Statutory Instrument No. 972

The Special Waste Regulations 1996 

Made

28th March 1996

 

Laid before Parliament

1st April 1996

 

Coming into force

1st September 1996

 

 

This Document contains amendments made by the following:

 

 

From the Special Waste (Scotland) Regulations 1997 SI 257

 

(1) This regulation applies in relation to waste defined as special waste under regulation 2 of the Special Waste Regulations 1996[2] which was not so defined under regulation 2 of the Control of Pollution (Special Waste) Regulations 1980[3] ("waste now defined as special waste").

(2) A persons treated as technically competent for the purposes of section 74(3)(b) of the Environmental Protection Act 1990 pursuant to regulation 2(2) of the Waste Management Licensing (Scotland) Regulations 1996[4] shall also be treated as technically competent for the purposes of operations concerning waste now defined as special waste.

 

(3) Subject to the condition in paragraph (4) below, a person treated as technically competent for the purposes of section 74(3)(b) of the Environmental Protection Act 1990 pursuant to regulation 2(1) and 2(3) of the Waste Management Licensing (Scotland) Regulations 1996 shall also be treated as technically competent for the purpose of operations concerning waste now defined as special waste.


(4) The condition referred to in paragraph (3) above is that before 1st September 1997 the person applies to the Waste Management Industry Training and Advisory Board for a certificate of technical competence at level 4 in respect of special waste.

 

 

THESE REGULATIONS ARE REVOKED [ENGLAND ONLY]

 

Where a consignment has been removed from premises before these Regulations come into force, and a consignment note has been raised in relation to that consignment under the 1996 Regulations, then - 

(a) for a period of 72 hours after 16th July 2005 - 

(i) the 1996 Regulations shall continue to apply in all other respects to that consignment;
(ii) the provisions of these Regulations (other than regulation 62 (general duties on the holder in the event of an emergency or grave danger)) shall not apply to that consignment during that period;

 

(b) thereafter - 

(i) the Hazardous Waste (England and Wales) Regulations 2005 shall apply to that consignment except that the requirement to make a consignee quarterly return in relation to that consignment pursuant to regulation 53 shall not arise; and
(ii) the requirement on the consignee to send a copy of the consignment note sent to the Agency shall continue to apply in relation to any consignment sent pursuant to the 1996 Regulations.

 

The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, being Ministers designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to the regulation and control of the transit, import and export of waste (including recyclable materials), the prevention, reduction and elimination of pollution caused by waste and the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred upon them by section 2(2) of that Act, sections 3(1), 17, 30(4) and (5) and 104(1) of the Control of Pollution Act 1974[3], sections 33(3), 34(5), 62(1) to (3), 74(6), 75(8) and 78 of the Environmental Protection Act 1990[4] (having, in particular, had regard in exercising their powers under section 33(3) of that Act to the matters specified in section 33(4) of that Act) and of all other powers enabling them in that behalf, hereby make the following Regulations:

 

Citation, commencement, extent, application and interpretation
    

1.—(1) These Regulations may be cited as the Special Waste Regulations 1996 and shall come into force on 1st September 1996.

(2)  These Regulations do not extend to Northern Ireland.

(3)  These Regulations do not apply in relation to any special waste in respect of which, in accordance with regulation 26 below, the Control of Pollution (Special Waste) Regulations 1980[5] continue to have effect.

(4)  In these Regulations, unless the context otherwise requires—

 

"the 1990 Act" means the Environmental Protection Act 1990;

 

"the 1994 Regulations" means the Waste Management Licensing Regulations 1994[6];

 

"Agency" means

(a) in relation to places, premises and sites in England and Wales, the Environment Agency established by section 1 of the Environment Act 1995[7]; and

(b) in relation to places, premises and sites in Scotland, the Scottish Environment Protection Agency established by section 20 of that Act;

 

"the approved classification and labelling guide" means the document entitled

 

"Approved guide to the classification and labelling of substances and preparations dangerous for supply (Second edition) (Third edition) (1996 SI 2019) (Fourth edition) (2001 SI 3148 and 2001 SI 3545 – England and Wales) approved by the Health and Safety Commission on 18th October 1994 24th January 1996 (1996 SI 2019) 12th October 1999 (2001 SI 3148 and 2001 SI 3545 – England and Wales)  for the purposes of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994[9];

 

"the approved supply list" means the document entitled "Approved Supply List (2nd Edition) (6th Edition) (2001 SI 3148 and 2001 SI 3545 - England and Wales) —Information approved for the classification and labelling of substances and preparations dangerous for supply"[10] approved by the Health and Safety Commission on 18th October 1994 15th August 2000 (2001 SI 3148 and 2001 SI 3545 – England and Wales) for the purposes of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;

 

"carrier", in relation to a consignment of special waste, means the person who collects that waste from the premises at which it is being held and transports it to another place;

 

"carrier’s round" in relation to consignments of special waste, means a journey made by a carrier during which he collects more than one consignment of special waste and transports all consignments collected to the same consignee who is specified in the consignment note;

 

"carrier’s schedule" means a schedule prepared in accordance with regulation 8;

 

"consignee", in relation to a consignment of special waste, means the person to whom that waste is to be transported;

 

"consignment note", in relation to a consignment of special waste, means a note in a form corresponding to the form set out in Schedule 1 to these Regulations, or in a form substantially to the like effect, and giving at any time the details required by these Regulations to be shown in respect of that consignment (including, where the consignment is one in a succession of consignments, any details required to be shown in respect of other consignments in the succession);

 

"consignor", in relation to a consignment of special waste, means the person who causes that waste to be removed from the premises at which it is being held;

 

"controlled waste" has the same meaning as in Part II of the 1990 Act[11];

 

"conveyance" includes a vehicle designed to carry goods by road or rail and a vessel designed to carry goods by water;

 

"harbour area" has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987[12];

 

"the Hazardous Waste Directive" means Council Directive 91/689/EEC on hazardous waste, as amended by Council Directive 94/31/EC[13];

 

"household waste" has the same meaning as it has for the purposes of subsection (2) of section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste) of the 1990 Act[14]; (amended by 1996 SI 2019)

“household waste" means waste which is household waste for the purposes of Part II of the 1990 Act[6] or which is treated as household waste for those purposes by virtue of regulation 2(1) of the Controlled Waste Regulations 1992[7], other than—

 

(a) asbestos;

(b) waste from a laboratory;

(c) waste from a hospital, other than waste from a self-contained part of a hospital which is used wholly for the purposes of living accommodation;

 

(Text below inserted by 2004 SSI 112 – Scotland only – footnotes removed)

 

“European Waste Catalogue" means the list of wastes pursuant to Article 1(a) of the Waste Directive and Article 1(4) of the Hazardous Waste Directive set out in Commission Decision 2000/532/EC

 

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

 

"producer" means any person whose activities produce waste ("original producer") and/or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;

 

"the Waste Directive" means Council Directive 75/442/EEC on waste;

 

"waste" means anything that-

(i) is waste for the purposes of the Waste Directive; and
(ii) is not excluded from the scope of that Directive by Article 2 of that Directive

 

"premises" includes any ship;

 

"relevant code", in relation to a consignment note or carrier’s schedule, means the code assigned in accordance with regulation 4 to the consignment of special waste to which the consignment note or carrier’s schedule relates or, where the consignment is one in a carrier’s round, to the consignments in that round;

 

"risk phrase" means the risk phrase shown under Part III of the approved supply list;

 

"ship" means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform;

 

"special waste" has the meaning given by regulation 2 of these Regulations; and

"waste management licence" has the meaning given by section 35(1) of the 1990 Act[15].

 

5) Other words and expressions used in these Regulations and which are used in the Waste Directive or the Hazardous Waste Directive have the same meaning as in the Waste Directive or the Hazardous Waste Directive, as the case may be (inserted by SSI 2004 112 – Scotland only)

 

Meaning of special waste(as amended by 1996 SI 2019)

 

Meaning of special waste

2.—(1) Any controlled waste, other than household waste,—

 

(a) to which a six-digit code is assigned in the list set out in Part I of Schedule 2 to these Regulations (which reproduces the list of hazardous waste annexed to Council Decision 94/904/EC[8] establishing a list of hazardous waste pursuant to Article 1(4) of the Hazardous Waste Directive); and

(b) which displays any of the properties specified in Part II of that Schedule (which reproduces Annex III to the Hazardous Waste Directive),

 

is special waste.

         

(2)  Any other controlled waste, other than household waste, which—

 

(a) displays the property H3-A (first indent), H4, H5, H6, H7 or H8 specified in Part II of Schedule 2 to these Regulations; or

(b) is a medicinal product, as defined in section 130 of the Medicines Act 1968[9] (meaning of "medicinal product" etc.), of a description, or falling within a class, specified in an order under section 58 of that Act[10] (medicinal products on prescription only),

 

is special waste.

(3)  For the purposes of paragraphs (1) and (2) waste shall be treated as displaying none of the properties H4 to H8 specified in Part II of Schedule 2 to these Regulations if it satisfies none of the criteria set out in Part III of that Schedule.

(4)  Part IV of Schedule 2 to these Regulations (which contains rules for the interpretation of that Schedule) shall have effect."

 

(Regulation 2 replaced by SSI 2004 112 – Scotland only)

 

2. Special waste" means any waste which is hazardous waste as defined by Article 1(4) of the Hazardous Waste Directive

 

2A. Except as provided in regulation 2B (domestic asbestos waste), these Regulations do not apply to special waste which is domestic waste.

 

Domestic Asbestos Waste

2B.  - (1) Subject to paragraphs (2) to (3), these Regulations apply to special waste which is domestic asbestos waste, except in so far as they would, apart from this paragraph, impose obligations on a person to whom paragraph (2) applies.

(2) This paragraph applies to a person who is both the original producer of the domestic waste and who is either-

(a) a person who resides at the domestic premises at which the asbestos waste arises; or
(b) a person who is acting on behalf of such a person without reward.

(3) In the application of these Regulations to asbestos waste-

(a) not being domestic waste; and
(b) produced in the course of any of the activities of construction, modification, repair and maintenance (including structural works) or demolition of domestic premises or any part thereof,

these Regulations operate in relation to a domestic occupier who has engaged any person, other than a person mentioned in paragraph (2)(b), for the carrying out of any such activity so as to treat that person as the producer of the asbestos waste to the exclusion of the occupier.

