| |
STATUTORY INSTRUMENTS
1992 No. 588
ENVIRONMENTAL PROTECTION
The Controlled Waste Regulations 1992
| Laid before Parliament |
10th March 1992 |
| Coming into force |
1st April 1992 |
The Secretary of State for the Environment as respects England, the
Secretary of State for Wales as respects Wales and the Secretary of
State for Scotland as respects Scotland, in exercise of powers conferred
on them by sections 1(3)(a), 8(2) and 9(1) of the Control of Pollution
(Amendment) Act 1989[1]
and sections 33(3), 45(3), 75(7)(d) and (8) and 96 of the Environmental
Protection Act 1990[2],
and of all other powers enabling them in that behalf, hereby make the
following Regulations:
Citation, commencement and
interpretation
1.—(1) These
Regulations may be cited as the Controlled Waste Regulations 1992 and
shall come into force on 1st April 1992 save for regulation 10, which
shall come into force on 1st June
1992.
(2) In these
Regulations—
"the Act" means the Environmental Protection Act 1990;
"the 1989 Regulations" means the Sludge (Use in Agriculture)
Regulations 1989[3];
"camp site" means land on which tents are pitched for the purposes
of human habitation and land the use of which is incidental to land on
which tents are so pitched;
"charity" means any body of persons or trust established for
charitable purposes only;
"clinical waste" means—
(a) any waste which consists wholly or partly of
human or animal tissue, blood or other body fluids, excretions,
drugs or other pharmaceutical products, swabs or dressings, or
syringes, needles or other sharp instruments, being waste which
unless rendered safe may prove hazardous to any person coming into
contact with it; and
(b) any other waste arising from medical, nursing,
dental, veterinary, pharmaceutical or similar practice,
investigation, treatment, care, teaching or research, or the
collection of blood for transfusion, being waste which may cause
infection to any person coming into contact with it;
"composite hereditament" has the same meaning as in section 64(9)
of the Local Government Finance Act 1988[4];
"construction" includes improvement, repair or alteration;
"part residential subjects" has the same meaning as in section
26(1) of the Abolition of Domestic Rates etc. (Scotland) Act
1987[5];
"scrap metal" has the same meaning as in section 9(2) of the Scrap
Metal Dealers Act 1964[6];
"septic tank sludge" and "sludge" have the same meaning as in
regulation 2(1) of the 1989 Regulations; and
"vessel" includes a hovercraft within the meaning of section 4(1)
of the Hovercraft Act 1968[7].
(3) Any
reference in these Regulations to a section is, except where the context
otherwise requires, a reference to a section of the
Act.
(4) References in these
Regulations to waste—
(a) do not include waste from any mine or quarry or
waste from premises used for agriculture within the meaning of the
Agriculture Act 1947[8]
or, in Scotland, the Agriculture (Scotland) Act 1948[9];
(b) except so far as otherwise provided, do not include
sewage (including matter in or from a privy).
Waste to be treated as household
waste
2.—(1) Subject to
paragraph (2), waste of the descriptions set out in Schedule 1 shall be
treated as household waste for the purposes of Part II of the
Act.
(2) Waste of the
following descriptions shall be treated as household waste for the
purposes only of section 34(2) (household waste produced on domestic
property)—
(a) waste arising from works of construction or
demolition, including waste arising from work preparatory thereto;
and
Waste not to be treated as household
waste
3.—(1) Waste of
the following descriptions shall not be treated as household waste for
the purposes of section 33(2) (treatment, keeping or disposal of
household waste within the curtilage of a dwelling)—
(a) any mineral or synthetic oil or grease;
(2) Scrap metal shall
not be treated as household waste for the purposes of section 34 at any
time before 1st April 1993.
Charges for the collection of household
waste
4. The
collection of any of the types of household waste set out in Schedule 2
is prescribed for the purposes of section 45(3) as a case in respect of
which a charge for collection may be made.
Waste to be treated as industrial
waste
5.—(1) Subject to
paragraph (2) and regulation 7, waste of the descriptions set out in
Schedule 3 shall be treated as industrial waste for the purposes of Part
II of the Act.
(2) Waste of
the following descriptions shall be treated as industrial waste for the
purposes of Part II of the Act (except section 34(2))—
(a) waste arising from works of construction or
demolition, including waste arising from work preparatory thereto;
(b) septic tank sludge not falling within regulation
7(1)(c).
Waste to be treated as commercial
waste
6. Subject
to regulation 7, waste of the descriptions set out in Schedule 4 shall
be treated as commercial waste for the purposes of Part II of the
Act.
