BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland


You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Hazardous Waste Regulations (Northern Ireland) 2005 No. 300
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050300.html

[New search] [Context] [Printable version] [Help]



STATUTORY RULES OF NORTHERN IRELAND


2005 No. 300

ENVIRONMENTAL PROTECTION

The Hazardous Waste Regulations (Northern Ireland) 2005

  Made 20th June 2005 
  Coming into operation 16th July 2005 


ARRANGEMENT OF REGULATIONS


PART 1

GENERAL
1. Citation and commencement
2. General interpretation
3. The Waste Directive and the meaning of waste
4. The Hazardous Waste Directive
5. The List of Wastes

PART 2

HAZARDOUS WASTE AND NON-HAZARDOUS WASTE
6. Hazardous waste
7. Non-hazardous waste

DETERMINATIONS
8. Determination that a waste is hazardous
9. Specific waste to be treated as hazardous
10. Specific waste to be treated as non-hazardous
11. Provisions common to regulations 9 and 10
12. Requisite bodies

PART 3

APPLICATION
13. Application to Domestic Asbestos Waste
14. Separately collected domestic fractions
15. Radioactive waste
16. Agricultural waste
17. Mines and quarries waste

PART 4

MIXING HAZARDOUS WASTE
18. Meaning of mixing hazardous waste
19. Prohibition on mixing hazardous waste without a permit
20. Duty to separate mixed hazardous waste

PART 5

MOVEMENT OF HAZARDOUS WASTE
21. General Duty in relation to packaging and labelling
22. Coding of consignments
23. Standard procedure
24. Cases in which pre-notification is not required
25. Procedure where pre-notification is not required
26. Schedule of carriers
27. Carrier's round
28. Removal of ships' wastes to reception facilities
29. Removal of ships' wastes other than to reception facilities
30. Removal of wastes by pipeline
31. Duty of consignee not accepting delivery of a consignment
32. Requirement for a new consignment note
33. Provisions as to furnishing of consignment notes
34. Duty to deliver consignment within time limit
35. Mutual recognition of consignment notes
36. Fees

PART 6

RECORDS, REGISTERS AND RETURNS
37. Registers of consignments
38. Producers', holders' and consignors' records
39. Site records
40. Records of hazardous waste recovered or received by treatment facilities and transfer stations
41. Consignee's return to the producer, holder or consignor

PART 7

ENFORCEMENT
42. Inspections
43. Offences
44. General duties on the holder in the event of an emergency or grave danger
45. Penalties
46. Fixed Penalties

PART 8

MISCELLANEOUS
47. Responsibilities of the Department
48. Revocations, Consequential Amendments and Savings

SCHEDULES

  Schedule 1 Annex I of the Hazardous Waste Directive — Categories or generic types of hazardous waste listed according to their nature or the activity which generated them

  Schedule 2 Annex II of the Hazardous Waste Directive — Constituents of the wastes in Annex I.B which render them hazardous when they have the properties described in Annex III

  Schedule 3 Annex III of the Hazardous Waste Directive — Properties of wastes which render them hazardous

  Schedule 4 Form of consignment note

  Schedule 5 Schedule of carriers

  Schedule 6 Carrier's schedule for carrier's round

  Schedule 7 Cross Border Movement of Hazardous Waste

  Schedule 8 Form of consignee's return to producer or holder

  Schedule 9 Form of Fixed Penalty Notices

  Schedule 10 Consequential Amendments

The Department of the Environment, being a department 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 on it by Articles 30, 48 and 77 of the Waste and Contaminated Land (Northern Ireland) Order 1997[3] and of all other powers enabling it in that behalf, hereby makes the following Regulations:



PART 1

GENERAL

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Hazardous Waste Regulations (Northern Ireland) 2005 and shall come into operation on 16th July 2005.

    (2) The Interpretation Act (Northern Ireland) 1954[
4] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

General interpretation
     2. —(1) In these Regulations—

    (2) A reference to the holder of waste—

    (3) 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.

The Waste Directive and the meaning of waste
     3. —(1) For the purposes of these Regulations—

    (2) In these Regulations, a reference to the Waste Directive conditions is a reference to the conditions laid down in Article 4 of that Directive, that is to say, to ensure that 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—

    (3) Except as provided for in Regulation 13 (domestic asbestos waste) and 14 (separately collected domestic fractions) these regulations do not apply to hazardous waste that is domestic waste.

The Hazardous Waste Directive
     4. —(1) In these Regulations, "the Hazardous Waste Directive" means Council Directive 91/689/EEC[22] of 31st December 1991 on hazardous waste, as amended by Council Directive 94/31/EC[23].

    (2) A reference in these Regulations to—

The List of Wastes
     5. In these Regulations—



PART 2

HAZARDOUS AND NON-HAZARDOUS WASTE

Meaning of hazardous waste
     6. Subject to regulation 10, a waste is a hazardous waste if it is for the time being—

and the term "hazardous" and cognate expressions shall be construed accordingly.

Meaning of non-hazardous waste
     7. The following are non-hazardous waste—

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

Determination that a waste is hazardous
    
8. —(1) Subject to the following provisions of this regulation, where it appears to the Department that, having regard to Annexes I, II and III and the limit values of concentration in the List of Wastes, there are reasonable grounds to suspect that a waste of a type listed, or falling within a type listed, in the List of Wastes as non-hazardous displays one or more hazardous properties, it may determine that, in Northern Ireland, such waste is a hazardous waste.

