Regulation 4 Entry of specified information into the digital waste tracking system by operator of permitted facility

(1)

This regulation applies when the operator of a permitted facility receives controlled waste at the permitted facility (but see paragraph (2)).

(2)

Paragraph (1) does not apply if—

(a)

the permitted facility is a place provided under arrangements made by a waste disposal authority^f1 under section 51(1)(b)^f2 as read with section 51(2)(a) of the 1990 Act; and

(b)

the controlled waste received at the permitted facility is deposited by a person resident—

(i)

in that waste disposal authority’s area^f3; or

(ii)

outside that waste disposal authority’s area under arrangements made by the waste disposal authority for the deposit of household waste under section 51(3) of the 1990 Act.

(3)

The operator must pay the digital waste tracking fee in accordance with regulation 5.

(4)

The operator must comply with the steps specified (“the specified steps”) in paragraph (5) for each load of controlled waste received at the permitted facility (but see paragraph (7)) by the deadline set out in paragraph (8).

(5)

The specified steps are to—

(a)

record in a digital waste record the information specified in Part 2 of Schedule 1 (“specified information”); and

(b)

check that the specified information in the digital waste record has been entered into the digital waste tracking system.

(6)

For the purposes of paragraph (5)(b), the requirement to check—

(a)

is satisfied if the operator receives the digital waste record number for the digital waste record in accordance with regulation 3(4)(b);

(b)

is not satisfied if the operator has not received that digital waste record number due to a failure by the operator to—

(i)

pay the digital waste tracking fee in accordance with regulation 5; or

(ii)

having received a digital message indicating an error, investigate and correct any error with the digital waste record or any error or omission in the specified information recorded in that digital waste record.

(7)

For the purposes of paragraph (4)—

(a)

where the controlled waste received consists of hazardous controlled waste accompanied by more than one consignment note completed in accordance with requirements in 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; and

(b)

where the controlled waste received consists of hazardous controlled waste delivered to the permitted facility by pipeline under a consignment note completed in accordance with requirements in 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.

(8)

For the purposes of paragraph (4), the deadline for completing the specified steps is the end of the second working day after the day on which the load of controlled waste or hazardous controlled waste is received (but see paragraph (9)) by the operator.

(9)

For the purposes of paragraph (8), 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; and

(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.

Annotations

Footnotes

f1: See section 30(2) of the 1990 Act for the meaning of “waste disposal authority”. Section 30(2)(a) to (e) lists local authorities that are, in relation to England, waste disposal authorities for the purposes of Part 2 of the 1990 Act.
f2: Section 51(1) has been amended by Part 4 of Schedule 5 to the Clean Neighbourhoods and Environment Act 2005 (c. 16).
f3: A waste disposal authority’s area is the area of the local authority making up that waste disposal authority. Maps of local authority’s boundaries can be found on the Office for National Statistics (ONS) Open Geography Portal website at https://geoportal.statistics.gov.uk/search?q=Administrative%20Maps.