Waste not to be treated as industrial or commercial
waste
7.—(1) Waste of
the following descriptions shall not be treated as industrial waste or
commercial waste for the purposes of Part II of the Act—
(a) sewage, sludge or septic tank sludge which is
treated, kept or disposed of (otherwise than by means of mobile plant)
within the curtilage of a sewage treatment works as an integral part
of the operation of those works;
(b) sludge which is supplied or used in accordance with
the 1989 Regulations;
(c) septic tank sludge which is used in accordance with
the 1989
Regulations.
(2) Scrap metal
shall not be treated as industrial waste or commercial waste for the
purposes of section 34 at anytime before 1st April 1993.
Application of Part II of the Act to litter and
refuse
8. Part
II of the Act shall have effect as if—
(a) references to controlled waste included references
to litter and refuse to which section 96 applies;
(b) references to controlled waste of a description set
out in the first column of Table A below included references to litter
and refuse of a description set out in the second column thereof;
(c) references to controlled waste collected under
section 45 included references to litter and refuse collected under
sections 89(1)(a) and (c) and 92(9); and
(d) references to controlled waste collected under
section 45 which is waste of a description set out in the first column
of Table B below included references to litter and refuse of a
description set out in the second column thereof.
TABLE A
| Description of waste |
Description of litter and refuse |
| Household waste. |
Litter and refuse collected under section 89(1)(a), (c) and
(f). |
| Industrial waste. |
Litter and refuse collected under section 89(1)(b) and
(e). |
| Commercial waste. |
Litter and refuse collected under sections 89(1)(d) and (g),
92(9) and 93. |
TABLE B
| Description of waste |
Description of litter and refuse |
| Household waste. |
Litter and refuse collected under section 89(1)(a) and
(c). |
| Commercial waste. |
Litter and refuse collected under section
92(9). |
Exceptions from section 33(1) of the
Act
9.—(1) Subject to
the following provisions of this regulation, section 33(1) shall not
apply—
(a) in cases where a disposal licence under section 5
of the Control of Pollution Act 1974[10]
is not required by virtue of regulation 4 of the Control of Pollution
(Licensing of Waste Disposal) (Scotland) Regulations 1977[11]
, regulation 4 of the Control of Pollution (Landed Ships' Waste)
Regulations 1987[12],
regulation 9 of the Collection and Disposal of Waste Regulations
1988[13]
or regulation 2 of the Disposal of Controlled Waste (Exceptions)
Regulations 1991[14]
; or
(b) as respects the use of land by a waste disposal
authority in accordance with a resolution under section 11 of that
Act.
(2) Paragraph (1)(b)
shall cease to apply in relation to a waste disposal authority in
England and Wales as from the date on which the restriction imposed by
section 51(1) applies to that authority in accordance with section 77(6)
and (7).
Amendment of the Controlled Waste (Registration of Carriers and
Seizure of Vehicles) Regulations 1991
10.—(1) In regulation 2(2)
of the Controlled Waste (Registration of Carriers and Seizure of
Vehicles) Regulations 1991[15],
after the definition of "building or demolition waste" insert
""construction"includes improvement, repair or alteration;"
.
(2) Paragraph (1)
does not apply to a person who before 1st June 1992 applies in
accordance with the Controlled Waste (Registration of Carriers and
Seizure of Vehicles) Regulations 1991 for registration as a carrier of
controlled waste whilst his application is pending for the purposes of
those Regulations.
Michael Heseltine
Secretary of State for the
Environment
9th March 1992
David
Hunt
Secretary of State for Wales
9th March
1992
James Douglas-Hamilton
Parliamentary Under
Secretary of State, Scottish Office
9th March
1992
Notes:
[1] 1989
c. 14; relevant amendments were made by paragraph 31 of Schedule
15 to the Environmental Protection Act 1990. See the definition of
"prescribed" in section 9(1) of the 1989 Act.
back
[2] 1990 c. 43.
back
[3] S.I. 1989/1263,
amended by S.I. 1990/880.
back
[4] 1988
c. 41.
back
[5] 1987 c. 47.
back
[6] 1964 c. 69.
back
[7] 1968 c. 59.
back
[8] 1947 c. 48.
back
[9] 1948 c. 45.
back
[10] 1974 c. 40.
back
[11] S.I. 1977/2006.
back
[12] S.I. 1987/402,
amended by S.I. 1989/65.
back
[13] S.I. 1988/819.
back
[14] S.I. 1991/508.
back
[15] S.I. 1991/1624.
back |
|
