment note relating to a rejected consignment have been given to the consignee he shall—

(a) indicate, in the part headed “consignee’s certificate” of each copy that he receives that he does not accept the consignment, or part of the consignment, as the case may be, and the reasons why he does not accept the consignment or part;

(b) retain one copy;

(c) give one 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, where known).

(4) If no copy of the consignment note has been given to the consignee he shall—

(a) prepare a written explanation of his reasons for not accepting delivery, including such details of the consignment, the hazardous waste producer or holder, the consignor and the carrier as are known to him;

(b) give such written explanation to the carrier;

(c) as soon as reasonably practicable, send one copy to the consignor, and (if different from the consignor) the producer or holder, where known; and

(d) retain a copy of his written explanation.

(5) On being informed that the consignee will not accept delivery of the consignment or part, the carrier shall—

(a) inform the Agency;

(b) seek instructions from the hazardous waste producer or holder; and

(c) take all reasonable steps to ensure those instructions are fulfilled (including completing any consignment note on their behalf).

(6) It is the duty of the hazardous waste producer or holder identified in the relevant part of the consignment note, as the case may be, to—

(a) make arrangements as soon as reasonably practicable for the transfer of the rejected consignment or part to another specified consignee who holds a waste permit or carries on an exempt waste operation for the recovery or disposal of the waste; and

(b) forthwith—

(i) give instructions to the carrier accordingly; and

(ii) inform the Agency of the arrangements and instructions.

(7) If in any case within paragraph (6)(a) no alternative consignee can be found within 5 business days, the hazardous waste producer or holder identified in the relevant part of the consignment note shall make arrangements to return the waste to premises from which it was removed for its storage in accordance with the Waste Directive conditions until a suitable consignee can be found.

(8) In this regulation, “exempt waste operation” has the meaning given in regulation 5 of the Environmental Permitting Regulations .

Section 43 Further consignment note for rejected consignment

(1) This regulation applies to the removal of any consignment following rejection by the consignee ....

(2) Before the consignment or part is moved from the original place for delivery, the hazardous waste producer or holder identified in the relevant part of the original consignment note shall ensure that a copy of a new consignment note is prepared in respect of the rejected consignment or part for each of the following—

(a) the hazardous waste producer;

(b) where the hazardous waste producer or holder is not the consignor, the consignor;

(c) the carrier; and

(d) the new consignee.

(3) The producer or holder shall—

(a) complete Parts A and B on each copy of the note as follows—

(i) the information required to complete Part A should be copied from the original consignment note, including the relevant consignment code to which the letter “R” shall be added to the end;

(ii) the new consignee's name and address (including the postcode) shall be entered in Part A4; and

(iii) subject to paragraph (4), the relevant information from the original consignment note shall (where part of the load is rejected, in so far as it relates to that part) be copied to Part B; and

(b) give every copy to the carrier.

(4) Where the consignee who rejected the consignment or part states in his written explanation that the description of the waste in the original consignment note is incorrect, the producer or holder shall instead include an accurate description of the waste in the new consignment note.

(5) The carrier shall complete Part C on each copy.

(6) The producer or holder identified in the relevant part of the original consignment note shall—

(a) complete Part D on each copy;

(b) where the producer or holder is not the consignor, give one copy to the producer or holder as the case may be; and

(c) give every remaining copy to the carrier.

(7) The carrier shall ensure that every copy of the new consignment note which he has received—

(a) travels with the rejected consignment or part; and

(b) is given to the new consignee on delivery of the consignment or part.

(8) The new consignee shall—

(a) complete Part E on both copies of the new consignment note; and

(b) give one copy to the carrier.

(9) Where there is to be more than one carrier—

(a) in paragraphs (3)(b), (5) and (6)(c), references to the carrier shall be treated as references to the first carrier;

(b) in paragraphs (2)(c) and (7) references to the carrier shall be treated as references to each carrier;

(c) in paragraph (7)(b), in relation to a carrier who is not the final carrier, the reference to “the new consignee” shall be treated as a reference to “the subsequent carrier”; and

(d) in paragraph (8)(b) the reference to the carrier shall be treated as a reference to the final carrier.

Section 44 Procedure for rejected multiple collection consignments

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Section 45 Duty to deliver consignment promptly

It is the duty of the carrier to deliver the consignment to the consignee promptly and without undue delay.

Section 46 Cross border movement of hazardous waste

Schedule 7 has effect in connection with the mutual recognition of consignment notes and the cross border movement of hazardous waste between England and Wales, Scotland, Northern Ireland and Gibraltar.

Section 47 Records of tipped (discharged) hazardous waste

(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; ...

(c) subject 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.

(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 the Landfill Directive , but does not include any operation excluded from the scope of that Directive by Article 3(2) or (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.