Certain radioactive waste to be special waste

 

3.    Section 62 (special provision with respect to certain dangerous and intractable waste) of the 1990 Act[20] shall have effect, without modification, so as to empower the Secretary of State to make provision for waste which would be controlled waste but for the fact that it is radioactive waste within the meaning of the Radioactive Substances Act 1993[21]; and paragraphs (1) and (2) of regulation 2 regulations 2 to 2B - SSI 2004 112 – Scotland only shall apply to any such waste as if it were controlled waste.

 

Coding of consignments (as amended by 1996 SI 2019)
    

4.—(1)  Subject to paragraph (3), an Agency shall assign or supply forthwith to any person, on request, for the purpose of assigning to a consignment of special waste or, where the consignment is one in a carrier’s round, to the consignments in that round, a code unique to that consignment or round, as the case may be.

(2)  A code assigned or supplied in accordance with paragraph (1) may consist of letters, numbers or symbols, or any combination of letters, numbers and symbols, or a bar code which enables the consignment or carrier’s round, as the case may be, to be identified electronically.

 

(3)  The Agency need not assign or supply a code for a consignment or round until any fee required in respect of it under regulation 14(1) has been paid.

 

(for Scotland only – SSI 2004 112) Packaging and labelling of special waste

4A. In the course of its collection, transport and temporary storage, the consignor shall ensure that special waste is properly packaged and labelled in accordance with the relevant provisions of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996.

 

Consignment notes: standard procedure
    

5.—(1)  Except in a case to which regulation 6, 8 or 9 applies, this regulation applies where a consignment of special waste is to be removed from the premises at which it is being held.

(2)  Before the consignment is removed—

 

(a) five copies of the consignment note shall be prepared, and, on each copy, Parts A and B shall be completed and the relevant code entered;

(a) five copies of the consignment note shall be prepared, and, on each copy, Parts A and B shall be completed, and there shall be entered on the consignment note-

(i) the relevant code;
(ii) the six digit code assigned to the waste in the European Waste Catalogue; and
(iii) the postcode of the producer of the waste (new Regulation 5(2)(a) 2004 SSI 112 – Scotland only)

(b) the consignor shall ensure that one of those copies (on which Parts A and B have been completed and the relevant code entered) is furnished to the Agency for the place to which the consignment is to be transported;

 

(c) the carrier shall complete Part C on each of the four remaining copies; and

 

(d) the consignor—

 

(i) shall complete Part D on each of those copies;

(ii) shall retain one copy (on which Parts A to D have been completed and the relevant code entered); and

(iii) shall give the three remaining copies (on which Parts A to D have been completed and the relevant code entered) to the carrier.

 

(3)  The carrier shall ensure that the copies which he has received—

 

(a) travel with the consignment; and

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


(4)  Subject to regulation 10, on receiving the consignment the consignee shall—

 

(a) complete Part E on the three copies of the consignment note given to him;

(b) retain one copy;

(c) give one copy to the carrier; and

(d) forthwith furnish one copy to the Agency for the place to which the consignment has been transported.

 

(5)  The carrier shall retain the copy of the consignment note given to him by the consignee.

 

Consignment notes: cases in which pre-notification is not required
    

6.—(1)  For the purposes of regulation 7, except in a case to which regulation 8 applies, this regulation applies—

 

(a) subject to paragraph (2)(a), to the removal, from the premises at which it is being held, of each of the second and any subsequent consignment of special waste in a succession of consignments of special waste,

 

(b) subject to paragraph (2)(b), to the removal as a consignment of special waste of a product or material for the purposes of the return by the person to whom the product or material had been supplied to the person who supplied it to him or who manufactured it,

 

(c) subject to paragraph (2)(c), to the removal of a consignment of special waste where the consignor and the consignee are bodies corporate belonging to the same group,

 

(d) to the removal from a ship in a harbour area of a consignment of special waste to a conveyance for transportation to a place outside that area, and

 

(e) to the removal of a consignment of special waste which consists entirely of lead acid motor vehicle motor vehicle (2001 SI 3148 and 2001 SI 3545 – England and Wales) batteries.

 

(2)  This regulation does not apply unless—

 

(a) in the case mentioned in paragraph (1)(a), in respect of each consignment—

 

(i) the waste is of the same description as the waste in the first of the consignments in the succession;

(ii) the consignor is the same person;

(iii) the consignee is the same person;

(iv) the premises from which the consignment is removed are the same;

(v) the place to which the consignment is transported is the same; and

(vi) the removal of the consignment takes place within one year of the removal of the first consignment in the succession;

 

(b) in the case mentioned in paragraph (1)(b), the person to whom the product or material was supplied is satisfied that, as supplied, the product or material fails to meet any specification which he expected it to meet;

 

(c) in the case mentioned in paragraph (1)(c), the removal is for the purposes of an operation within either paragraph 15 of Part III, or paragraph 13 of Part IV, of Schedule 4 to the 1994 Regulations, and the consignee either—

 

(i) is the holder of a waste management licence which authorises the relevant operation; or

(ii) carries on any activity to which section 33(1)(a) and (b) of the 1990 Act[22] does not apply by virtue of regulation 16 or 17 of the 1994 Regulations.


(3)  In paragraph (1)(c) "group", in relation to a body corporate, means that body corporate, any other body corporate which is its holding company or subsidiary and any other body corporate which is a subsidiary of that holding company; and for these purposes—

 

"body corporate" does not include a corporation sole or a Scottish partnership, but includes a company incorporated elsewhere than in Great Britain; and

 

"holding company" and "subsidiary" have the meaning given by section 736 of the Companies Act 1985[23].

 

Consignment notes: procedure where pre-notification is not required
    

7.    Paragraph (2), with the exception of sub-paragraph (b), and paragraphs (3) to (5) of regulation 5 shall apply in cases to which regulation 6 applies as if—

 

(a) "four" were substituted for "five" in sub-paragraph (a) of paragraph (2);

 

(aa) references to the relevant code in regulation 5(2)(a) were references, in relation to the case mentioned in regulation 6(1)(a), to the relevant code and the code for the first consignment in that succession; (2001 SI 3148 and 2001 SI 3545 – England and Wales)

 

(b) references to the consignor were references—

 

(i) in relation to the case mentioned in regulation 6(1)(b), to the person to whom the product or material was supplied; and

(ii) in relation to the case mentioned in regulation 6(1)(d), to the master of the ship; and

 

(c) references to the consignee were references, in relation to the case mentioned in regulation 6(1)(b), to the person to whom the product or material is to be returned.

 

Consignment notes: carrier’s rounds
    

8.—(1)  This regulation applies to a carrier’s round or to a succession of such rounds by the same carrier starting and ending within a twelve month period in respect of which:

 

(a) every consignor is a person specified in the consignment note or in the schedule prepared in accordance with paragraph (2)(b)(iii) or whose particulars are notified in writing to the Agency not less than 72 hours before the removal of the first waste on the carrier’s round;

 

(b) the premises from which the special waste is removed are:

 

(i) specified in the consignment note or in the schedule prepared in accordance with paragraph (2)(b)(iii) or notified in writing to the Agency not less than 72 hours before the removal of the first waste on the carrier’s round; and

(ii) so located that the Agency for each of those premises is the same;

 

(c) the special waste is of a description specified in the consignment note; and

 

(d)  in the case of a single round other than a round that satisfies the requirements of regulation 14(2)(a), the time between the collection of the first consignment and delivery to the consignee is no more than 24 72 (2001 SI 3148 and 2001 SI 3545 – England and Wales) hours.


(2)  Before the first removal of waste, the carrier shall,

 

(a) on any carrier’s round which is not in a succession or on the first round in such a succession, ensure that

 

(i) Parts A and B of the consignment note are completed and that the relevant code is entered;

(ii)  except where the special waste to be collected on the carrier's round consists entirely of lead acid motor vehicle (motor vehicle 2001 SI 3148 and 2001 SI 3545 – England and Wales) batteries, one copy of the consignment note is furnished to the Agency for the place to which the special waste is to be transported; (1996 SI 2019)

 

(b) on every round—

 

(i)  prepare four three copies of the consignment note in addition to one copy for each consignor from whom waste is to be collected during the round; (1996 SI 2019)

(ii) , complete on those copies Parts A and B, the carrier’s particulars and particulars of transport in Part C, the code assigned or supplied under regulation 4 in respect of the round and, if it is a second or subsequent round, the code in respect of the first round; and

(iii) ensure that four copies of a schedule are prepared in the form set out in Part II of Schedule 1 to these Regulations, or in a form substantially to the like effect, in addition to one consignor’s copy for each site from which waste is to be collected during that round.

 

(2A)   In a case where waste of more than one description is specified in the consignment note, either—

 

(a) the schedule referred to in paragraph (2)(b)(iii) shall contain a separate entry for each description of waste to be collected from each consignor showing the description of waste to which that entry relates; or

(b) each entry in the schedule shall show the different descriptions of the waste to be collected and, for each such description, the quantity of the waste to be collected

(1996 SI 2019)

 

(3)   The consignor shall, before the removal of waste from a site, complete on all the copies and includes a record of the time at which it is completed that part of the schedule indicated on it as for completion by him. (1996 SI 2019)

(4)  The carrier shall ensure, before the removal of the waste, that—

 

(a) the part of the schedule indicated on it as for completion by him is completed on all the copies; and

(b) he has all copies of the schedule (on which the part to be completed by the consignor has been completed) except the copy to be retained by the consignor under paragraph (5).


(5)  The consignor shall retain in respect of each site one copy of the consignment note and of that part of the schedule on which the parts to be completed by him and by the carrier have been completed.

 

(5A)  Before the removal of the last consignment of waste on the carrier's round, the carrier shall complete Part C on the three copies of the consignment note retained by him (1996 SI 2019)

(6)  The carrier shall ensure that the copies of the consignment note and of the schedule which he has received—

 

(a) are completed with respect to that round;

 

(b) (a) travel with the waste to which they refer; (1996 SI 2019)

(c) (b) are given to the consignee on delivery of the waste. (1996 SI 2019)


(7)  Subject to regulation 10, on receiving the waste collected on each round, the consignee shall—

 

(a) complete Part E on the three copies of the consignment note given to him;

(b) retain one copy of the consignment note and one copy of the schedule;

(c) give to the carrier a copy of the consignment note and a copy of the schedule; and

(d) forthwith furnish to the Agency for the place to which the consignment has been transported one copy of the consignment note and one copy of the schedule.

