Schedule 3 AMENDMENTS TO THE WASTE MANAGEMENT LICENSING REGULATIONS 1994F1

For the definition of “special waste", substitute—

““special waste" has the meaning given by regulation 2 of the Special Waste Regulations 1996, except that it does not include radioactive waste within the meaning of the Radioactive Substances Act 1993;”.

At the end of paragraph (m) add—

“(n)

the Special Waste Regulations 1996”.

After paragraph (3), insert the following—

“(3A)

Paragraph (1) does not apply to the carrying on of an exempt activity insofar as it involves the carrying out, by an establishment or undertaking, of their own waste disposal at the place of production if the waste being disposed of is special waste.”.

(a)In paragraph 3(a)(ii) after “waste oil" insert “(including waste oil which is special waste)".

(b)In paragraph 3(c) after “waste oil", in the first place where those words appear, insert “(including waste oil which is special waste)".

(c)In paragraph 18(2)(b) add at the end “(including waste oil which is special waste)".

(d)For paragraph 28 substitute—

“28

The storage of returned goods that are waste, and the secure storage of returned goods that are special waste, pending recovery or disposal, for a period not exceeding one month, by their manufacturer, distributor or retailer.”

(a)At the end of paragraph 9 of Part I add—

“(9)

In subsection (1) of section 62, any reference to the treatment, keeping or disposal of such waste as is referred to in that subsection shall include a reference to submitting such waste to any of the operations listed in Part III or IV of this Schedule.

(10)

In subsection (2) of section 62, any reference to the treatment, keeping or disposal of special waste shall include a reference to submitting special waste to any of the operations listed in Part III or IV of this Schedule.”.

(b)In paragraph 13(1) of Part I after “(dealers or brokers),", insert “and producers of special waste,".

(c)At the end of paragraph 14(1)(b) of Part I add “or, in the case of special waste, to a previous holder; and for this purpose “holder", in respect of any such waste, means the producer or the person in possession of it".

(d)After paragraph 14(1) of Part I insert—

“(1A)

Where special waste is recovered or disposed of by an establishment or undertaking, it shall keep a record of the carrying out and supervision of the operation and, in the case of a disposal operation, of the after-care of the disposal site.”

(e)At the end of paragraph 14 of Part I M1 add—

“(4)

Subject to sub-paragraph (5) below, it shall be an offence for an establishment or undertaking to fail to comply with any of the foregoing provisions of this paragraph insofar as that provision imposes any requirement or obligation upon it.

(5)

Paragraph (2) of regulation 18 of the Special Waste Regulations 1996 (defence in cases of emergency etc.) shall apply to a person charged with an offence under sub-paragraph (4) above as it applies to a person charged with an offence under paragraph (1) of that regulation.

(6)

A person who, in purported compliance with a requirement to furnish any information imposed by or under any of the provisions of this paragraph, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.

(7)

A person who intentionally makes a false entry in any record required to be kept by virtue of any of the provisions of this paragraph commits an offence.

(8)

Paragraphs (5) to (9) of regulation 18 of the Special Waste Regulations 1996 (offence where act or default causes offence by another, offences by bodies corporate and penalties) shall apply to an offence under this paragraph as they apply to an offence under that regulation.”.

In Parts II and III, insert at the end of paragraph 3 of the guidance notes—

“the Special Waste Regulations 1996”.