    (2) The Department may revoke a determination made under paragraph (1)[
30].

    (3) Before making a determination under paragraph (1) or revoking a determination under paragraph (2), the Department shall consult the requisite bodies, except where it considers it inappropriate to do so in any case on account of the nature of an emergency or grave danger.

    (4) The Department shall publish in such manner as it considers appropriate for the purpose of informing persons likely to be affected thereby, a notice of any determination made under paragraph (1) or revocation under paragraph (2), and the notice shall include—

and shall send a copy of the notice to the requisite bodies.

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

    (6) Where waste enters Northern Ireland from England, Scotland or Wales, a determination in force under this regulation shall apply to it notwithstanding that a determination to like effect is not in force in respect of England, Scotland or Wales, as the case may be.

Specific waste to be treated as hazardous
     9. —(1) Without prejudice to regulation 8, the Department, having regard to Annexes I, II and III and the limit values of concentration in the List of Wastes, may determine, in exceptional cases, that a specific waste produced in Northern Ireland and indicated in the List of Wastes as non-hazardous displays one or more of the hazardous properties, and accordingly that that waste is a hazardous waste.

    (2) A specific waste produced in England, Wales or Scotland and indicated in the List of Wastes as non-hazardous and which is for the time being determined to be hazardous, pursuant to Article 3 of the List of Wastes Decision, shall be treated for all purposes as hazardous waste in Northern Ireland.

Specific waste to be treated as non-hazardous
    
10. —(1) The Department may decide, in exceptional cases, on the basis of documentary evidence provided in an appropriate way by the holder, and having regard to Annexes I, II and III and the limit values of concentration in the List of Wastes, that a specific waste produced in Northern Ireland and indicated in the List as being hazardous does not display any of the properties listed in Annex III to the Hazardous Waste Directive.

    (2) A specific waste produced in England, Wales or Scotland and indicated in the List of Wastes as hazardous waste and which is for the time being determined to be non-hazardous pursuant to Article 3 of the List of Wastes Decision, shall be treated for all purposes as non-hazardous in Northern Ireland.

Provisions common to regulations 9 and 10
    
11. —(1) The Department may revoke a determination made under regulation 9 or 10.

    (2) The Department shall, before making a determination pursuant to regulation 9 or 10 or revoking such a determination, except where it considers it inappropriate to do so on account of the nature of any emergency or grave danger, consult—

    (3) The Department shall give notice of any determination or revocation made under regulation 9 or 10 to—

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

Requisite bodies
    
12. The "requisite bodies"[31] are—



PART 3

APPLICATION

Application of Regulations to domestic asbestos waste
     13. —(1) Subject to paragraphs (2) to (4) below and Regulation 14, these Regulations apply to hazardous waste including waste that was produced on or removed from premises in England, Scotland, Wales, or Gibraltar; or which is, or is to be, transported to a place in one of those jurisdictions, and to any consignment of waste transported on any ship in the internal waters and the territorial sea of the United Kingdom adjacent to Northern Ireland, whether or not the ship is registered in the United Kingdom, or if a United Kingdom registered ship, whether or not registered in Northern Ireland.

    (2) Except as provided for in paragraphs (3) and (4) below these regulations apply to domestic asbestos waste, except in so far as the Regulations would, apart from this paragraph, impose obligations on a person to whom paragraph (3) applies.

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

    (4) In the application of these Regulations to the asbestos waste—

    (5) These Regulations operate in relation to a domestic occupier who has engaged any person, other than a person mentioned in paragraph (3)(b), for the carrying out of any such activity so as to treat that person as the producer of the domestic asbestos waste to the exclusion of the occupier.

Separately collected domestic fractions
    
14. —(1) This regulation applies to separately collected domestic fractions, that is to say, hazardous waste which is—

    (2) For the purposes of paragraph (1), hazardous waste may be considered to be collected separately from the collection of other waste notwithstanding that it is collected at the same time or on the same vehicle or both, provided that the hazardous waste is not mixed with the other waste.

    (3) These Regulations apply to separately collected fractions, provided that—

Radioactive waste
    
15. —(1) This regulation applies where radioactive waste within the meaning of section 2 of the Radioactive Substances Act 1993[32]—

    (2) Notwithstanding regulation 3(1)(b)(ii), radioactive waste to which this regulation applies is treated as waste for the purposes of these Regulations, and accordingly it is treated as hazardous waste and these Regulations apply to that waste.

Agricultural waste
     16. —(1) These Regulations do not apply to agricultural waste before 1st September 2006, but apply on and after that date to agricultural waste whenever it became waste.

    (2) For the purpose of this regulation, "agricultural waste" means waste from premises used for agriculture within the meaning of the Agricultural Act (Northern Ireland) 1949[
33].

Mines and quarries waste
     17. These Regulations do not apply to waste from a mine or quarry[34] before 1st September 2006, but apply on and after that date to such waste whenever it became waste.



PART 4

MIXING HAZARDOUS WASTE

Meaning of mixing hazardous waste
     18. For the purposes of these Regulations, hazardous waste of any description shall be considered to have been mixed if it has been mixed with—

Prohibition on mixing hazardous waste without a permit
    
19. —(1) Subject to paragraphs (2) and (3), no establishment or undertaking which carries out the disposal or recovery of hazardous waste, or which produces, collects or transports hazardous waste, shall mix any hazardous waste.