    

(8)  The carrier shall retain the copies given to him in accordance with paragraph (7)(c).

 

Consignment notes: removal of ships’ waste to reception facilities
    

9.—(1)  This regulation applies where special waste is removed from a ship in a harbour area to—

 

(a) 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—

 

(a) three copies of the consignment note shall be prepared and Parts A and B shall be completed and the relevant code entered on each of those copies;

(b) the operator of the facilities shall complete Part C on each of those copies; and

(c) the master of the ship—

(i) shall ensure that Part D is completed on each of those copies;

(ii) shall retain one copy (on which Parts A to D have been completed); and

(iii) shall give the two remaining copies (on which Parts A to D have been completed) to the operator of the facilities.

 

(3)  On receiving a consignment of special waste the operator of the facilities shall—

 

(a) complete Part E on the copies of the consignment note which he has received;

(b) retain one copy; and

(c) forthwith furnish the other copy to the Agency for the place where the facilities are situated.

 

Consignment notes etc.: duty of consignee not accepting delivery of a consignment
    

10.—(1)  This regulation applies where the consignee does not accept delivery of a consignment of special waste.

(2)  In a case to which this regulation applies the requirements of regulation 5(4) (including that paragraph as applied in cases to which regulation 6 applies) or 8(7), as the case may be, shall not apply to the consignee.

(3)  If, in a case to which this regulation applies, copies of the consignment note have been given to the consignee he shall—

(a) indicate on Part E of each copy that he does not accept the consignment and the reasons why he does not accept the consignment;

(b) retain one copy;

(c)  ensure that one copy, accompanied by one copy of any carrier’s schedule given to him in accordance with regulation 8 (annotated to show which consignment is not accepted - 2001 SI 3148 and 2001 SI 3545 – England and Wales), are furnished forthwith to the Agency for the place to which the special waste has been transported; and

(d) ensure that the other copy is returned to the carrier forthwith.


(4)  If, in a case to which this regulation applies, no copies of the consignment note have been given to the consignee he shall ensure that a written explanation of his reasons for not accepting delivery, including such details of the consignment and of the carrier as are known to him, is furnished forthwith to the Agency for the place to which the special waste has been transported.

(5)  In a case to which this regulation applies—

 

(a) on being informed that the consignee will not accept delivery of the consignment, the carrier shall inform the Agency and seek instructions from the consignor;

(b) the consignor shall forthwith inform the carrier and the Agency of his intentions as regards the consignment; and

(c) the carrier shall take all reasonable steps to ensure that the consignor’s intentions are fulfilled.

 

(6)  For the purposes of paragraph (5), the consignor may propose one of the following, namely—

(a) the delivery of the consignment to the premises from which it had been collected;

(b) the delivery of the consignment to the premises at which it had been produced;

(c) the delivery of the consignment to other specified premises in respect of which there is held any waste management licence necessary to authorise the receipt of the waste.

 

Consignment notes: requirement for a new consignment note – 2001 SI 3148 and 2001 SI 3545 – England and Wales

10A  - (1) This regulation applies where, in accordance with regulation 10(6)(c), a consignor proposes that a consignment be delivered to other specified premises in respect of which there is held any waste management licence necessary to authorise receipt of the waste.

(2) Before the consignment is delivered to those premises - 

(a) four copies of a new consignment note shall be prepared and

(i) on each copy Parts A and B shall be completed and the relevant code (including the previous code) shall be entered;
(ii) to each copy shall be attached a copy of any relevant previous carrier's schedule, annotated to show which consignment was not accepted;

 

(b) the carrier shall complete Part C on each of those copies;

(c) the consignor, subject to paragraph (3) below - 

(i) shall complete Part D on each of those copies;
(ii) shall retain one copy (on which Parts A to D have been completed and the relevant codes entered); and
(iii) shall give the three remaining copies (on which Parts A to D have been completed and the relevant codes entered) to the carrier.

 

(3) The carrier may, where he has received written instructions from the consignor to that effect, complete Part D of each of the copies of the consignment note on behalf of the consignor, and where he does so he shall send to the consignor the consignor's copy (on which Parts A to D have been completed and the relevant codes entered).

 

(4) The carrier shall ensure that the three copies of the consignment note which he has received (or, if paragraph (3) applies, retained) - 

(a) travel with the consignment; and
(b) are given to the consignee on delivery of the consignment.

 

(5) Subject to regulation 10, on receiving the consignment the consignee shall - 

(a) complete Part E on all copies of the consignment note given to him;
(b) retain one copy;
(c) give one copy to the carrier; and
(d) forthwith furnish one copy to the Agency for the place to which the consignment has been transported.

 

(6) The carrier shall retain the copy of the consignment note given to him by the consignee.

 

Consignment notes: duties of the Agencies
    

11.—(1)  Subject to paragraph (2), where—

 

(a) an Agency ("the receiving Agency") has been furnished with a copy of a consignment note under regulation 5, 7, 8, 9 or 10 or with a copy of the explanation under regulation 10(4); and

(b) the other Agency is the Agency for the premises from which the special waste was removed,

 

the receiving Agency shall, within two weeks of receipt, send to the other Agency one copy of the consignment note or explanation as the case may be.

(2)  Where copies have been furnished—

(a) under regulation 7 in a case to which regulation 6 applies by virtue of paragraph (1)(d) of that regulation, or

(b) under regulation 9(3)(c),

paragraph (1) shall have effect as if the reference to the premises from which the special waste was removed were a reference to the harbour area in which the special waste was removed from the ship.

 

Consignment notes: provisions as to furnishing
    

12.—(1)  Subject to paragraphs (2), (3) and (6), a copy of a consignment note required by regulation 5 or 8 to be furnished to an Agency must be furnished not more than one month and not less than 72 hours before the removal of the consignment.

(2)  Subject to paragraphs (3) and (6), a copy of a consignment note required to be furnished by regulation 8(2)(a)(ii) shall be furnished not less than 72 hours before the removal of the first consignment to which the consignment note relates.

(3)  The copy of the consignment note mentioned in paragraphs (1) and (2) may be furnished to the Agency within 72 hours before the removal where—

 

(a) the consignment is to be delivered to other specified premises pursuant to a proposal under regulation 10(6)(c);

(b) the consignment cannot lawfully remain where it is for 72 hours.

 

(4)  The requirements of paragraphs (1) and (2) shall be treated as satisfied if—

 

(a) a facsimile of the copy is furnished to the Agency by telephonic, electronic or other similar means of transmission in compliance with the time limits set out in those paragraphs, and

(b) the copy is furnished to the Agency before or, in accordance with paragraph (5) below, forthwith upon removal of the consignment.

 

(5)  A copy of a consignment note or a written explanation of reasons for refusing to accept delivery of any special waste is furnished to an Agency in accordance with this paragraph if it, and any document required to be furnished with it, is—

 

(a) delivered to the Agency, or

(b) posted to the Agency by pre-paid first class post,

within one day of the receipt, removal or refusal to accept delivery of the special waste in question, as the case may be.

(6)  In reckoning any period of hours for the purposes of paragraphs (1), (2) and (3), the hours of any Saturday, Sunday, Good Friday, Christmas Day, bank holiday or other public holiday shall be disregarded.

 

Consignment notes: importers and exporters
    

13.—(1)  Subject to paragraphs (3) and (4), regulations 5 to 12 shall apply to special waste imported into Great Britain from Northern Ireland or Gibraltar as if—

 

(a) any reference to the consignor were a reference to the person importing the special waste;

(b) any reference to the premises at which the special waste is being held and from which it is removed were a reference to the place where it first enters Great Britain; and

(c) the special waste is removed from that place at the time when it first enters Great Britain.

 

(2)  Subject to paragraph (4), these Regulations shall apply to special waste exported from Great Britain to Northern Ireland or Gibraltar as if—

 

(a) any reference to the consignee were a reference to the person exporting the waste; and

(b) the consignment of special waste is received by that person at the place where and the time when it leaves Great Britain.

 

(3)  Paragraph (1) does not apply in a case to which either regulation 6(1)(d) or regulation 9 applies.

(4)  Nothing in regulations 5 to 12 shall apply in relation to shipments of waste to which the provisions of Council Regulation (EEC) No. 259/93[24], other than Title III of that Regulation, apply.

 

Fees    

 

14.—(1)   Subject to paragraph (2), (as amended by 1996 SI 2019) when it assigns or supplies in connection with the assignment or supply of a code for a consignment or a carrier’s round in accordance with regulation 4(1), an Agency shall require payment of a fee of -

 

(a) £10 in respect of a code relating to a consignment, or a round, which consists entirely of lead acid motor vehicle batteries;

(b) £15 in other cases.

 

[fee prescribed for the purposes by a charging scheme under section 41 of the Environment Act 1995 (2001 SI 3148 and 2001 SI 3545 – England and Wales)]

 

(2)  An Agency shall not require payment of a fee where the code is assigned or supplied in connection with:

 

(a) a second or subsequent carrier’s round in a succession of such rounds, in respect of which such rounds in which a single vehicle is used and in respect of which (1996 SI 2019) —

(i) the carrier is also the consignee in relation to every consignment in all the rounds; (Regulation 14(2)(a)(i) is deleted by 2001 SI 3148 and 2001 SI 3545 – England and Wales)

(ii) no more than one consignment is collected from any consignor during the succession;

(iii) the total weight of special waste collected in each round (in the succession – 2001 SI 3148 and 2001 SI 3545 – England and Wales) does not exceed 400 kg; and

(iv) the time between the collection of the first consignment on the first round in the succession and the delivery of the last consignment to the place to which it is to be transported is no more than one week.

 

(b) the removal of a single consignment of special waste for the purposes set out in regulation 6(1)(b) provided that the person to whom the product or material was supplied is satisfied that it fails to meet any specification which he expected it to meet; or

 

(c) the removal of special waste from a ship in a harbour area—

(i) to a conveyance for transportation to a place outside that area;

(ii) to reception facilities provided within the same harbour area; or

(iii) by pipeline to reception facilities provided outside the harbour area.

 

(3)  Where an Agency assigns or supplies a code under regulation 4(1) without the fee required under this regulation having been paid to it, the person who requested the assignment or supply shall be required to pay the fee to that Agency within the period of two months beginning with the date on which the request was made (1996 SI 2019).

