Section 5.1 Incineration Section 5.1 IncinerationF1

In this section—

• F2“exempt hazardous waste incineration plant” means:

  1. (i)

     an incineration plant for animal carcases or remains;

  2. (ii)

     an incineration plant for infectious clinical waste, provided that such waste is not rendered hazardous as a result of the presence of constituents listed in F3Annex II to Directive 91/689/EEC on hazardous wasteSchedule 2 of the Hazardous Waste (England and Wales) Regulations 2005F4Schedule 2 of the Hazardous Waste (Wales) Regulations 2005 other than constituent C35 in that list (infectious substances); or

  3. (iii)

     a municipal waste incineration plant also burning infectious clinical waste which is not mixed with other wastes which are rendered hazardous as a result of one of the properties listed in F5Annex III to Directive 91/689/EECSchedule 3 of the Hazardous Waste (England and Wales) Regulations 2005F6Schedule 3 of the Hazardous Waste (Wales) Regulations 2005 other than property H9 in that list (infectious);

• “exempt incinerator” means any incinerator on premises where there is plant designed to F7incinerate waste, including animal remains at a rate of not more than 50 kgs per hour, not being an incinerator employed to incinerate clinical waste, sewage sludge, sewage screenings or municipal waste (as defined in Article I of EC Directive 89/369/EEC^f1); and for the purposes of this section, the weight of waste shall be determined by reference to its weight as fed into the incinerator;

• F8“hazardous waste” means any solid or liquid waste as defined in F9Article 1(4) of Directive 91/689/EECregulation 6 of the Hazardous Waste (England and Wales) Regulations 2005F10regulation 6 of the Hazardous Waste (Wales) Regulations 2005 but shall not include the following waste:

  1. (i)

     combustible liquid wastes, including waste oils as defined in Article 1 of Directive 75/439/EEC on the disposal of waste oils, provided that they meet the following three criteria:

     1. (a)

        the mass content of polychlorinated aromatic hydrocarbons, e.g. polychlorinated biphenyls or pentachlorinated phenol, amounts to concentrations not higher than those set out in the relevant Community legislation;

     2. (b)

        these wastes are not rendered hazardous by virtue of containing other constituents listed F11in Annex II to Directive 91/689/EECin Schedule 2 to the Hazardous Waste (England and Wales) Regulations 2005F12in Schedule 2 to the Hazardous Waste (Wales) Regulations 2005 in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Directive 75/442/EEC on waste; and

     3. (c)

        the net calorific value amounts to at least 30 MJ per kilogramme;

  2. (ii)

     any combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gas oil, as defined in Article 1(1) of Directive 75/716/EEC on the approximation of the laws of Member States relating to the sulphur content of certain liquid fuels or a higher concentration of emissions than those resulting from the combustion of gas oil as so defined;

  3. (iii)

     hazardous waste resulting from the exploration for and the exploitation of oil and gas resources from off-shore installations and incinerated on board;

  4. (iv)

     municipal waste covered by Directives 89/369/EEC on the prevention of air pollution from new municipal waste incineration plants and 89/429/EEC on the reduction of air pollution from existing municipal waste incineration plants;

  5. (v)

     sewage sludges from the treatment of municipal waste waters which are not rendered hazardous by virtue of containing constituents listed in Annex II to Directive 91/689/EECin Schedule 2 to the Hazardous Waste (England and Wales) Regulations 2005in Schedule 2 to the Hazardous Waste (Wales) Regulations 2005 in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in the Article 4 of Directive 75/442/EEC on waste;

• F13“incineration of hazardous waste in an incineration plant” means the incineration by oxidation of hazardous wastes, with or without recovery of the combustion heat generated, including pretreatment as well as pyrolysis or other thermal treatment processes, for example, plasma process, in so far as their products are subsequently incinerated, and includes the incineration of such wastes as a regular or additional fuel for any industrial process;

• F14“waste” means solid or liquid wastes or gaseous wastes (other than gas produced by biological degradation of waste); and

• F15“clinical waste” F16in the definition of exempt incinerator means waste (other than waste consisting wholly of animal remains) which falls within sub-paragraph (a) or (b) of the definition of such waste in paragraph (2) of regulation 1 of the Controlled Waste Regulations 1992 (or would fall within one of those sub-paragraphs but for paragraph (4) of that regulation).