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

Duty to separate mixed wastes
    
20. —(1) This regulation applies to the present holder where—

    (2) The obligated holder must make arrangements for separation of the waste to be effected by an authorised person (which may be himself) as soon as reasonably practicable.

    (3) For the purposes of these Regulations—



PART 5

MOVEMENT OF HAZARDOUS WASTE

Packaging and labelling

General duty in relation to packaging and labelling
    
21. —(1) In the course of its collection, transport and temporary storage, the consignor shall ensure that hazardous waste is properly packaged and labelled in accordance with the relevant international and European Community standards in force.

    (2) For the purposes of paragraph (1), the international and Community standards in force are taken to be—

Coding of consignments
    
22. —(1) Subject to paragraph (3), the Department shall assign or supply forthwith to any person, on request, for the purpose of assigning to a consignment of hazardous 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 Department need not assign or supply a code for a consignment or round until any fee required in respect of it under regulation 36 has been paid.

Standard procedure
    
23. —(1) Except in a case to which regulations 24, 27, 28, 29 or 30 applies, this regulation applies where a consignment of hazardous waste is to be removed from the premises at which it is being held, and any consignment of waste produced or held at premises in Northern Ireland (including rejected loads to which regulation 31 applies) can only be removed under a consignment note in the form set out in Schedule 4 to these regulations.

    (2) Before the consignment is removed—

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

    (4) Subject to regulation 31, on receiving the consignment the consignee shall—

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

Cases in which pre-notification is not required
    
24. —(1) For the purposes of regulation 25, except in a case to which regulation 27 applies, this regulation applies—

    (2) This regulation does not apply unless—

    (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—

Procedure where pre-notification is not required
     25. Paragraph (2), with the exception of sub-paragraph (b), and paragraphs (3) to (5) of regulation 23 shall apply in cases to which regulation 24 applies as if—

Schedule of Carriers
    
26. —(1) This regulation applies in all cases (whether under regulation 23, or any of regulations 27 to 31) where more than one carrier transports, or is to transport, the consignment.

    (2) Before the consignment is removed—

    (3) Where—

    (4) Where this regulation applies, other than in the case of a rejected consignment of hazardous waste under regulation 31, regulation 23 has effect as if—

Carrier's rounds
    
27. —(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—

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

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

    (4) The consignor shall, before the removal of waste from a site, complete on all the copies that part of the schedule indicated on it as for completion by him.

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

    (6) 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.

    (7) 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.

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

    (9) Subject to regulation 31, on receiving the waste collected on each round, the consignee shall—

    (10) The carrier shall retain the copies given to him in accordance with paragraph 9(c).

Removal of ships' waste to reception facilities
    
28. —(1) This regulation applies where hazardous waste (including excesses or spillage from loading or unloading, which have been accidentally spilled on land adjacent to the ship) is removed from any ship, whether or not a United Kingdom registered ship, in a harbour area to—

    (2) Before the waste is removed from the ship—

    (3) Subject to regulation 31, on receiving a consignment of hazardous waste the operator of the facilities shall—

Removal of ships' wastes other than to reception facilities
    
29. —(1) This regulation applies where hazardous waste is removed from any ship, whether or not a United Kingdom registered ship, in a harbour area other than in a case to which regulation 27 applies.

    (2) Before the consignment is removed—

    (3) Subject to regulation 31, on receiving the consignment the consignee shall—

Removal of wastes by pipeline
    
30. —(1) This regulation applies where hazardous waste is removed from any premises (other than a ship) on which it is produced or stored by pipeline other than in a case to which regulation 28 or 29 applies.

    (2) Before the waste is first piped, and, where the piping is continuous and exceeds one quarter in duration, at the commencement of each further quarter the producer, or holder, as the case may be, shall ensure that—

    (3) Part C shall not be completed.

    (4) Subject to regulation 31, the consignee shall complete Part E on each copy of the note, the application of which is modified as follows—

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

Duty of consignee not accepting delivery of a consignment
    
31. —(1) This regulation applies where the consignee does not accept delivery of a consignment of hazardous waste in whole or in part.

    (2) In a case to which this regulation applies the requirements of regulation 23(4), 27(9), 283), 29(3) or 30(4) (which relate to the duties of the consignee on acceptance of the consignment), as the case may be, shall not apply to the consignee in respect of the consignment, or part thereof, which has been rejected.

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

    (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 Department.

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

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

Requirement for a new consignment note
    
32. —(1) This regulation applies where, in accordance with regulation 31(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—

    (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)—

    (5) Subject to regulation 9, on receiving the consignment the consignee shall—

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

Provisions as to furnishing of consignment notes
    
33. —(1) Subject to paragraphs (2), (3) and (6), a copy of a consignment note required by regulation 23 or 27 to be furnished to the Department 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 27(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 Department within 72 hours before the removal where—

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

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

    (6) In reckoning any period of hours for the purposes of these Regulations, the hours of any—

shall be disregarded.

Duty to deliver consignment within time limit
     34. —(1) It is the duty of a carrier ordinarily to deliver the consignment to the consignee within one week of collection or in the case of a consignment under a carrier's round, in accordance with regulation 27 below, one week from the time of the last collection under the round.

    (2) Where it is not reasonably practicable to deliver the consignment to the consignee in accordance with the time limit in paragraph (1) above, the carrier shall inform the Department and it is the duty of the carrier to deliver the consignment to the consignee without due delay.

