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Regulation 19 Prohibition on mixing hazardous waste without a permitF1

Northern Ireland

(1)

Subject to paragraphs F2(2) to (5) , no establishment or undertaking which carries out the disposal or recovery of hazardous waste, or which produces, collects or transports hazardous waste, shall mix any hazardous waste.

(2)

The prohibition in paragraph (1) shall not apply so as to prohibit a process by which waste is produced and which results in the production of mixed wastes, being a process other than one which mixes a waste with any other waste substance or material, resulting in—

(a)

a change in the nature or composition of that waste; or

(b)

the production of another waste.

(3)

Paragraph (1) above shall not apply to the extent that the mixing is authorised by and is in compliance with the conditions of a permit.

(4)

Paragraph (1) above shall not apply to the extent that the mixing occurs in relation to the storage of waste portable batteries or accumulators at a collection point where “collection point” means a place where end-users are able to deposit waste portable batteries or accumulators at the premises of a distributor F3... .

F4(5)

Paragraph (1) applies to the mixing of waste oils only where such mixing would impede the regeneration or another recycling operation delivering an equivalent or a better overall environment outcome than regeneration.

(6)

Any mixing of hazardous waste in accordance with paragraphs (2), (3), (4) or (5)—

(a)

shall comply with F5the Waste Framework Directive conditions, and ensure that any adverse impact of the waste management on human health and the environment is not increased; and

(b)

shall conform to best available techniques.

Annotations

Textual amendments

F1

Reg. 19 substituted (20.5.2009) by The Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009 (S.R. 2009/159), regs. 1, 5(2)

F2

Words in reg. 19(1) substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 53(1) (with reg. 9(2))

F3

Words in reg. 19(4) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 1 para. 6(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4

Reg. 19(5) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 7(5)

F5

Words in reg. 19(6)(b) substituted (31/12/2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I 2019/289), regs. 1, sch. 1 para 6(7)(b)