 

Registers
    

15.—(1) At each site from which any consignment of special waste has been removed, the consignor shall keep a register containing—

 

(a) a copy of the consignment note; and

(b) where the consignment is one to which regulation 8 applies, a copy of that part of the carrier’s schedule retained under regulation 8(5),

 

applicable to each consignment removed from that site.

(2)  Every carrier shall keep a register containing—

 

(a) a copy of the consignment note; and

(b) where the consignment is one to which regulation 8 applies, a copy of the carrier’s schedule,

 

applicable to each consignment which he has transported.

(3)  At each site at which any consignment of special waste has been received, the consignee shall keep a register containing—

 

(a) a copy of the consignment note; and

(b) where the consignment is one to which regulation 8 applies, a copy of the carrier’s schedule,

 

applicable to each consignment, other than a consignment to which regulation 10 applies, received at that site.

(4)  A consignment note or carrier’s schedule required by paragraph (1) or (2) to be kept in a register shall be retained in the register for not less than three years from the date on which the waste to which it relates was removed from the premises at which it was being held.

(5)  Subject to paragraphs (6) and (7), consignment notes and carrier’s schedules required by paragraph (3) to be kept by a person shall be retained until his waste management licence for the site in question is surrendered or revoked entirely, at which time he shall send the register to the Agency for the site; and that Agency shall retain the register for not less than three years after its receipt.

(6)  Where, by virtue of regulation 16(1)(a) or (b) of the 1994 Regulations, section 33(1)(a), (b) and (c) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his authorisation under Part I of the 1990 Act for the site in question.

(6A) Where, by virtue of regulation 16(1)(ba) or (bb) of the 1994 Regulations, section 33(1)(a), (b) and (c) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person's waste management licence were a reference to the surrender or revocation of his permit under the Pollution Prevention and Control (England and Wales) (Scotland) Regulations 2000 for the site in question. (2000 SI 1973 – England and Wales, 2000 SSI 323 - Scotland)


(7)  Where, in circumstances other than those mentioned in paragraph (6) or (6A) (2000 SI 1973 – England and Wales, 2000 SSI 323 - Scotland), section 33(1)(a) and (b) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, each consignment note and carrier’s schedule required to be kept in a register shall be kept in that register for not less than three years from the date on which the consignment of special waste to which it relates was received at the site to which it was transported.

(8)  Insofar as is consistent with the foregoing provisions of this regulation, registers under this regulation may be kept in any form.

 

(9) It is the duty of the Scottish Environment Protection Agency to carry out inspections of the registers referred to within these Regulations at such intervals as it considers appropriate, having regard to the need to meet the requirements of Article 13 of the Waste Directive and Article 5(2) of the Hazardous Waste Directive. (2004 SSI 112 – Scotland only)

 

Registers: special waste producers (2004 SSI 112 – Scotland only)


15A.  - (1) A special waste producer shall keep a record of the quantity, nature, origin and, where appropriate, the destination, frequency of collection and mode of transport of the special waste produced by that producer.

(2) Where special waste is transported from the premises where it was produced, by a person other than the producer of that waste, the requirement on the producer to record the destination of that waste includes a requirement to record particulars sufficient to identify that other person.

(3) A special waste producer shall preserve the records kept pursuant to this Regulation whilst that producer remains the holder of that waste and for at least 3 years commencing on the date upon which that waste is transferred to another person.

(4) The information required to be kept in accordance with paragraphs (1) and (2) shall be kept in a register maintained by the special waste producer for that purpose.

(5) A special waste producer shall also enter into the register a copy of each consignment note and, where applicable, carrier's schedule in respect of each consignment removed, together with the producer return detailing that consignment (deleted by 2004 SSI 204 - Scotland).

(6) Except where paragraph (7) applies, the register required to be maintained under paragraph (4) shall be kept at the premises at which the special waste was produced.

(7) Where a special waste producer ceases to have access to the premises referred to at paragraph (6), but the period mentioned in paragraph (3) has not expired, for the remainder of that period, that producer shall keep the register at the producer's principal place of business and notify the Scottish Environment Protection Agency thereof forthwith.

(8) Any register kept and retained under this regulation shall be produced to, and made available for inspection by, the Scottish Environment Protection Agency on request.

(9) Insofar as is consistent with the foregoing provisions of this regulation, registers required to be kept under this regulation may be kept in any form.

 

Site records
    

16.—(1)  Any person who makes a deposit of special waste in or on any land shall record the location of each such deposit, shall keep such records until his waste management licence is surrendered or revoked and shall then send the records to the Agency for the site.

(2)  Such records shall comprise either—

 

(a) a site plan marked with a grid, or

(b) a site plan with overlays on which deposits are shown in relation to the contours of the site.

 

(3)  Deposits shall be described in such records by reference to the register of consignment notes kept under regulation 15, save that where waste is disposed of—

(a) by pipeline, or

(b) within the curtilage of the premises at which it is produced,

 

the deposits shall be described by reference to a record of the quantity and composition of the waste and the date of its disposal.

(4)  In the case of liquid wastes discharged without containers into underground strata or disused workings the record shall comprise only a written statement of the quantity and composition of special waste so discharged and the date of its disposal.

(5)  Every record made pursuant to regulation 14 of the Control of Pollution (Special Waste) Regulations 1980[25] shall—

(a) be kept with the records referred to in paragraph (1) above for so long as is mentioned in that paragraph, and

(b) shall accompany those records when they are sent to the Agency in accordance with that paragraph.

 

Restrictions on mixing special waste
    

17.—(1) Subject to paragraph (2), an establishment or undertaking which carries out the disposal or recovery of special waste, or which collects or transports special waste, shall not—

(a) mix different categories of special waste; or

(b) mix special waste with waste which is not special waste.

 

(2)  Paragraph (1) above shall not apply if the mixing—

(a) is authorised by a waste management licence or under an authorisation granted under Part I of the 1990 Act or under a permit granted under the Pollution Prevention and Control (England and Wales) (Scotland) Regulations 2000 (2000 SI 1973 – England and Wales, 2000 SSI 323 - Scotland); or

(b) is an activity to which, by virtue of regulation 17 of the 1994 Regulations, section 33(1)(a) and (b) of the 1990 Act does not apply.

 

Duty to separate mixed wastes (2004 SSI 112 – Scotland only)

 

17A.  - (1) An establishment or undertaking which carries out the disposal or recovery of special waste, or which collects or transports special waste, shall, where such waste is already mixed with other waste, substances or materials, effect separation as soon as reasonably practicable where-

(a) technically and economically feasible; and
(b) necessary in order to comply with the provisions of Article 4 of the Waste Directive set out in paragraph (2).

(2) The provisions referred to in paragraph (1)(b) are to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without-

(a) risk to water, air, soil, plants or animals;
(b) causing a nuisance through noise or odours;
(c) adversely affecting the countryside or places of special interest

 

Offences
    

18.—(1)  Subject to paragraph (2) below, it shall be an offence for a person (other than a member, officer or employee of an Agency who is acting as authorised by that Agency,) to fail to comply with any of the foregoing provisions of these Regulations insofar as that provision imposes any obligation or requirement upon him.

(2)  It shall be a defence for a person charged with an offence under paragraph (1) to prove that he was not reasonably able to comply with the provision in question by reason of an emergency or grave danger and that he took all steps as were reasonably practicable in the circumstances for—

 

(a) minimising any threat to the public or the environment; and

(b) ensuring that the provision in question was complied with as soon as reasonably practicable after the event.

 

(3)  A person who, in purported compliance with a requirement imposed by or under any of the foregoing provisions of these Regulations to furnish any information, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.

(4)  A person who intentionally makes a false entry in any record or register required to be kept by virtue of any of the foregoing provisions of these Regulations commits an offence.

(5)  Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(6)  Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be liable to be proceeded against and punished accordingly.

(7)  Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(8)  Where, in Scotland, an offence under this regulation which has been committed by a partnership or an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he, as well as the partnership or association, shall be liable to be proceeded against and punished accordingly.

(9)  A person who commits an offence under this regulation shall be liable—

 

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

 

Responsibilities of the Agencies
    

19.    The Agencies shall be responsible for supervising the persons and activities subject to any provision of these Regulations.

 

Mutual recognition of consignment notes (Scotland only – 2004 SSI 112)
    

19A. Where special waste is removed from premises situated outside Scotland, any consignment note that contains or purports to contain the same information as that required in the form set out in the Annex to Commission Decision 94/774 EC concerning the standard consignment note referred to in Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, that accompanies the special waste shall be treated for the purposes of these Regulations as if it was a consignment note raised in compliance or purported compliance with the provisions of these Regulations.

 

Transitional provisions for certificates of technical competence
    

20.—(1) This regulation applies in relation to—

 

(a) waste defined as special waste under regulation 2 of these Regulations which was not so defined under regulation 2 of the Control of Pollution (Special Waste) Regulations 1980[26] ("waste now defined as special waste"); and

 

(b) persons to be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act—

 

(i) pursuant to regulation 4 of the 1994 Regulations; or

(ii) pursuant to regulation 5(1) of the 1994 Regulations, or to regulation 4(1) or (3) of the Waste Management Licensing (Amendment etc.) Regulations 1995[27]. (1997 SI 251)

 

(2)  For the purposes only of operations concerning waste now defined as special waste and provided that both the conditions set out in paragraph (3) are satisfied, the persons referred to in paragraph (1)(b) shall continue to be treated as technically competent—

 

(a) in the case of those referred to in paragraph (1)(b)(i), until 10th August 2000; and

(b) in the case of those referred to in paragraph (1)(b)(ii), in accordance with the Regulations mentioned there, except that paragraph (1) of regulation 5 of the 1994 Regulations and paragraphs (1) and (4) of regulation 4 of the Waste Management Licensing (Amendment etc.) Regulations 1995 shall have effect as if for the date "10th August 1999" there were substituted the date "10th August 2000".

 

(3)  The conditions referred to in paragraph (2) are that:

(a) before 1st March 1997, the person applies to the Waste Management Industry Training and Advisory Board for a certificate of technical competence at Level 4 in respect of special waste; and

(b) before 1st September 1996, the person was entitled to act as the manager of a facility in respect of which there was in force a waste management licence authorising activities concerning waste now defined as special waste.

 

" Transitional provisions and "grandfather rights" (1997 SI 251)


20A.   A person who by virtue of paragraph (2) of regulation 5[3] of the 1994 Regulations is treated as being technically competent for the purposes of section 74(3)(b) of the 1990 Act, shall continue to be so treated in accordance with paragraphs (2) and (4) of that regulation as if waste now defined as special waste within the meaning of regulation 20(1)(a) were not special waste." 

