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Regulation 20 Duty to separate mixed wastes

England and Wales

(1)

F1Paragraph (2) applies to the holder where—

(a)

the hazardous waste has been mixed other than under and in accordance with a waste permit F2..., whether by the holder or a previous holder; and

(b)

separation is both—

(i)

technically F3... feasible; and

(ii)

necessary in order to comply with the Waste Directive conditions.

(2)

The holder must make arrangements for separation of the waste to be carried out in accordance with a waste permit or registered exemption as soon as reasonably practicable.

F4(2A)

Where separation is not required pursuant to paragraph (2), the holder must make arrangements for mixed hazardous waste to be treated at a facility authorised by a waste permit to treat that waste.

(3)

In this Regulation “separation” means separation of a waste from any other waste, substance or material with which it has been mixed.

Annotations

Textual amendments

F1

Words in reg. 20(1) substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 9(5)(a)(i)

F2

Words in reg. 20(1)(a) omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 10 (with regs. 2, 47(2))

F3

Words in reg. 20(1)(b)(i) omitted (1.10.2020) by virtue of The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 9(5)(a)(ii)

F4

Reg. 20(2A) inserted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 9(5)(b)