Mutual recognition of consignment notes
    
35. —(1) Nothing in regulations 23 to 34 shall apply in relation to shipments of waste to which the provisions of Council Regulation (EEC) No. 259/93[38], other than Title III of that Regulation, apply.

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

    (3) Where hazardous waste is produced in Northern Ireland, its transfer within the United Kingdom must be accompanied by a consignment note, in the form set out in Schedule 4 to these Regulations, and with a code provided by the Department.

Fees
     36. —(1) Subject to paragraph (2), in connection with the assignment or supply of a code for a consignment or a carrier's round in accordance with regulation 22(1), the Department shall require payment of a fee of—

    (2) The Department shall not require payment of a fee where the code is assigned or supplied in connection with—

    (3) Where the Department assigns or supplies a code under regulation 22(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 the Department within the period of two months beginning with the date on which the request was made.



PART 6

REGISTERS, RECORDS AND RETURNS

Registers of consignments
    
37. —(1) The following provisions of this regulation apply in relation to registers of consignments and, as appropriate, to other registers required to be kept under regulations 37 to 40.

    (2) Records must be made in a register kept for the purposes, and, insofar as is consistent with the provisions of regulations 37 to 40 and paragraph (3) of this regulation, registers may be kept in any form.

    (3) Producers, consignors, carriers, and consignees shall keep registers containing the information set out in paragraph (4).

    (4) A person who is required to keep a register shall enter in the register each copy of—

and, where a regulation requiring records to be kept is silent as to the length of time for which records are to be kept under these regulations, keep the copies on the register for not less than three years from the date on which the hazardous waste was first removed from the premises at which it was produced, or held, as the case may be.

    (5) Any register kept or retained under this regulation shall be produced on demand by and given up for inspection to the Department.

    (6) An establishment or undertaking to which hazardous waste is delivered for treatment or disposal, as the case may be, shall provide to the previous holder of the waste, or to the Department, on request, documentary evidence that the management operation concerned has been carried out, indicating the relevant operation where applicable in accordance with the numbering and description applicable in accordance with the list in Annex IIA or Annex IIB, as the case may be, of the Waste Directive.

    (7) A person who is required to retain any record shall at any time during the period in which the record is required to be retained (and without prejudice to any duty to send the record to the Department at the end of that period), produce that record, in any form reasonably required, to the Department or emergency services on request.

    (8) A producer, holder, consignor, carrier or consignee of hazardous waste shall supply to the Department on request such information as it may reasonably require for the purposes of performing its functions in connection with these Regulations and for the purposes of monitoring the production, movement, storage, recovery and disposal of hazardous waste.

Producers', holders' and consignors' records
    
38. —(1) A producer or holder of hazardous waste, and where different from the producer, a consignor of hazardous waste, shall keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste.

    (2) Where the waste is transported from the premises where it is produced or held by a person other than the producer or holder the duty in paragraph (1) includes a requirement to keep a record of particulars sufficient to identify that other person.

    (3) The producer or holder, as the case may be, shall preserve the records to be made pursuant to this regulation whilst he remains the holder of the waste and for at least three years commencing on the date on which the waste is transferred to another person.

    (4) The information to be recorded pursuant to the foregoing provisions of this regulation shall be recorded in a register kept by the producer or holder, as the case may be, for the purpose.

    (5) Except where paragraph (6) applies, the register required to be kept and retained by a producer or holder under paragraph (4) of this regulation shall be kept at the premises at which the hazardous waste was produced.

    (6) Where the period mentioned in paragraph (3) has not expired, for the remainder of that period the producer or holder shall keep the register at the producer's or holder's principal place of business where and only where:

and in either case he shall notify the Department forthwith.

    (7) Any register kept and retained under this regulation or shall be produced to and made available for inspection by the Department on request.

Site records
    
39. —(1) Any person who makes a deposit of hazardous waste whether by way of storage or disposal in or on any land shall record, as soon as is reasonably practicable and in any event within 24 hours, the location and identity of the waste as required by paragraphs (2) to (4) below, and shall keep such records until his permit is surrendered or revoked and shall then send the records to the Department.

    (2) Such records shall comprise either—

    (3) Deposits shall be identified by reference to the register of consignment notes kept under regulation 37, and shall contain a description of the composition of the waste including a reference to the six digit code in the List of Wastes save that where waste is disposed of—

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

Records of hazardous waste recovered or received by treatment facilities and transfer stations
    
40. —(1) Any person who—

or both shall record and identify any hazardous waste received in accordance with the following requirements of this regulation and regulation 37.

    (2) The waste shall be identified in the record by reference to the relevant description and six digit code in the List of Wastes, and the entry shall include a description of the composition of the waste.

    (3) The record shall include—

    (4) The record shall be updated as soon as reasonably practicable and in any event no later than 24 hours after—

    (5) A person who is required to make or retain records pursuant to this regulation shall—

Consignee's return to the producer, holder or consignor
    
41. —(1) Without prejudice to any duty under these Regulations on the part of the consignee to send any document or copy thereof to the producer, holder or consignor, a consignee shall send—

    (2) Where regulation 31 (duty of consignee not accepting delivery) applies, this regulation does not apply to the consignment or part concerned.

    (3) Where the consignee is required to make a return in accordance with sub-paragraph 1 above, that return may be completed electronically or by other similar means of transmission.



PART 7

ENFORCEMENT

Inspections
    
42. —(1) Any establishment or undertaking which produces hazardous waste shall be subject to appropriate periodic inspections by the Department.

