Regulation 12 Obligation for operators of landfills to keep records and make returns

(1)

Subject to paragraph (2), an operator of a landfill must keep records containing the following information for each scheme year–

(a)

the weight in tonnes (rounded up to the nearest tonne) of each load of municipal waste accepted at the landfill;

(b)

the standard description of, and the appropriate code in the European Waste Catalogue for, the waste;

(c)

the area in which the municipal waste originated and the waste disposal authority for that area;

(d)

any treatment applied to the waste at the landfill before it is landfilled.

(2)

Where any waste has been sent to a landfill directly from a transfer station—

(a)

paragraph (1)(c) does not apply to that waste, but

(b)

the operator of the landfill must record the name of the transfer station.

(3)

The records under paragraphs (1) and (2)(b) must be kept for a period of two years beginning on the day after the day on which the reconciliation period for the scheme year ends.

(4)

An operator of a landfill must submit to the monitoring authority a return containing the information in paragraphs (1) and (2)(b) for each scheme year within 3 months of the end of that scheme year.

(5)

The monitoring authority, or a person authorised in writing by the monitoring authority, may by notice require an operator of a landfill—

(a)

to produce for inspection, or for removal for inspection elsewhere, records they are required to keep under paragraphs (1) and (2)(b); and

(b)

to do so in such form, at such reasonable place and within such reasonable time as is specified in the notice.

(6)

The monitoring authority, or a person authorised by the monitoring authority, may make copies of records produced under paragraph (5).

(7)

A person authorised in writing by the monitoring authority may enter at any reasonable time (and, if need be, by force) premises occupied by a person concerned in the operation of a landfill for the purposes of—

(a)

finding records which are required to be kept under paragraphs (1) and (2)(b),

(b)

inspecting them or removing them for inspection elsewhere,

(c)

copying them.

(8)

On entering any premises under paragraph (7), a person may take with him—

(a)

any other person duly authorised by the monitoring authority;

(b)

if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable;

(c)

any equipment or materials required for any purpose for which the power of entry is being exercised.

(9)

The power of the monitoring authority, or a person authorised by the monitoring authority, under paragraphs (5) to (7) includes power to require any person to afford such facilities and assistance—

(a)

within the person’s control, or

(b)

in relation to which the person has responsibilities,

as are necessary to enable the monitoring authority or an authorised person to exercise the power.

(10)

In this regulation—

“operator of a landfill” means the person who has control over the operation of the landfill; and
“transfer station” means a waste facility where the waste mentioned in paragraph (2) is unloaded only in order to permit the waste to be prepared for further transport for recovery, treatment or disposal elsewhere.