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Paragraph 5 Output material

(1)

Apart from the F1... waste material mentioned in sub-paragraph (2) and the specified output material mentioned in sub-paragraph (3), the operator of a materials facility must measure the total weight in tonnes of all other waste material that leaves the facility in each reporting period.

F2(2)

The operator of a materials facility must measure the total weight in tonnes of all waste material that leaves the facility in each reporting period that has been identified and kept apart as material to be transferred by the operator to another materials facility or person for the purpose of enabling that material to be prepared for re-use or recycling.

(3)

The operator of a materials facility must measure the total weight in tonnes of specified output material that leaves the facility in each reporting period.

(4)

The operator of a materials facility must take samples of the specified output material produced at that facility in a reporting period and measure the composition of those samples.

(5)

For the purpose of fulfilling the requirements in sub-paragraphs (3) and (4), the specified output material must, as a minimum, be identified by reference to the grade of glass, F3paper, card, aluminium, steel, plastic or fibre-based composite material making up each batch of specified output material.

(6)

For the purpose of sub-paragraph (4), measuring the composition of a sample taken by the operator means identifying the materials comprising that sample, by reference to—

(a)

the type of target material, non-target material and non-recyclable material that is contained in the sample,

F4(aa)

subject to sub-paragraph (6A), the type of packaging that is contained in each type of target material, non-target material and non-recyclable material identified in that sample, including by reference to drink containers as a type of packaging, and

(b)

the weight in kilograms of each type of target material, non-target material and non-recyclable material F5and each type of packaging that is so identified.

F6(6A)

Any glass that is identified in measuring the composition of a sample for the purpose of sub-paragraph (4) must be separately identified and weighed as a type of packaging in accordance with sub-paragraph (6)(aa) only where the operator is given written notice by the regulator of the requirement to do so, and any such notice—

(a)

must be given at least four weeks prior to the commencement of the reporting period in respect of which the measurements are to be taken, and

(b)

must specify the minimum number of samples for each supplier in respect of which the measurements are required.

(7)

F7Subject to sub-paragraph (7A) the samples mentioned in sub-paragraph (4) must be taken at a minimum frequency of once per the amount in tonnes that is specified in the second column of the following table, in relation to the type of F8... material that is mentioned in the first column—

... MaterialAmount
Glass50 tonnes
Paper60 tonnes
F9Card 60 tonnes
Metal F10(comprising aluminium, steel or both) 20 tonnes
Plastic15 tonnes
F11Fibre-based composite material 60 tonnes
F12(7A)

Where a sample contains more than one type of material, the applicable minimum frequency is to be determined by reference to the lowest figure in the second column of the table that is specified in relation to a material contained in the sample.

F13(8)

The minimum weight of any sample taken for the purposes of sub-paragraph (4) is—

(a)

10kg in relation to glass,

(b)

50kg in relation to paper,

(c)

50kg in relation to card,

(d)

10kg in relation to metal (comprising aluminium, steel or both),

(e)

20kg in relation to plastic, and

(f)

50kg in relation to fibre-based composite material,

and for these purposes any sample that contains more than one type of material is to be treated as though it comprised only the material to which the lowest sampling frequency applies as determined under sub-paragraph (7A).

(9)

For the purposes of sub-paragraph (5), the grade of a material means a description of that kind of material by reference to its particular material specification.

(10)

If the sample taken under sub-paragraph (4) contains material particles, they are deemed to comprise the proportions of F14the types of target materials, non-target materials, non-recyclable materials and packaging (including glass packaging where notice has been given under sub-paragraph (6A)) already identified as making up the other contents of that sample, and the weight of the material particles must be apportioned according to those proportions for that particular sample.

F15(11)

The operator of a materials facility must ensure that the composition of each sample taken for the purposes of this paragraph is representative of the materials comprising the batch of specified output material from which it is taken.

Annotations

Textual amendments

F1

Word in Sch. 9 Pt. 2 omitted (1.10.2024) by virtue of The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(2)

F2

Sch. 9 Pt. 2 para. 5(2) substituted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(a)

F3

Words in Sch. 9 Pt. 2 para. 5(5) substituted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(b)

F4

Sch. 9 Pt. 2 para. 5(6)(aa) inserted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(c)(i)

F5

Words in Sch. 9 Pt. 2 para. 5(6)(b) inserted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(c)(ii)

F6

Sch. 9 Pt. 2 para. 5(6A) inserted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(d)

F7

Words in Sch. 9 Pt. 2 para. 5(7) inserted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(e)(i)

F8

Word in Sch. 9 Pt. 2 para. 5(7) omitted (1.10.2024) by virtue of The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(e)(ii)

F9

Words in Sch. 9 Pt. 2 para. 5(7) Table inserted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(e)(iii)

F10

Words in Sch. 9 Pt. 2 para. 5(7) Table inserted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(e)(iv)

F11

Words in Sch. 9 Pt. 2 para. 5(7) Table inserted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(e)(v)

F12

Sch. 9 Pt. 2 para. 5(7A) inserted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(f)

F13

Sch. 9 Pt. 2 para. 5(8) substituted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(g)

F14

Words in Sch. 9 Pt. 2 para. 5(10) substituted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(h)

F15

Sch. 9 Pt. 2 para. 5(11) inserted (1.10.2024) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023 (S.I. 2023/1156), regs. 1(2), 2(8)(i)