    (2) The Department shall carry out appropriate periodic inspections of collection and transport operations (including operations where the hazardous waste is transported following transfer between different carriers) as required pursuant to Article 13 of the Waste Directive and without prejudice to the generality of the requirement to conduct such inspections to conduct the inspections so that they cover more particularly the origin and destination of the hazardous waste.

    (3) It is the duty of the Department to carry out such inspections together with 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.

Offences
    
43. —(1) Subject to paragraph (2) and (3), it shall be an offence for a person to fail to comply with a requirement imposed on that person by or under Parts 4, 5, 6 and 7 of these Regulations.

    (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—

    (3) It shall be a defence for a person charged with an offence under this regulation to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

    (4) A person who, in purported compliance with a requirement imposed by or under any of the foregoing provisions 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.

    (5) 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.

    (6) 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.

    (7) 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.

General duties on the holder in the event of an emergency or grave danger
    
44. —(1) In cases of emergency or grave danger, the holder of the hazardous waste shall—

    (2) For the purposes of paragraph (1) an act or omission may be considered lawful notwithstanding that it would, apart from this regulation, constitute a breach of these Regulations.

    (3) Where the holder of hazardous waste knows or has reasonable grounds to believe that an emergency or grave danger has arisen, he has the duty to notify the Department as soon as reasonably practicable of the circumstances.

    (4) Where the holder takes any step in compliance with paragraph (1), he shall, save where such step has completely averted the emergency or grave danger, notify the Department as soon as reasonably practicable; and for the purposes of this paragraph, an emergency or grave danger shall not be considered to have been completely averted if any release has taken place of a substance or object which is, or which there are reasonable grounds to believe is, hazardous waste, whether or not the holder believes he has completely destroyed, retrieved or rendered harmless the substance or object.

    (5) In the event of notification pursuant to paragraph (3) or (4) being made orally, the holder shall confirm in writing to the Department the matters notified within seven calendar days of the oral notification.

    (6) For the purposes of this regulation—

Penalties
    
45. Subject to regulation 43(2) and (3) and 44, a person who commits an offence under this regulation shall be liable—

Fixed penalties
    
46. —(1) Where an authorised person acting on behalf of the Department has reason to believe that a person has committed an offence under regulation 43(1) to which this regulation applies, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

    (2) This regulation applies to an offence consisting of a failure to comply with any requirement of any of the following regulations—

    (3) Where a person is given a notice under this regulation in respect of an offence—

    (4) A notice under this regulation shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—

    (5) Where a letter is sent in accordance with paragraph (4) payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

    (6) A fixed penalty notice issued pursuant to this section shall be in the form set out in Schedule 9.

    (7) The fixed penalty payable in pursuance of a notice under this regulation shall be £200.

    (8) In any proceedings a certificate which—

shall be evidence of the facts stated.



PART 8

MISCELLANEOUS

Responsibilities of the Department
    
47. —(1) It is the duty of the Department to enforce these Regulations and to supervise the persons and activities subject to any provision of these Regulations.

    (2) In preparing any waste strategy under Article 19 of the 1997 Order, and in modifying that strategy in accordance with Article 19(2), and in accordance with Article 7 of the Waste Directive and Article 6(1) of the Hazardous Waste Directive, the Department shall ensure that the content of the strategy under Article 19(3) addresses specifically plans for the management of hazardous waste, supported, as required by consultation and surveys under Article 19(4) and (5), and such plans shall be made public in such manner as appears to the Department to be appropriate.

Revocations, Consequential Amendments and Savings
    
48. —(1) The Special Waste Regulations (Northern Ireland) 1998[39] are hereby revoked.

    (2) Schedule 10 (which makes consequential amendments to the 1997 Order in Part 1 and to secondary legislation in Part 2) has effect.

    (3) Subject to paragraph (4), the 1998 Regulations shall continue to have effect in relation to any hazardous waste in respect of which the consignment note (within the meaning of those Regulations) has been generated, in accordance with regulation 5 of those Regulations, before the coming into operation of these Regulations.

    (4) In the event that a consignment of hazardous waste under a consignment note issued under the 1998 Regulations is refused or rejected by the consignee, and these Regulations have taken effect since the issue of that consignment note, notwithstanding paragraph (3) above, a new consignment note shall be issued in accordance with these Regulations.

    (5) The requirements of Regulation 39(1) ("site records") apply equally to records kept under the Special Waste Regulations 1998, notwithstanding paragraph (1) above.

    (6) Consignment notes issued under the 1998 Regulations shall cease to have effect on 16th August 2005 and will not be valid for use on or after this date.



Sealed with the Official Seal of the Department of the Environment on


20th June 2005.

L.S.