 

Amendment of regulations relating to the assessment of environmental effects
    

21.—(1)  In regulation 2(1) of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988[28], for the definition of "special waste" there shall be substituted—

 

""special waste" means waste which is special waste for the purposes of the Special Waste Regulations 1996;" .

 

(2)  In regulation 4(1) of the Environmental Assessment (Scotland) Regulations 1988[29], for the definition of "special waste" there shall be substituted—

 

""special waste" means waste which is special waste for the purposes of the Special Waste Regulations 1996;" .

 

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

22.    In Schedule 1 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991[30] there shall be added at the end—

 

"the Special Waste Regulations 1996" .

 

Amendment of the Environmental Protection (Duty of Care) Regulations 1991
   

23.    In regulation 2 of the Environmental Protection (Duty of Care) Regulations 1991[31]—

 

(a) at the beginning of paragraph (1), there shall be added "Subject to paragraph (3),";

(b) after paragraph (2), the following paragraph shall be added:

"  (3)  Paragraph (1) shall not apply where the waste transferred is special waste within the meaning of the Special Waste Regulations 1996 and the consignment note and, where appropriate, schedule required by those Regulations are completed and dealt with in accordance with those Regulations." .

Amendment of the Controlled Waste Regulations 1992
    

24.    In paragraph 18(2) of Schedule 3 to the Controlled Waste Regulations 1992[32], for the definition of "tank washings", there shall be substituted—

 

""tank washings" has the same meaning as in paragraph 36 of Schedule 3 to the Waste Management Licensing Regulations 1994;" .

 

Amendment of the Waste Management Licensing Regulations 1994
    

25.    The 1994 Regulations shall be amended in accordance with Schedule 3 to these Regulations.

 

Revocations and savings
    

26.—(1) Subject to paragraph (2), the following are hereby revoked—

 

(a) the Control of Pollution (Special Waste) Regulations 1980[33] ("the 1980 Regulations");

(b) the Control of Pollution (Landed Ships’ Waste) Regulations 1987[34];

(c) the Control of Pollution (Landed Ships’ Waste) (Amendment) Regulations 1989[35]; and

(d) paragraphs (1) and (2) of regulation 18 of the Transfrontier Shipment of Waste Regulations 1994[36].

 

(2)  Subject to paragraph (3) of this regulation, the 1980 Regulations shall continue to have effect in relation to any special waste in respect of which the consignment note (within the meaning of those Regulations) was furnished or is treated as having been furnished to the Agency, in accordance with regulation 4 of those Regulations, before the coming into force of these Regulations.

(3)  Paragraph (2) of this regulation shall not apply in relation to any special waste in respect of which consignment notes or copies of consignment notes are furnished pursuant to regulation 9 of the 1980 Regulations and after 31st August 1996 any direction made under regulation 9 of the 1980 Regulations shall have no effect.

Ferrers

Minister of State, Department of the Environment

28th March 1996

Gwilym Jones

Parliamentary Under-Secretary of State, Welsh Office

28th March 1996

Lindsay

Parliamentary Under-Secretary of State, Scottish Office

28th March 1996

Notes:

[1] S.I. 1993/2661, 1992/2870 and 1988/785.  

[2] 1972 c. 68. [3] 1974 c. 40; section 3(1) is repealed, and section 17 is prospectively repealed, by Part II of Schedule 16 to the Environmental Protection Act 1990 (c. 43); the repeal of section 3(1) came into force on 1st May 1994 (save for certain purposes, in respect of which other dates are appointed) by virtue of S.I. 1994/1096 (as amended by S.I. 1994/2487 and 1994/3234).  

[4] 1990 c. 43; section 62 is amended by paragraph 80 of Schedule 22 to the Environment Act 1995 (c. 25) and section 78 is amended by paragraph 7 of Schedule 4 to the Radioactive Substances Act 1993 (c. 12).

[5] S.I. 1980/1709, amended by S.I. 1988/1562, 1988/1790 and 1994/1137 and by Part IV of Schedule 6 to the Radioactive Substances Act 1993 (c. 12).

[6] S.I. 1994/1056, amended by S.I. 1995/288, 1995/1950, 1996/634.

[7] 1995 c. 25. 

[8] The approved classification and labelling guide is available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS.

[9] S.I. 1994/3247.

[10] The approved supply list is available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS.

[11] See section 75 of the Environmental Protection Act 1990 and the Controlled Waste Regulations 1992 (S.I. 1992/588, amended by S.I. 1993/566, 1994/1056 and 1995/288).

[12] S.I. 1987/37.

[13] Council Directive 91/689/EEC is to be found at OJ No. L 377, 31.12.1991, p.20; Council Directive 94/31/EC at OJ No. L 168, 2.7.1994, p.28.See also Council Decision 94/904/EC (OJ No. L 356, 31.12.94, p.14).

[14] See section 75(5) and (8) of the Environmental Protection Act 1990, and the Controlled Waste Regulations 1992.

[15] Section 35 is modified by paragraph 9 of Part I of Schedule 4 to the Waste Management Licensing Regulations 1994.

[16] OJ No. L 356, 31.12.1994, p.14.

[17] 1968 c. 67; section 130 is amended by paragraph 3(7) to (10) of Schedule 1, and Schedule 2, to the Animal Health and Welfare Act 1984 (c. 40).

[18] Section 58 is amended by section 1 of the Medicinal Products: Prescription by Nurses etc. Act 1992 (c. 28).

[19] OJ No. 196, 16.8.1967, p.1 as amended by Commission Directive 92/69/EEC (OJ No. L 383, 29.12.1992, p.1).

[20] Section 62 is amended by paragraph 80 of Schedule 22 to the Environment Act 1995 (c. 25). 

[21] 1993 c. 12. Section 78 of the Environmental Protection Act 1990 (which is amended by paragraph 7 of Schedule 4 to the Radioactive Substances Act 1993) provides that Part II of the 1990 Act does not apply to radioactive waste as defined in the 1993 Act save to the extent that the Secretary of State so provides in regulations.

[22] Section 33(1)(a) and (b) is modified by paragraph 9 of Part I of Schedule 4 to the Waste Management Licensing Regulations 1994.

[23] 1985 c. 6; section 736 is substituted by section 144(1) of the Companies Act 1989 (c. 40).

[24] OJ No. L 30, 6.2.1993, p.1.

[25] S.I. 1980/1709, as amended by S.I. 1988/1562, 1988/1790, 1994/1137 and by Part IV of Schedule 6 to the Radioactive Substances Act 1993 (c. 12).

[26] S.I. 1980/1709, amended by S.I. 1988/1790.

[27] S.I. 1995/288, amended by S.I. 1995/1950. Paragraph (3) of regulation 4 is subject to paragraphs (4) and (5), the latter being inserted by regulation 3 of S.I. 1995/1950 and amended by regulation 3 of S.I. 1996/634.

[28] S.I. 1988/1199, to which there are amendments not relevant to these Regulations.

[29] S.I. 1988/1221.

[30] S.I. 1991/1624, to which there are amendments not relevant to these Regulations.  

[31] S.I. 1991/2839.

 [32] S.I. 1992/588, as amended by S.I. 1993/566, 1994/1056 and 1995/288.

[33] S.I. 1980/1709, as amended by S.I. 1988/1562, 1988/1790 and 1994/1137 and by Part IV of Schedule 6 to the Radioactive Substances Act 1993 (c. 12).

[34] S.I. 1987/402.

[35] S.I. 1989/65.

[36] S.I. 1994/1137.

 

 

 

 

SCHEDULE 1 [We apologise for the poor quality of this graphic]

Regulation 1(4)

 

PART I

 

FORM OF CONSIGNMENT NOTE

 



In Part B of Part 1 of Schedule 1, for "The chemical/biological components that make the waste special” substitute "The chemical/biological components of the waste.”  In Part C of the form, for "(name & address)" substitute "(name, address & postcode)"; and in Part E of the form, after "I received this waste" and after "the waste described in B", insert "at the address given in A2. (2001 SI 3148 and 2001 SI 3545 – England and Wales)

 

The Form set out below is applicable in Scotland only – 2004 SSI 112

 

PART 1


Regulation 1(4)

FORM OF CONSIGNMENT NOTE



SPECIAL WASTE REGULATIONS 1996

Consignment Note No.

 

No. of prenotice (if different)

 

Sheet      of     

 

 

A CONSIGNMENT DETAILS

PLEASE TICK IF YOU ARE A TRANSFER STATION opensquare

     1. The waste described below is to be removed from (name, address and postcode)

    

    

     2. The waste will be taken to (address & postcode)

    

    

    

     3. The consignment(s) will be:

one single opensquare

a succession opensquare

carrier's round opensquare

other opensquare

     4. Expected removal date of first consignment:

    

    

last consignment:

     5. Name

    

    

On behalf of (company)

Signature

    

    

Date

     6. telephone

    

     7. If different from 1, the waste producer was (name, address and postcode)

 

 

B DESCRIPTION OF THE WASTE

No. of additional sheets(s) opensquare

     1. The waste is

    

    

    

    

    

    

     2. The EWC* six digit code(s) assigned to the waste is

    

    

    

    

     3. Physical Form:

Liquid opensquare

Powder opensquare

Sludge opensquare

Solid opensquare

Mixed opensquare

     4. Colour

     5. Total quality for removal

Quantity

Units (eg kg/ltrs/tonnes)

Container type, number and size:

     6. The chemical/biological components that make the waste special are:

 

Component

Concentration (% or mg/kg)

Component

Concentration (% or mg/kg)

    

    

    

    


     7. The hazards are:

     8. The process giving rise to waste is:

 

C CARRIER'S CERTIFICATE

I certify that I today collected the consignment and that the details in A1, A2 and B1 above are correct. The Quantity collected in the load is:

Name

On behalf of (company) (name & address)

Signature

Date      at      hrs.

     1. Carrier registration no./reason for exemption

     2. Vehicle registration no. (or mode of transport, if not road)

 

 

D CONSIGNOR'S CERTIFICATE

    

I certify that the information in B and C above are correct, that the carrier is registered or exempt and was advised of the appropriate precautionary measures.

