Regulation 8 Written record of specified information by digitally excluded operator of a permitted facility

(1)

This regulation applies when—

(a)

the operator of a permitted facility is a digitally excluded person (“digitally excluded operator”), and

(b)

the digitally excluded operator receives controlled waste at the permitted facility.

(2)

Paragraph (1) does not apply if the permitted facility is a place provided under arrangements made by a waste disposal authority under section 51(1)(b) of the 1990 Act and—

(a)

household waste is deposited by a person resident in the waste disposal authority’s area, or

(b)

the permitted facility is available for the deposit of household or other controlled waste by other persons under section 51(3) of the 1990 Act.

(3)

The digitally excluded operator—

(a)

is exempt from the requirements in regulations 4 to 7;

(b)

must—

(i)

make a written record of the specified information in respect of each load of controlled waste received at the permitted facility by the deadline set out in paragraph (5),

(ii)

include in the written record their digitally excluded operator number, and

(iii)

retain and make available the written record under regulation 12.

(4)

In paragraph (3)(b)(i)—

(a)

where the controlled waste consists of hazardous controlled waste that is accompanied by more than one consignment note completed under regulation 36 (standard procedure) of the 2005 Regulations, the hazardous controlled waste to which each consignment note relates is to be treated as one load;

(b)

where the controlled waste consists of hazardous controlled waste delivered to the permitted facility by pipeline under a consignment note completed under regulation 41 (removal of wastes by pipeline) of the 2005 Regulations, the hazardous controlled waste to which each consignment note relates is to be treated as one load.

(5)

In paragraph (3)(b)(i), the deadline for making the written record is 2 working days beginning with the day after the day on which the load of controlled waste or hazardous controlled waste is received by the digitally excluded operator.

(6)

But where the load of hazardous controlled waste is delivered by pipeline, the day of receipt is—

(a)

if the load is piped over the course of more than one day, the day on which the last of the piped load is received;

(b)

if the load is piped continuously—

(i)

the day recorded in the consignment note relating to that load as the end of the quarter, or

(ii)

where the piping stops before the day recorded in the consignment note relating to that load as the end of the quarter, the day on which the piping stops.