Ian Maye
A senior officer of the Department of the Environment


SCHEDULE 1
Regulation 4(2)(a)(i)


ANNEX I OF THE HAZARDOUS WASTE DIRECTIVE




“ANNEX I”

CATEGORIES OR GENERIC TYPES OF HAZARDOUS WASTE LISTED ACCORDING TO THEIR NATURE OF THE ACTIVITY WHICH GENERATED THEM (*) (WASTE MAY BE LIQUID, SLUDGE OR SOLID IN FORM)

ANNEX I.A

Wastes displaying any of the properties listed in Annex III and which consist of:

     1. anatomical substances; hospital and other clinical wastes;

     2. pharmaceuticals, medicines and veterinary compounds;

     3. wood preservatives;

     4. biocides and phyto-pharmaceutical substances;

     5. residue from substances employed as solvents;

     6. halogenated organic substances not employed as solvents excluding inert polymerized materials;

     7. tempering salts containing cyanides;

     8. mineral oils and oily substances (e.g. cutting sludges, etc.);

     9. oil/water, hydrocarbon/water mixtures, emulsions;

     10. substances containing PCBs and/or PCTs (e.g. dielectrics etc.);

     11. tarry materials arising from refining, distillation and any pyrolytic treatment (e.g. still bottoms, etc.);

     12. inks, dyes, pigments, paints, lacquers, varnishes;

     13. resins, latex, plasticizers, glues/adhesives;

     14. chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known (e.g. laboratory residues, etc.);

     15. pyrotechnics and other explosive materials;

     16. photographic chemicals and processing materials;

     17. any material contaminated with any congener of polychlorinated dibenzofuran;

     18. any material contaminated with any congener of polychlorinated dibenzo-p-dioxin.

ANNEX I.B

Wastes which contain any of the constituents listed in Annex II and having any of the properties listed in Annex III and consisting of:

     19. animal or vegetable soaps, fats, waxes;

     20. non-halogenated organic substances not employed as solvents;

     21. inorganic substances without metals or metal compounds;

     22. ashes and/or cinders;

     23. soil, sand, clay including dredging spoils;

     24. non-cyanidic tempering salts;

     25. metallic dust, powder;

     26. spent catalyst materials;

     27. liquids or sludges containing metals or metal compounds;

     28. residue from pollution control operations (e.g. baghouse dusts, etc.) except (29), (30) and (33);

     29. scrubber sludges;

     30. sludges from water purification plants;

     31. decarbonization residue;

     32. ion-exchange column residue;

     33. sewage sludges, untreated or unsuitable for use in agriculture;

     34. residue from cleaning of tanks and/or equipment;

     35. contaminated equipment;

     36. contaminated containers (e.g. packaging, gas cylinders, etc.) whose contents included one or more of the constituents listed in Annex II;

     37. batteries and other electrical cells;

     38. vegetable oils;

     39. materials resulting from selective waste collections from households and which exhibit any of the characteristics listed in Annex III;

     40. any other wastes which contain any of the constituents listed in Annex II and any of the properties listed in Annex III.

* Certain duplications within this Annex are intentional.



SCHEDULE 2
Regulation 4(2)(a)(ii)


ANNEX II OF THE HAZARDOUS WASTE DIRECTIVE




“ANNEX II”

CONSTITUENTS OF THE WASTES IN ANNEX I.B WHICH RENDER THEM HAZARDOUS WHEN THEY HAVE THE PROPERTIES DESCRIBED IN ANNEX III (*)

Wastes having as constituents:

C1 beryllium; beryllium compounds;
C2 vanadium compounds;
C3 chromium (VI) compounds;
C4 cobalt compounds;
C5 nickel compounds;
C6 copper compounds;
C7 zinc compounds;
C8 arsenic; arsenic compounds;
C9 selenium; selenium compounds;
C10 silver compounds;
C11 cadmium; cadmium compounds;
C12 tin compounds;
C13 antimony; antimony compounds;
C14 tellurium; tellurium compounds;
C15 barium compounds; excluding barium sulfate;
C16 mercury; mercury compounds;
C17 thallium; thallium compounds;
C18 lead; lead compounds;
C19 inorganic sulphides;
C20 inorganic fluorine compounds, excluding calcium fluoride;
C21 inorganic cyanides;
C22 the following alkaline or alkaline earth metals: lithium, sodium, potassium, calcium, magnesium in uncombined form;
C23 acidic solutions or acids in solid form;
C24 basic solutions or bases in solid form;
C25 asbestos (dust and fibres);
C26 phosphorus: phosphorus compounds, excluding mineral phosphates;
C27 metal carbonyls;
C28 peroxides;
C29 chlorates;
C30 perchlorates;
C31 azides;
C32 PCBs and/or PCTs;
C33 pharmaceutical or veterinary compounds;
C34 biocides and phyto-pharmaceutical substances (e.g. pesticides, etc.);
C35 infectious substances;
C36 creosotes;
C37 isocyanates; thiocyanates;
C38 organic cyanides (e.g. nitriles, etc.);
C39 phenols; phenol compounds;
C40 halogenated solvents;
C41 organic solvents, excluding halogenated solvents;
C42 organohalogen compounds, excluding inert polymerized materials and other substances referred to in this Annex;
C43 aromatic compounds; polycyclic and heterocyclic organic compounds;
C44 aliphatic amines;
C45 aromatic amines
C46 ethers;
C47 substances of an explosive character, excluding those listed elsewhere in this Annex;
C48 sulphur organic compounds;
C49 any congener of polychlorinated dibenzo-furan;
C50 any congener of polychlorinated dibenzo-p-dioxin;
C51 hydrocarbons and their oxygen; nitrogen and/or sulphur compounds not otherwise taken into account in this Annex.

* Certain duplications of generic types of hazardous wastes listed in Annex I are intentional.



SCHEDULE 3
Regulation 4(2)(a)(iii)


ANNEX III OF THE HAZARDOUS WASTE DIRECTIVE




“ANNEX III”

PROPERTIES OF WASTES WHICH RENDER THEM HAZARDOUS

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 contacts.
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.