Name

On behalf of (company)

Signature

Date

 

 

E CONSIGNEE'S CERTIFICATE

    

     1. I received this waste on      at      hrs.

     2. Quantity received      quantity      units (eg kg/ltrs/tonnes)

     3. Vehicle registration no.

     4. Management Operation

I certify that waste management licence/authorisation/exemption no.

authorises the management of the waste described in B.

Name

On behalf of (company)

Signature

Date


* The European Waste Catalogue (EWC) sets out a list of wastes pursuant to Article 1(a) of the Waste Directive and Article 1(4) of the Hazardous Waste Directive and is set out in Commission Decision 2000/532/EC (O.J. No. L 194, 25.7.1975, p.39), as amended."

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

SCHEDULE 2

Regulation 2

SPECIAL WASTE

 

PART I

[In Scotland – this Table is specifically omitted – 2004 SSI 112 – the relevant list is the European Waste Codes List]

[in Wales – the relevant list is the European Waste Codes List – per the Hazardous Waste (England and Wales) Regulations 2005]

[in England – the relevant list is the List of Waste (England) Regulations 2005]

 

 

HAZARDOUS WASTE LIST

 

 

 

Waste code (6 digits)/ Chapter Heading (2 and 4 digits)

Description

02

WASTE FROM AGRICULTURAL, HORTICULTURAL, HUNTING, FISHING AND AQUACULTURE PRIMARY PRODUCTION, FOOD PREPARATION AND PROCESSING

0201

PRIMARY PRODUCTION WASTE

020105

agrochemical wastes

03

WASTES FROM WOOD PROCESSING AND THE PRODUCTION OF PAPER, CARDBOARD, PULP, PANELS AND FURNITURE

0302

WOOD PRESERVATION WASTE

030201

non-halogenated organic wood preservatives

030202

organochlorinated wood preservatives

030203

organometallic wood preservatives

030204

inorganic wood preservatives

04

WASTES FROM THE LEATHER AND TEXTILE INDUSTRIES

0401

WASTES FROM THE LEATHER INDUSTRY

040103

degreasing wastes containing solvents without a liquid phase

0402

WASTES FROM TEXTILE INDUSTRY

040211

halogenated wastes from dressing and finishing

05

WASTES FROM PETROLEUM REFINING, NATURAL GAS PURIFICATION AND PYROLYTIC TREATMENT OF COAL

0501

OILY SLUDGES AND SOLID WASTES

050103

tank bottom sludges

050104

acid alkyl sludges

050105

oil spills

050107

acid tars

050108

other tars

0504

SPENT FILTER CLAYS

050401

spent filter clays

0506

WASTE FROM THE PYROLYTIC TREATMENT OF COAL

050601

acid tars

050603

other tars

0507

WASTE FROM NATURAL GAS PURIFICATION

050701

sludges containing mercury

0508

WASTES FROM OIL REGENERATION

050801

spent filter clays

050802

acid tars

050803

other tars

050804

aqueous liquid waste from oil regeneration

06

WASTES FROM INORGANIC CHEMICAL PROCESSES

0601

WASTE ACIDIC SOLUTIONS

060101

sulphuric acid and sulphurous acid

060102

hydrochloric acid

060103

hydrofluoric acid

060104

phosphoric and phosphorous acid

060105

nitric acid and nitrous acid

060199

waste not otherwise specified

0602

ALKALINE SOLUTIONS

060201

calcium hydroxide

060202

soda

060203

ammonia

060299

wastes not otherwise specified

0603

WASTE SALTS AND THEIR SOLUTIONS

060311

salts and solutions containing cyanides

0604

METAL-CONTAINING WASTES

060402

metallic salts (except 0603)

060403

wastes containing arsenic

060404

wastes containing mercury

060405

wastes containing heavy metals

0607

WASTES FROM HALOGEN CHEMICAL PROCESSES

060701

wastes containing asbestos from electrolysis

060702

activated carbon from chlorine production

0613

WASTES FROM OTHER INORGANIC CHEMICAL PROCESSES

061301

inorganic pesticides, biocides and wood preserving agents

061302

spent activated carbon (except 060702)

07

WASTES FROM ORGANIC CHEMICAL PROCESSES

0701

WASTE FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF BASIC ORGANIC CHEMICALS

070101

aqueous washing liquids and mother liquors

070103

organic halogenated solvents, washing liquids and mother liquors

070104

other organic solvents, washing liquids and mother liquors

070107

halogenated still bottoms and reaction residues

070108

other still bottoms and reaction residues

070109

halogenated filter cakes, spent absorbents

070110

other filter cakes, spent absorbents

0702

WASTE FROM THE MFSU OF PLASTICS, SYNTHETIC RUBBER AND MAN-MADE FIBRES

070201

aqueous washing liquids and mother liquors

070203

organic halogenated solvents, washing liquids and mother liquors

070204

other organic solvents, washing liquids and mother liquors

070207

halogenated still bottoms and reaction residues

070208

other still bottoms and reaction residues

070209

halogenated filter cakes, spent absorbents

070210

other filter cakes, spent absorbents

0703

WASTE FROM THE MFSU FOR ORGANIC DYES AND PIGMENTS (EXCLUDING 0611)

070301

aqueous washing liquids and mother liquors

070303

organic halogenated solvents, washing liquids and mother liquors

070304

other organic solvents, washing liquids and mother liquors

070307

halogenated still bottoms and reaction residues

070308

other still bottoms and reaction residues

070309

halogenated filter cakes, spent absorbents

070310

other filter cakes, spent absorbents

0704

WASTE FROM THE MFSU FOR ORGANIC PESTICIDES (EXCEPT 020105)

070401

aqueous washing liquids and mother liquors

070403

organic halogenated solvents, washing liquids and mother liquors

070404

other organic solvents, washing liquids and mother liquors

070407

halogenated still bottoms and reaction residues

070408

other still bottoms and reaction residues

070409

halogenated filter cakes, spent absorbents

070410

other filter cakes, spent absorbents

0705

WASTE FROM THE MFSU OF PHARMACEUTICALS

070501

aqueous washing liquids and mother liquors

070503

organic halogenated solvents, washing liquids and mother liquors

070504

other organic solvents, washing liquids and mother liquors

070507

halogenated still bottoms and reaction residues

070508

other still bottoms and reaction residues

070509

halogenated filter cakes, spent absorbents

070510

other filter cakes, spent absorbents

0706

WASTE FROM THE MFSU OF FATS, GREASE, SOAPS, DETERGENTS, DISINFECTANTS AND COSMETICS

070601

aqueous washing liquids and mother liquors

070603

organic halogenated solvents, washing liquids and mother liquors

070604

other organic solvents, washing liquids and mother liquors

070607

halogenated still bottoms and reaction residues

070608

other still bottoms and reaction residues

070609

halogenated filter cakes, spent absorbents

070610

other filter cakes, spent absorbents

0707

WASTE FROM THE MFSU OF FINE CHEMICALS AND CHEMICAL PRODUCTS NOT OTHERWISE SPECIFIED

070701

aqueous washing liquids and mother liquors

070703

organic halogenated solvents, washing liquids and mother liquors

070704

other organic solvents, washing liquids and mother liquors

070707

halogenated still bottoms and reaction residues

070708

other still bottoms and reaction residues

070709

halogenated filter cakes, spent absorbents

070710

other filter cakes, spent absorbents

08

WASTES FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF COATINGS (PAINTS, VARNISHES AND VITREOUS ENAMELS), ADHESIVE, SEALANTS AND PRINTING INKS

0801

WASTES FROM MFSU OF PAINT AND VARNISH

080101

waste paints and varnish containing halogenated solvents

080102

waste paints and varnish free of halogenated solvents

080106

sludges from paint or varnish removal containing halogenated solvents

080107

sludges from paint or varnish removal free of halogenated solvents

0803

WASTES FROM MFSU OF PRINTING INKS

080301

waste ink containing halogenated solvents

080302

waste ink free of halogenated solvents

080305

ink sludges containing halogenated solvents

080306

ink sludges free of halogenated solvents

0804

WASTES FROM MFSU OF ADHESIVE AND SEALANTS (INCLUDING WATER-PROOFING PRODUCTS)

080401

waste adhesives and sealants containing halogenated solvents

080402

waste adhesives and sealants free of halogenated solvents

080405

adhesives and sealants sludges containing halogenated solvents

080406

adhesives and sealants sludges free of halogenated solvents

09

WASTES FROM THE PHOTOGRAPHIC INDUSTRY

0901

WASTES FROM PHOTOGRAPHIC INDUSTRY

090101

water based developer and activator solutions

090102

water based offset plate developer solutions

090103

solvent based developer solutions

090104

fixer solutions

090105

bleach solutions and bleach fixer solutions

090106

waste containing silver from on-site treatment of photographic waste

10

INORGANIC WASTES FROM THERMAL PROCESSES

1001

WASTES FROM POWER STATION AND OTHER COMBUSTION PLANTS (EXCEPT 1900)

100104

oil fly ash

100109

sulphuric acid

1003

WASTES FROM ALUMINIUM THERMAL METALLURGY

100301

tars and other carbon-containing wastes from anode manufacture

100303

skimmings

100304

primary smelting slags/white drosses

100307

spent pot lining

100308

salt slags from secondary smelting

100309

black drosses from secondary smelting

100310

waste from treatment of salt slags and black drosses treatment

1004

WASTES FROM LEAD THERMAL METALLURGY

100401

slags (1st and 2nd smelting)

100402

dross and skimmings (1st and 2nd smelting)

100403

calcium arsenate

100404

flue gas dust

100405

other particulates and dust

100406

solid waste from gas treatment

100407

sludges from gas treatment

1005

WASTES FROM ZINC THERMAL METALLURGY

100501

slags (1st and 2nd smelting)

100502

dross and skimmings (1st and 2nd smelting)

100503

flue gas dust

100505

solid waste from gas treatment

100506

sludges from gas treatment

1006

WASTES FROM COPPER THERMAL METALLURGY

100603

flue gas dust

100605

waste from electrolytic refining

100606

solid waste from gas treatment

100607

sludges from gas treatment

11

INORGANIC WASTE WITH METALS FROM METAL TREATMENT AND THE COATING OF METALS; NON-FERROUS HYDRO-METALLURGY

1101

LIQUID WASTES AND SLUDGES FROM METAL TREATMENT AND COATING OF METALS (e.g. GALVANIC PROCESSES, ZINC COATING PROCESSES, PICKLING PROCESSES, ETCHING, PHOSPHATIZING, ALKALINE DE-GREASING)

