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^f1 (“digitally excluded operator”); and

(b)

the digitally excluded operator 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 under section 51(1)(b) 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; 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 digitally excluded operator—

(a)

is exempt from the requirements in regulations 4 to 7;

(b)

must—

(i)

make a written record of specified information about each load of controlled waste received at the permitted facility (but see paragraph (4)) by the deadline set out in paragraph (5);

(ii)

include in the written record their digitally excluded number; and

(iii)

retain and make available the written record in accordance with regulation 12.

(4)

For the purposes of paragraph (3)(b)(i)—

(a)

where the load of controlled waste received consists of hazardous controlled waste that is 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 load of 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.

(5)

For the purposes of paragraph (3)(b)(i), the deadline for making the written record 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 (6)) by the digitally excluded operator.

(6)

For the purposes of paragraph (5), 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.

(7)

In this regulation, a “digitally excluded number” means the unique identifying number assigned to a digitally excluded operator by—

(a)

the Agency in accordance with regulation 9(2)(a);

(b)

the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in accordance with any provisions made by that Department under article 5G(6) of the Waste and Contaminated Land (Northern Ireland) Order 1997^f2;

(c)

the Natural Resources Body for Wales in accordance with any provisions made by Welsh Ministers under section 34CA(6) of the 1990 Act; or

(d)

the Scottish Environment Protection Agency in accordance with any provisions made by Scottish Ministers under section 34CA(6) of the 1990 Act.

Annotations

Footnotes

f1: See section 34CA(12) of the 1990 Act for the meaning of “digitally excluded person”.
f2: S.I. 1997/2778 (N.I. 19). Article 5G was inserted by section 59(2) of the Environment Act 2021.