Notes

     1. Attribution of the hazard properties "toxic" (and "very toxic"), "harmful", "corrosive" and "irritant" is made on the basis of the criteria laid down by Annex VI, Part IA and Part IIB, of Council Directive 67/548/EEC of 27th June 1967 of the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances[
40], in the version as amended by Council Directive 79/831/EEC[41].

     2. With regard to attribution of the properties "carcinogenic", "teratogenic" and "mutagenic", and reflecting the most recent findings, additional criteria are contained in the Guide to the classification and labelling of dangerous substances and preparations of Annex VI (Part IID) to Directive 67/548/EEC in the version as amended by Commission Directive 83/467/EEC (1).

Test methods

The test methods serve to give specific meaning to the definitions given in Annex III. The methods to be used are those described in Annex V to Directive 67/548/EEC, in the version as amended by Commission Directive 84/449/EEC (2), or by subsequent Commission Directives adapting Directive 67/548/EEC to technical progress. These methods are themselves based on the work and recommendations of the competent international bodies, in particular the OECD.



SCHEDULE 4
Regulation 23(1)


FORM OF CONSIGNMENT NOTE


Hazardous Waste Regulations (Northern Ireland) 2005



           Consignment Note No._____________________
No. of prenotice (if different) ________________________ Sheet __________ of ___________________
A. CONSIGNMENT DETAILS PLEASE TICK IF YOU ARE A TRANSFER STATION □

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

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

     3. The consignment(s) will be: one single □ a succession □ carrier's round □ other □

     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) □

     1. The process giving rise to waste is:

     2. SIC for the process giving rise to the waste:

WASTE DETAILS (where more than one waste type is collected all of the information given below must be completed for each EWC identified).

The waste is:

List of Wastes (EWC) Code (6 digits): Quantity (kg/lts/tonnes) The chemical/biological components of the waste and their concentrations are Physical (gas, liquid solid, powder Hazard code(s) Container type, no & sixe
                      Component Concentration (% or mg/kg)                        
                                                                   

C. CARRIER'S CERTIFICATE if more than one carrier is used attach Schedule for subsequent carriers. If carrier schedule is attached tick box □ I certify that I today collected the consignment and that the details in A1, A2 and B1 above are correct and I have been advised of any specific handling requirements. The quantity collected in the load is:

Name___________________________ On behalf of __________________________________ (company)

_______________________________ (name address and post code) Telephone No: ______________________

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. All of the waste is packaged and labelled correctly and the carrier has been advised of any special handling requirements.

Name __________________________ On behalf of __________________________________ (company)

_______________________________ (name address and post code) Telephone No: ________________________

Signature _____________________ Date________________ at __________ hrs.

E. CONSIGNEE'S CERTIFICATE where more that one waste type is collected all of the information given below must be completed for each EWC

Individual EWC code(s) received Quantity of each EWC code received (kg) Waste Management operation (R or D code)
                                
                                

     1. I received this waste at the address given in A2 on at hrs. ______________________

     2. Vehicle registration no. _______________________

I certify that waste management licence/permit/authorised exemption No. authorises the management of the waste described in B at the address given in A2.

Name____________________________ On behalf of ________________________ (company)

________________________________ (name address and post code) Telephone No: ______________

Signature ______________________ Date ______________ at ______________ hrs.

* 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. L194, 25.7.1975, p. 39), as amended.



SCHEDULE 5
Regulation 26(2)


SCHEDULE OF CARRIERS


SECOND CARRIER'S CERTIFICATE

I certify that [enter details as appropriate] carrier transferred the waste identified in B3 of (Consignment Note No:... ) to me today for onward transportation to another carrier/the consignee listed in A2 (delete as appropriate). The quantity collected in the load is: _______________________

     1. Carrier registration No/reason for exemption: _______________________

     2. Vehicle registration No (or mode of transport if not road): ―

THIRD CARRIER'S CERTIFICATE

I certify that [enter details as appropriate] carrier transferred the waste identified in B3 of (Consignment Note No:...) to me today for onward transportation to another carrier/the consignee listed in A2 (delete as appropriate). The quantity collected in the load is:

Name_______________________ On behalf of _______________________ (company)

_______________________ (name address and post code) Telephone No: _______________________

     1. Carrier registration No/reason for exemption: _______________________

     2. Vehicle registration No (or mode of transport if not road): _______________________

FOURTH CARRIER'S CERTIFICATE

I certify that [enter details as appropriate] carrier transferred the waste identified in B3 of (Consignment Note No: . . . . . . . . . . . . . . . . . . . .) to me today for onward transportation to another carrier/the consignee listed in A2 (delete as appropriate). The quantity collected in the load is:

Name_______________________ On behalf of _______________________ (company)

_______________________ (name address and post code) Telephone No: _______________________

Signature _______________________ Date _______________________ at _______________________ hrs.

     1. Carrier registration No/reason for exemption: _______________________

     2. Vehicle registration No (or mode of transport if not road): _______________________



SCHEDULE 6
Regulation 27(2)(b)


CARRIERS' SCHEDULE FOR CARRIER'S ROUND


Consignment Code Name, address & postcode of premises from which waste was removed List of Wastes Hazards Physical form Quantity (kgs)
                                                                 

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

Name: ________________ (Consignor)

Signature: ________________

Date: ________________

I certify that today I collected the quantity of waste given on this part of the schedule from the address 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.

Name ________________ (Carrier)

Signature: ________________

Date ________________ at ________________ hrs.