110101

cyanidic (alkaline) wastes containing heavy metals other than chromium

110102

cyanidic (alkaline) wastes which do not contain heavy metals

110103

cyanide-free wastes containing chromium

110105

acidic pickling solutions

110106

acids not otherwise specified

110107

alkalis not otherwise specified

110108

phosphatizing sludges

1102

WASTES AND SLUDGES FROM NON-FERROUS HYDROMETALLURGICAL PROCESSES

110202

sludges from zinc hydrometallurgy (including jarosite, goethite)

1103

SLUDGES AND SOLIDS FROM TEMPERING PROCESSES

110301

wastes containing cyanide

110302

other wastes

12

WASTES FROM SHAPING AND SURFACE TREATMENT OF METALS AND PLASTICS

1201

WASTES FROM SHAPING (INCLUDING FORGING, WELDING, PRESSING, DRAWING, TURNING, CUTTING AND FILING)

120106

waste machining oils containing halogens (not emulsioned)

120107

waste machining oils free of halogens (not emulsioned)

120108

waste machining emulsions containing halogens

120109

waste machining emulsions free of halogens

120110

synthetic machining oils

120111

machining sludges

120112

spent waxes and fats

1203

WASTES FROM WATER AND STEAM DEGREASING PROCESSES (EXCEPT 1100)

120301

aqueous washing liquids

120302

steam degreasing wastes

13

OIL WASTES (EXCEPT EDIBLE OILS, 0500 AND 1200)

1301

WASTE HYDRAULIC OILS AND BRAKE FLUIDS

130101

hydraulic oils, containing PCBs or PCTs

130102

other chlorinated hydraulic oils (not emulsions)

130103

non-chlorinated hydraulic oils (not emulsions)

130104

chlorinated emulsions

130105

non-chlorinated emulsions

130106

hydraulic oils containing only mineral oil

130107

other hydraulic oils

130108

brake fluids

1302

WASTE ENGINE, GEAR AND LUBRICATING OILS

130201

chlorinated engine, gear and lubricating oils

130202

non-chlorinated engine, gear and lubricating oils

130203

other machine, gear and lubricating oils

1303

WASTE INSULATING AND HEAT TRANSMISSION OILS AND OTHER LIQUIDS

130301

insulating or heat transmission oils and other liquids containing PCBs or PCTs

130302

other chlorinated insulating and heat transmission oils and other liquids

130303

non-chlorinated insulating and heat transmission oils and other liquids

130304

synthetic insulating and heat transmission oils and other liquids

130305

mineral insulating and heat transmission oils

1304

BILGE OILS

130401

bilge oils from inland navigation

130402

bilge oils from jetty sewers

130403

bilge oils from other navigation

1305

OIL/WATER SEPARATOR CONTENTS

130501

oil/water separator solids

130502

oil/water separator sludges

130503

interceptor sludges

130504

desalter sludges or emulsions

130505

other emulsions

1306

OIL WASTE NOT OTHERWISE SPECIFIED

130601

oil waste not otherwise specified

14

WASTES FROM ORGANIC SUBSTANCES EMPLOYED AS SOLVENTS (EXCEPT 0700 AND 0800)

1401

WASTES FROM METAL DEGREASING AND MACHINERY MAINTENANCE

140101

chlorofluorocarbons

140102

other halogenated solvents and solvent mixes

140103

other solvents and solvent mixes

140104

aqueous solvent mixes containing halogens

140105

aqueous solvent mixes free of halogens

140106

sludges or solid wastes containing halogenated solvents

140107

sludges or solid wastes free of halogenated solvents

1402

WASTES FROM TEXTILE CLEANING AND DEGREASING OF NATURAL PRODUCTS

140201

halogenated solvents and solvent mixes

140202

solvent mixes or organic liquids free of halogenated solvents

140203

sludges or solid wastes containing halogenated solvents

140204

sludges or solid wastes containing other solvents

1403

WASTES FROM THE ELECTRONIC INDUSTRY

140301

chlorofluorocarbons

140302

other halogenated solvents

140303

solvents and solvent mixes free of halogenated solvents

140304

sludges or solid wastes containing halogenated solvents

140305

sludges or solid wastes containing other solvents

1404

WASTES FROM COOLANTS, FOAM/AEROSOL PROPELLANTS

140401

chlorofluorocarbons

140402

other halogenated solvents and solvent mixes

140403

other solvents and solvent mixes

140404

sludges or solid wastes containing halogenated solvents

140405

sludges or solid wastes containing other solvents

1405

WASTES FROM SOLVENT AND COOLANT RECOVERY (STILL BOTTOMS)

140501

chlorofluorocarbons

140502

halogenated solvents and solvent mixes

140503

other solvents and solvent mixes

140504

sludges containing halogenated solvents

140505

sludges containing other solvents

16

WASTES NOT OTHERWISE SPECIFIED IN THE CATALOGUE

1602

DISCARDED EQUIPMENT AND SHREDDER RESIDUES

160201

transformers and capacitors containing PCBs or PCTs

1604

WASTE EXPLOSIVES

160401

waste ammunition

160402

fireworks waste

160403

other waste explosives

1606

BATTERIES AND ACCUMULATORS

160601

lead batteries

160602

Ni-Cd batteries

160603

mercury dry cells

160606

electrolyte from batteries and accumulators

1607

WASTE FROM TRANSPORT AND STORAGE TANK CLEANING (EXCEPT 0500 AND 1200)

160701

waste from marine transport tank cleaning, containing chemicals

160702

waste from marine transport tank cleaning, containing oil

160703

waste from railway and road transport tank cleaning, containing oil

160704

waste from railway and road transport tank cleaning, containing chemicals

160705

waste from storage tank cleaning, containing chemicals

160706

waste from storage tank cleaning, containing oil

17

CONSTRUCTION AND DEMOLITION WASTE (INCLUDING ROAD CONSTRUCTION)

1706

INSULATION MATERIALS

170601

insulation materials containing asbestos

18

WASTES FROM HUMAN OR ANIMAL HEALTH CARE AND/OR RELATED RESEARCH (EXCLUDING KITCHEN AND RESTAURANT WASTES WHICH DO NOT ARISE FROM IMMEDIATE HEALTH CARE)

1801

WASTE FROM NATAL CARE, DIAGNOSIS, TREATMENT OR PREVENTION OF DISEASE IN HUMANS

180103

other wastes whose collection and disposal is subject to special requirements in view of the prevention of infection

1802

WASTE FROM RESEARCH, DIAGNOSIS, TREATMENT OR PREVENTION OF DISEASE INVOLVING ANIMALS

180202

other wastes whose collection and disposal is subject to special requirements in view of the prevention of infection

180204

discarded chemicals

19

WASTES FROM WASTE TREATMENT FACILITIES, OFF-SITE WASTE WATER TREATMENT PLANTS AND THE WATER INDUSTRY

1901

WASTES FROM INCINERATION OR PYROLYSIS OF MUNICIPAL AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES

190103

fly ash

190104

boiler dust

190105

filter cake from gas treatment

190106

aqueous liquid waste from gas treatment and other aqueous liquid wastes

190107

solid waste from gas treatment

190110

spent activated carbon from flue gas treatment

1902

WASTES FROM SPECIFIC PHYSICO/CHEMICAL TREATMENTS OF INDUSTRIAL WASTES (e.g. DECHROMATATION, DECYANIDATION, NEUTRALIZATION)

190201

metal hydroxide sludges and other sludges from metal insolubilization treatment

1904

VITRIFIED WASTES AND WASTES FROM VITRIFICATION

190402

fly ash and other flue gas treatment wastes

190403

non-vitrified solid phase

1908

WASTES FROM WASTE WATER TREATMENT PLANTS NOT OTHERWISE SPECIFIED

190803

grease and oil mixture from oil/waste water separation

190806

saturated or spent ion exchange resins

190807

solutions and sludges from regeneration of ion exchangers

20

MUNICIPAL WASTES AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES INCLUDING SEPARATELY COLLECTED FRACTIONS

2001

SEPARATELY COLLECTED FRACTIONS

200112

paint, inks, adhesives and resins

200113

solvents

200117

photo chemicals

200119

pesticides

200121

fluorescent tubes and other mercury containing waste

 

PART II [Scotland only – new Part II inserted for England and Wales – 2001 SI 3148]

 

HAZARDOUS PROPERTIES

 

H1

"Explosive": substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.

H2

"Oxidizing": substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.

H3-A

"Highly flammable":

 

—liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids), or

 

—substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or

 

—solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or

 

—gaseous substances and preparations which are flammable in air at normal pressure, or

 

—substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.

H3-B

"Flammable": liquid substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C.

H4

"Irritant": non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.

H5

"Harmful": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.

H6

"Toxic": substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death.

H7

"Carcinogenic": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.

H8

"Corrosive": substances and preparations which may destroy living tissue on contact.

H9

"Infectious": substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.

H10

"Teratogenic": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.

H11

"Mutagenic": substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.

H12

Substances and preparations which release toxic or very toxic gases in contact with water, air or an acid.

H13

Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above.

H14

"Ecotoxic": substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment.

 

 

PART II (inserted by 2001 SI 3148 and 2001 SI 3545 – England and Wales)

 

FORM OF SCHEDULE

 

SPECIAL WASTE REGULATIONS 1996:

CARRIER'S SCHEDULE

Consignment Note No

Sheet      of

Name, address & postcode of premises from which waste was removed

Waste

Quantity

    

    

Consignment Note No

    

I certify that today I collected the quantity of waste given on this part of the schedule from the address given here and will take it to the address given in A2 on the consignment note.

I certify that the waste collected is as detailed above and conforms with the description given in B on the consignment note.

Name (Carrier)

Signature

Name (Consignor)

Signature

Date      at     hrs

Date

    

 

 

 

 

 

Name, address & postcode of premises from which waste was removed

Waste

Quantity

    

    

Consignment Note No

    

I certify that today I collected the quantity of waste given on this part of the schedule from the address given here and will take it to the address given in A2 on the consignment note.

I certify that the waste collected is as detailed above and conforms with the description given in B on the consignment note.

Name (Carrier)

Signature

Name (Consignor)

Signature

Date      at     hrs

Date

    

 

 

 

 

 

Name, address & postcode of premises from which waste was removed

Waste

Quantity

    

    

Consignment Note No

    

I certify that today I collected the quantity of waste given on this part of the schedule from the address given here and will take it to the address given in A2 on the consignment note.

