OpenLegislation

Regulation 49 Producers', holders' and consignors' records

England and Wales

(1)

A producer or holder of hazardous waste, and where different from the producer F1or holder, a F2consignor or broker of, or dealer in, hazardous waste, must keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste.

(2)

Where the waste is transported the duty in paragraph (1) includes a requirement to keep a record of particulars sufficient to identify the carrier.

F3(3)

Any person required to keep a record by paragraph (1) must preserve it—

(a)

while the person is a holder of the waste or (if not a holder) has control of the waste; and

(b)

for 3 years after the date on which the waste is transferred to another person.

(4)

The information to be recorded pursuant to the foregoing provisions of this regulation must be recorded F4chronologically in a register kept by the producer, holderF5, dealer, broker or consignor, as the case may be, for the purpose.

(5)

The register required to be kept and retained by a producer, holderF6, dealer, broker or consignor under paragraph (4) of this regulation must be kept—

(a)

in relation to the register required to be kept by a producer or holder—

(i)

at the premises notified pursuant to regulation 24;

(ii)

if he or she no longer occupies those premises, at his or her principal place of business (or such other address as agreed with the F7NRBW for that purpose); or

(iii)

if no premises were notified in relation to the waste, at his or her principal place of business (or such other address as agreed with the NRBW for that purpose).

(b)

the register required to be kept by a F8dealer, broker or consignor other than the producer or holder must be kept at his or her principal place of business.

(6)

If the producer or holder ceases to occupy the notified premises before the period referred to in paragraph (3) expires, he or she must inform the F9NRBW forthwith.

Annotations

Textual amendments

F1

Words in reg. 49(1) inserted (18.11.2009) by The Hazardous Waste (Wales) (Amendment) Regulations 2009 (S.I. 2009/2861), regs. 1(1), 15

F2

Words in reg. 49(1) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 19(a)

F3

Reg. 49(3) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 19(b)

F4

Words in reg. 49(4) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 19(c)(ii)

F5

Words in reg. 49(4) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 19(c)(i)

F6

Words in reg. 49(5) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 19(d)(i)

F7

Word in reg. 49(5)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 5 para. 30(f) (with Sch. 7)

F8

Words in reg. 49(5) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 19(d)(ii)

F9

Word in reg. 49(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 5 para. 30(f) (with Sch. 7)