Consignment Code Name, address & postcode of premises from which waste was removed List of Wastes (EWC) Codes Hazards Physical form Quantity (kgs)
                                                                 

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

Name: ________________ (Consignor)

Signature: ________________

Date: ________________

I certify that today I collected the quantity of waste given on this part of the schedule from the address 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.

Name ________________ (Carrier)

Signature: ________________

Date ________________ at ________________ hrs.


Consignment Code Name, address & postcode of premises from which waste was removed List of Wastes (EWC) Codes Hazards Physical form Quantity (kgs)
                                                                 

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

Name:________________ (Consignor)

Signature: ________________

Date: ________________

I certify that today I collected the quantity of waste given on this part of the schedule from the address 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.

Name ________________ (Carrier)

Signature: ________________

Date ________________ at ________________ hrs.




SCHEDULE 7
Regulation 35(2)


CROSS BORDER MOVEMENT OF HAZARDOUS WASTE


Mutual recognition of consignment notes
     1. Where hazardous waste has been removed from premises situated in England, Scotland, Wales, or Gibraltar and is transported into Northern Ireland, any consignment note that accompanies that hazardous waste and which either contains or purports to contain the same information in substantially the same format as that set out in either of the notes referred to in subsections (a) or (b) below, 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:

     2. Where hazardous waste has been removed from premises situated in England, Scotland, Wales, or Gibraltar and is transported into Northern Ireland, any reference to "special waste" in the consignment note which accompanies the hazardous waste shall for the purposes of these Regulations be deemed to be a reference to "hazardous waste" and any reference to the "EWC Code" shall have effect as if it were a reference to the "List of Wastes Code".

     3. Any obligation under these Regulations on the producer, holder, consignor, carrier or consignee to complete the relevant part of the consignment note shall be construed as a requirement to complete the equivalent part of any consignment note travelling with any consignment removed from premises in England, Scotland or Wales and transported into Northern Ireland.

General Provisions relating to England, Scotland and Wales
     4. The obligations on the consignee and carrier in regulation 31 (duty of consignee not accepting delivery) shall have effect notwithstanding that the consignment of hazardous waste is from premises situated in England, Scotland or Wales and for the avoidance of doubt this shall include:

     5. Where a consignment of hazardous waste is rejected by a consignee in England, Scotland or Wales the obligations on the producer, holder or consignor contained in regulations 31 (duty of consignee not accepting delivery) applies in relation to that consignment to the extent that the law applicable in England, Scotland or Wales imposes substantially similar obligations on the producer, holder or consignor.

Provisions relating to England, Scotland and Wales
     6. Where a consignment of hazardous waste is to be removed from any premises in Northern Ireland and is to be transported and consigned to a consignee in either England, Scotland or Wales, before any such consignment is removed—

     7. Where a carrier makes a multiple collection of hazardous waste in accordance with regulation 24, and the waste is consigned to a consignee in England, Scotland or Wales, he shall before the first collection—

     8. Where a consignment of hazardous waste is transported from England, Scotland or Wales to premises situated in Northern Ireland the consignee shall send a copy of the consignment note to either the Environment Agency (where the waste is to be consigned from England or Wales) or to the Scottish Environment Protection Agency (where the waste is to be consigned from Scotland) within the timeframe specified by regulation 34(1).



SCHEDULE 8
Regulation 41(1)(a)


FORM OF CONSIGNEE'S RETURN TO PRODUCER OR HOLDER


Hazardous waste producer returns form
     1. Consignee details

Name and address of consignee Postcode Waste management licence/ permit/authorised exemption no: Date(a)
                                           

     2. Waste return

Consignment note number Date received Vehicle Registration No: EWC Code(s)(b) Quantity received Mode of disposal/recovery(c)
                                                                 
                                                                 

Code Disposal operation
D01 Deposit into or onto land
D02 Land Treatment
D03 Deep injection
D04 Surface impoundment
D05 Specially engineered landfill
D06 Release into a water body except seas/oceans
D07 Release into seas/oceans including seabed insertion
D08 Biological treatment not specified elsewhere which results in final compounds or mixtures which are disposed of by any of the operations numbered D01 to D12
D09 Physic-chemical treatment not specified elsewhere which results in final compounds or mixtures which are disposed of by any of the operations numbered D01 to D12
D10 Incineration on land
D11 Incineration at sea
D12 Permanent storage
D13 Blending or mixing prior to submission to any of the operations numbered D01 to D12
D14 Repackaging prior to submission to any of the operations numbered D01 to D12
D15 Storage pending any of the operations numbered D01 to D14 (excluding temporary storage, pending collection, on the site where it is produced).

           Recovery operation
R01 Use principally as a fuel or other means to generate energy
R02 Solvent reclamation/regeneration
R03 Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes)
R04 Recycling/reclamation of metals and metal compounds
R05 Recycling/reclamation of other inorganic materials
R06 Regeneration of acids or bases
R07 Recovery of components used for pollution abatement
R08 Recovery of components from catalysts
R09 Oil refining or other re-uses of oil
R10 Land treatment resulting in benefit to agriculture or ecological improvement
R11 Use of wastes obtained from any of the operations numbered R01 to R11
R12 Exchange of wastes for submission to any of the operations numbered R01 to R11
R13 Storage of wastes pending any of the operations numbered R01 to R12 (excluding temporary storage, pending collection, on the site where it is produced).




BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050300.html