Paragraph 14 Record keepingF1
Subject to any requirements to keep records under regulation 19 and sub-paragraph (2), an establishment or undertaking which carries out the disposal or recovery of controlled waste shall—
if the operation does not involve the treatment of hazardous waste—
keep a chronological record for a period of 2 years of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of any waste which is disposed of or recovered; and
make that information available, on request, to the competent authority.
if the operation involves the treatment of hazardous waste—
keep a chronological record for a period of 3 years of the quantity, nature, origin of the waste and the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations and, where relevant, the destination, frequency of collection, mode of transport and treatment method of any waste which is disposed of or recovered;
during that period, provide those records to the competent authority in such form and manner as the competent authority specifies; and
make that information available, on request, 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.
Where hazardous waste is recovered or disposed of by an establishment or undertaking, it shall keep a record of the carrying out and supervision of the relevant operation and, in the case of a disposal operation, of the after-care of the disposal site.
Subject to sub-paragraph (4), sub-paragraph (1) does not apply where the disposal or recovery of the waste is covered by an exemption, conferred by—
regulation 17(1) and Part I of Schedule 2;
Article 3 of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995; or
an exemption for a licence under Part 4 of the Marine and Coastal Access Act 2009.
Sub-paragraph (1) does apply to an activity subject to an exemption conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 45, F346, 47A or 49 of Part I of Schedule 2.
Subject to sub-paragraph (6), 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.
Paragraph (2) of regulation 43 of the Hazardous Waste Regulations (Northern Ireland) 2005 (defence in cases of emergency, etc.) shall apply to a person charged with an offence under sub-paragraph (5) as it applies to a person charged with an offence under paragraph (1) of that regulation.
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 that person 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.
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.
Regulation 43(6) of the Hazardous Waste Regulations (Northern Ireland) 2005 (Offence where act or default causes offence by another) shall apply to an offence under this paragraph as it applies to an offence under that regulation
Subject to sub-paragraph (11), a person guilty of an offence under this paragraph shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum; or
on conviction or indictment to a fine or to imprisonment for a term not exceeding two years or both.
A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale if that offence is related to exempt activities conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 46, or 47A of Part I of Schedule 2.
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
Sch. 3 Pt. 1 para. 14(1) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 4(4)(b)(i)
- F3
Words in Sch. 3 Pt. 1 para. 14(4) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 4(4)(b)(ii)