The Hazardous Waste (England and Wales) (Amendment) Regulations 2009

• Citation: S.I. 2009/507
• Sections: 16

Section 1 Citation, application and commencement

These Regulations—

(a) may be cited as the Hazardous Waste (England and Wales) (Amendment) Regulations 2009;

(b) apply in England; and

(c) come into force on 6th April 2009.

Section 2 Amendment to the Hazardous Waste (England and Wales) Regulations 2005

The Hazardous Waste (England and Wales) Regulations 2005 are amended as follows.

Section 3 Amendment of regulation 5 (general interpretation)

In regulation 5(1), for the definition of “premises”, substitute—

“premises” includes land and any ship and any other means of transport from which a mobile service is operated;

Section 4 Amendment of regulation 12 (general application of Parts 4 to 11)

For regulation 12(2), substitute—

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

Section 5 Replacement of regulation 13 (asbestos waste)

For regulation 13, substitute—

Asbestos waste

(13)

(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 6 Replacement of regulation 14 (separately collected domestic fractions)

For regulation 14, substitute—

Separated domestic fractions

(14)

(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 7 Insertion of regulation 14A (hazardous waste produced at shop premises)

After regulation 14, insert—

Hazardous waste produced at shop premises

(14A)

(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 8 Amendment of regulation 21 (requirement to notify premises)

In regulation 21(1), after “produced at,”, insert “collected at,”.

Section 9 Replacement of regulation 23 (exemption from requirement to notify)

For regulation 23, substitute—

Exemption from the requirement to notify

(23)

(1) Exempt premises need not be notified to the Agency pursuant to this Part.

(2) In these Regulations, premises are exempt premises if they comply with the condition in paragraph (3) and with either of the conditions in paragraphs (4) and (5).

(3) The condition in this paragraph is that no hazardous waste is removed from the premises by any person other than—

(a) a carrier registered under the Control of Pollution (Amendment) Act 1989 ; or

(b) a carrier exempt from the requirement to register under that Act.

(4) The condition in this paragraph is that the premises are a ship.

(5) The condition in this paragraph is that the qualifying limitation applies.

Section 10 Amendment of regulation 26 (common provisions on notifications)

For regulation 26(8), substitute—

(8) The Agency must inform on request a person who is the holder of hazardous waste or who carries on the business of consigning or collecting hazardous waste whether any premises from which that person proposes to remove, cause to be removed or transport any hazardous waste are notified premises, and if so, the particulars held by the Agency concerning—

(a) the address of the premises, including the postcode;

(b) the premises code;

(c) the name of the holder of the premises code; and

(d) the date of expiry of the premises code, being the end of the period of notification.

Section 11 Replacement of regulation 30 (the qualifying limitation)

For regulation 30, substitute—

The qualifying limitation

(30)

(1) The qualifying limitation for—

(a) a mobile service is that the total aggregated quantity of hazardous waste produced at, collected at, or removed from any one set of related premises in the course of that service is less than 500kg in any period of twelve months; and

(b) any exempt premises is that the total aggregated quantity of hazardous waste produced at, collected at, or removed from the premises is less than 500kg in any period of twelve months.

(2) When calculating the total aggregated quantity, a given quantity of hazardous waste must not be counted against more than one of the activities in paragraph (1)(a) or (b).

Section 12 Amendment of regulation 32 (general interpretation of Part 5)

In regulation 32—

(a) omit the following definitions—

“the 1963 Act”,

“office premises”,

“registered carrier”,

“shop premises”, and

“waste electrical and electronic equipment”; and

after the definition of “period of notification”, insert—

“premises code” has the meaning given by regulation 27(1);

“qualifying limitation” has the meaning given by regulation 30;

Section 13 Amendment of regulation 42 (duty of consignee not accepting delivery)

In regulation 42—

(a) in paragraph (3)(a), for “indicate on Part E”, substitute “indicate, in the part headed “consignee’s certificate””;

(b) in paragraph (6)(a), for “is entitled to carry on a registered exemption in respect of”, substitute “carries on an exempt waste operation for”; and

(c) after paragraph (7), insert—

(8) In this regulation, “exempt waste operation” has the meaning given in regulation 5 of the Environmental Permitting (England and Wales) Regulations 2007 .

Section 14 Amendment of regulation 48 (records of disposal or recovery of hazardous waste by other means)

For regulation 48(3)(c), substitute—

(c) the disposal or recovery method in respect of the waste by reference to the numbering and description applicable in accordance with Annex IIA or IIB of the Waste Directive; and

Section 15 Amendment of regulation 49 (producers’, holders’ and consignors’ records)

In regulation 49(1), after the words “where different from the producer”, insert “or holder”.

Section 16 Amendment of regulation 70 (fixed penalties)

In regulation 70(10), for “(8)”, substitute “(9)”.