Paragraph 13 Duty to carry out appropriate periodic inspectionsF1
Subject to sub-paragraphs (4) and (5), any establishment or undertaking
which carries out the recovery or disposal of controlled waste; or
which collects or transports controlled waste; or
which arranges for the recovery or disposal of controlled waste on behalf of others (dealers or brokers), F2...
producers of hazardous waste F3, and
which handles end-of-life vehicles (whether or not such vehicles have been de-polluted).
shall be subject to appropriate periodic inspections by the competent authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 44(1) and (2) of the 1997 Order (power to obtain information) shall have effect as if the provisions of this paragraph were provisions of Part II of that Order and as if, in those Articles, references to the Department or a district council were references to a competent authority.
Subject to sub-paragraph (4A) and (5), in the case of the exempt activities referred to in the first column of Table 14, the duty under sub-paragraph (1) shall be discharged by carrying out inspections set out in the second column of that table in respect of any place where the relevant exempted activity is carried on.
In respect of establishments and undertakings carrying out exempt activities set out in paragraphs 49, 50 and 51, periodic inspections in accordance with sub-paragraph (1) shall verify the type and quantities of waste to be treated, the general technical requirements to be complied with and the safety precautions to be taken.
Table 14
| Relevant exempt activityf1 | Inspections required |
|---|---|
(1) numbered by reference to the corresponding paragraph of Part I of Schedule 2 | |
| 9, 10 | An inspection shall be carried out at the time of treatment or, where that is not possible, not later than 4 weeks thereafter. |
| 11, 13, 19, 45, 46 | An initial inspection shall be carried out at the time when the exempt activity commences. Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months. |
| 47, 49, 50 and 51 | An initial inspection shall be carried out within two months of the receipt by the Department of the notification under Regulation 18(7). Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months. |
Annotations
Textual amendments
- F1
Sch. 3 substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 40 (with reg. 9(2))
- F2
Word in Sch. 3 Pt. 1 para. 13(1) 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. 3(12)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Word in Sch. 3 Pt. 1 para. 13(1)(d) substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 1 para. 3(12)(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Sch. 3 Pt. 1 para. 13(1)(e) inserted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 1 para. 3(12)(g)(iii); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Sch. 3 Pt. 1 para. 13(2) 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. 3(12)(g)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Footnotes
- f1
(1)
numbered by reference to the corresponding paragraph of Part I of Schedule 2