I certify that the waste collected is as detailed above and conforms with the description given in B on the consignment note.

Name (Carrier)

Signature

Name (Consignor)

Signature

Date      at     hrs

Date

 

 

 

 

 

 

PART III

 

THRESHOLDS FOR CERTAIN HAZARDOUS PROPERTIES

In the waste:

—the total concentration of substances classified as irritant and having assigned to them any of the risk phrases R36 ("irritating to the eyes"), R37 ("irritating to the respiratory system") or R38 ("irritating to the skin") is equal to or greater than 20%;

 

—the total concentration of substances classified as irritant and having assigned to them the risk phrase R41 ("risk of serious damage to eyes") is equal to or greater than 10%;

 

—the total concentration of substances classified as harmful is equal to or greater than 25%;

 

—the total concentration of substances classified as very toxic is equal to or greater than 0.1%;

 

—the total concentration of substances classified as toxic is equal to or greater than 3%;

 

—the total concentration of substances classified as carcinogenic and placed by the approved classification and labelling guide in category 1 or 2 of that classification is equal to or greater than 0.1%;

 

—the total concentration of substances classified as corrosive and having assigned to them the risk phrase R34 ("causes burns") is equal to or greater than 5%; and

 

—the total concentration of substances classified as corrosive and having assigned to them the risk phrase R35 ("causes severe burns") is equal to or greater than 1%.

 

 

PART IV (1996 SI 2019)

RULES FOR THE INTERPRETATION OF THIS SCHEDULE

 

1.    Except in the case of a substance listed in the approved supply list, the test methods to be used for the purposes of deciding which (if any) of the properties mentioned in Part II of this Schedule are to be assigned to a substance are those described in Annex V to Council Directive 67/548/EEC[11], as amended by Commission Directive 92/69/EEC[12] [Directive 92/69/EC, Directives 92/69/EEC, 93/21/EEC, 96/54/EEC, 98/73/EC, 2000/32/EC, 2000/33/EC - 2001 SI 3148 – England and Wales];

 

2.    Any reference in Part III of this Schedule to a substance being classified as having a hazardous property, having assigned to it a particular risk phrase, or being placed within a particular category of a classification is a reference to that substance being so classified, having that risk phrase assigned to it or being placed in that category—

 

(i) in the case of a substance listed in the approved supply list, on the basis of Part V (Part I – 2001 SI 3148 – England and Wales) of that list;

(ii) in the case of any other substance, on the basis of the criteria laid down in the approved classification and labelling guide.

 

3.    Any reference in Part III of this Schedule to the total concentration of any substances being equal to or greater than a given percentage is a reference to the proportion by weight of those substances in any waste being equal to or, as the case may be, greater than that percentage

 

 

 

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

SCHEDULE 3

Regulation 25

AMENDMENTS TO THE WASTE MANAGEMENT LICENSING REGULATIONS 1994

 

 

 

 

Provision of Regulations

Amendment

regulation 1(3)

For the definition of "special waste", substitute—

""special waste" has the meaning given by regulation 2 of the Special Waste Regulations 1996, except that it does not include radioactive waste within the meaning of the Radioactive Substances Act 1993;" .

 

regulation 3

At the end of paragraph (m) add—

"(n) the Special Waste Regulations 1996" .

 

regulation 10(1)(k)

At the end add "or regulation 15(5) or 16(1) of the Special Waste Regulations 1996".

regulation 17

After paragraph (3), insert the following—

"  (3A)  Paragraph (1) does not apply to the carrying on of an exempt activity insofar as it involves the carrying out, by an establishment or undertaking, of their own waste disposal at the place of production if the waste being disposed of is special waste." .

 

Schedule 3

(a) In paragraph 3(a)(ii) after "waste oil" insert "(including waste oil which is special waste)".

(b) In paragraph 3(c) after "waste oil", in the first place where those words appear, insert "(including waste oil which is special waste)".

(c) In paragraph 18(2)(b) add at the end "(including waste oil which is special waste)".

(d) For paragraph 28 substitute—

"28.    The storage of returned goods that are waste, and the secure storage of returned goods that are special waste, pending recovery or disposal, for a period not exceeding one month, by their manufacturer, distributor or retailer."

 

Schedule 4

(a) At the end of paragraph 9 of Part I add—

"  (9)  In subsection (1) of section 62, any reference to the treatment, keeping or disposal of such waste as is referred to in that subsection shall include a reference to submitting such waste to any of the operations listed in Part III or IV of this Schedule.

(10)  In subsection (2) of section 62, any reference to the treatment, keeping or disposal of special waste shall include a reference to submitting special waste to any of the operations listed in Part III or IV of this Schedule." .

 

(b) In paragraph 13(1) of Part I after "(dealers or brokers),", insert "and producers of special waste,".

 

(c) At the end of paragraph 14(1)(b) of Part I add "or, in the case of special waste, to a previous holder; and for this purpose "holder", in respect of any such waste, means the producer or the person in possession of it".

 

(d) After paragraph 14(1) of Part I insert—

"  (1A)  Where special waste is recovered or disposed of by an establishment or undertaking, it shall keep a record of the carrying out and supervision of the operation and, in the case of a disposal operation, of the after-care of the disposal site."

 

(e) At the end of paragraph 14 of Part I[37] add—

"  (4)  Subject to sub-paragraph (5) below, it shall be an offence for an establishment or undertaking to fail to comply with any of the foregoing provisions of this paragraph insofar as that provision imposes any requirement or obligation upon it.

(5)  Paragraph (2) of regulation 18 of the Special Waste Regulations 1996 (defence in cases of emergency etc.) shall apply to a person charged with an offence under sub-paragraph (4) above as it applies to a person charged with an offence under paragraph (1) of that regulation.

(6)  A person who, in purported compliance with a requirement to furnish any information imposed by or under any of the provisions of this paragraph, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.

(7)  A person who intentionally makes a false entry in any record required to be kept by virtue of any of the provisions of this paragraph commits an offence.

(8)  Paragraphs (5) to (9) of regulation 18 of the Special Waste Regulations 1996 (offence where act or default causes offence by another, offences by bodies corporate and penalties) shall apply to an offence under this paragraph as they apply to an offence under that regulation." .

 

Schedule 5

In Parts II and III, insert at the end of paragraph 3 of the guidance notes—

"the Special Waste Regulations 1996" .

 

 

Notes:

[37] Paragraph 14 is amended by regulation 3(19) to (21) of the Waste Management Licensing (Amendment etc.) Regulations 1995 (S.I. 1995/288).

 

 

 

 

 

EXPLANATORY NOTE

(This note is not part of the Regulations)

 

 

These Regulations provide a new definition of special waste. They make provision for handling such waste and for implementing Council Directive 91/689/EEC on hazardous waste (OJ No. L 377, 31.12.1991, p. 20,) ("the Directive").

Regulation 2 defines special waste, making reference to Parts I, II and III of Schedule 2. This is to implement the definition of hazardous waste in the Directive and in particular in the List annexed to Council Decision 94/904/EC (OJ No. L. 356, 31.12.94, p.14). The definition extends, in accordance with Article 4 of the Directive, to certain other waste considered by the United Kingdom to display particular hazardous properties. Household waste is excluded from the definition.

Regulation 4 requires the Environment Agency (in relation to England and Wales) and the Scottish Environment Protection Agency (in relation to Scotland) ("the Agencies"), to give unique codes to be applied to consignments of waste or to carrier’s rounds. Carrier’s rounds consist of several consignments collected on the same journey and delivered to one place. The codes are to be shown, together with other required information, on consignment notes which are to accompany the waste when transported. Regulations 5 to 10 and 12 and 13 and Schedule 1 provide for the completion and handling of these notes and for pre-notification to the Agency of the consignment or round. Completion of such identification forms and their transport with waste are required by Article 5 of the Directive. The pre-notification provisions (regulations 5(2)(b), 8(2)(a)(ii) and 12) are not implementing specific Community obligations.

Regulation 11 requires the Agencies to provide certain information to one another, following notification, where waste is to be transported from England and Wales to Scotland or vice versa. Regulation 14 requires the Agencies to charge fees on supplying a code under regulation 4. The amount is generally £15 per consignment or round and £10 where the waste consists entirely of lead acid batteries. Rounds of low quantity fulfilling certain conditions attract no fees. Regulations 11 and 14 do not implement Community obligations.

Regulation 15 implements Article 4.3 of the Directive on the keeping of records by those consigning and carrying hazardous waste. They are both required to keep the documents for three years, although the Directive only requires carriers to keep records for at least twelve months. Together with regulation 16, it also implements the requirements of Article 2.1 of the Directive on the keeping of records for sites where hazardous waste is deposited.

Regulation 17 prohibits the mixing of special waste with other waste or other categories of special waste except where this is authorised under, or exempted from the effect of, certain other waste management legislation. This regulation is to implement Articles 2.2 and 2.3 of the Directive.

Regulation 18 makes failure to comply with the Regulations a criminal offence except for an Agency member, officer or employee. There is a defence for those who take certain steps in cases of emergency or grave danger. The Agencies are made responsible by regulation 19 for supervising activities and persons subject to the Regulations. Insofar as they relate to provisions which implement Community obligations (as stated in this Note), these provisions are part of that implementation because their purpose is to make the implementation effective.

Regulation 20 makes transitional provision for applications for certificates of technical competence under the Waste Management Licensing Regulations 1994 (S.I. 1994/1056 as amended) where such applications were made before 1st March 1997 where the applicant was licensed to deal with special waste before the change in definition made by these Regulations. This provision does not implement a Community obligation.

Regulations 21 to 26 and Schedule 3 make consequential amendments to, and revocations and saving in respect of, other legislation. Regulation 21 makes consequential amendment to regulations implementing Directive 85/337/EEC. Regulation 25 makes consequential amendment to the Waste Management Licensing Regulations 1994. Parts of those Regulations, in particular Schedule 4, implement Community obligations. Regulations 22, 23, 24 and 26 do not implement Community obligations.

A compliance cost assessment in respect of these Regulations may be obtained from Waste Policy Division (Branch 3), Department of the Environment, Room A 231, Romney House, 43 Marsham Street, London SW1P 3PY. A copy has been placed in the library of each of the Houses of Parliament.