The Hazardous Waste (Wales) Regulations 2005

• (2) A producer, holder, previous holder, consignor, carrier or consignee of hazardous waste must supply to the NRBW on request such information as the NRBW may reasonably require for the purposes of performing its functions in connection with these Regulations and for the purposes of monitoring the production, movement, storage, treatment, recovery and disposal of hazardous waste.

• (3) An establishment or undertaking to which hazardous waste is delivered for recovery or disposal, as the case may be, has the duty to supply to the NRBW on request documentary evidence that the disposal or recovery operation concerned has been carried out, indicating, where applicable, the relevant entry listed in Annex I or Annex II, as the case may be, of the Waste Directive.

• (4) A person who is required to supply information to the NRBW pursuant to this regulation must supply that information in such form as the NRBW may reasonably request.

• (5) The power conferred by paragraph (4) includes power to require the production in a visible and legible documentary form of any information held in electronic form.

• (6) Any request for information under this regulation is to be in writing and must specify the period within which the information is to be supplied.

PART 8 — THE NRBW's FUNCTIONS

Inspections

Inspections of hazardous waste producers

56

It is the duty of the NRBW to carry out appropriate periodic inspections of hazardous waste producers.

Inspections of collection and transport operations

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agency to retain registers etc

58

The NRBW must retain registers and any accompanying records sent to it pursuant to regulation 51(3) for a period of not less than three years commencing with the receipt thereof by the NRBW.

Fees

59

• (1) Section 41 of the 1995 Act (power to make schemes imposing charges) is amended as follows.

• (2) For subsection (1)(c) substitute—

(c) as a means of recovering costs incurred by it in performing functions conferred by regulations made for the purpose of implementing Council Directive 91/689/EEC the Agency may require the payment to it of such charges as may from time to time be prescribed;

• (3) Schedule 9 has effect to make provision in relation to fees to be charged by the Agency in connection with these Regulations until a charging scheme under section 41 of the 1995 Act to recover the costs incurred by the Agency in performing functions under these Regulations takes effect.

Provision of information to the National Assembly

60

• (1) The NRBW must inform the Assembly each year of any changes in the following information for every establishment or undertaking which carries out disposal or recovery of hazardous waste principally on behalf of third parties ...

• (a) name and address;

• (b) the method used to treat waste; and

• (c) the types and quantities of waste which can be treated.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9 — EMERGENCIES AND GRAVE DANGER

General

61

• (1) This Part has effect for the purpose of making provision for an emergency or grave danger.

• (2) For the purposes of these Regulations, an “emergency or grave danger” is a present or threatened situation arising from a substance or object which is, or which there are reasonable grounds to believe is, hazardous waste, and the situation constitutes a threat to the population or the environment in any place.

General du0ties on the holder in the event of an emergency or grave danger

62

• (1) In cases of emergency or grave danger, a holder of hazardous waste must—

• (a) take all lawful and reasonable steps to avert the emergency or grave danger; or

• (b) where it is not reasonably practicable to comply with paragraph (a), take all lawful and reasonable steps to mitigate the emergency or grave danger.

• (2) For the purposes of paragraph (1), an act or omission may be considered lawful notwithstanding that it would, apart from this regulation, constitute a breach of these Regulations.

• (3) Where the holder of hazardous waste knows or has reasonable grounds to believe that an emergency or grave danger has arisen, he or she must notify the NRBW as soon as reasonably practicable of the circumstances.

• (4) Where the holder takes any step in compliance with paragraph (1), he or she must, save where such step has completely averted the emergency or grave danger without breach of these Regulations, notify the NRBW as soon as reasonably practicable.

• (5) For the purposes of paragraph (4), an emergency or grave danger is not considered to have been completely averted if any release has taken place of a substance or object which is, or which there are reasonable grounds to believe is, hazardous waste, whether or not the holder believes he or she has completely destroyed, retrieved or rendered harmless the substance or object.

• (6) In the event of notification pursuant to paragraph (3) or (4) being made orally, the holder must confirm in writing to the NRBW the matters notified within one week of the oral notification.

• (7) For the purposes of this regulation a person is not to be released from any requirement imposed by this regulation merely because he or she has ceased to be the holder through the waste having left his or her possession or control due to the release.

General duties of the Agency

63

• (1) The NRBW must exercise its functions (whether under these Regulations or otherwise) so as to take all reasonably practicable steps necessary or expedient to avert or mitigate an emergency or grave danger.

• (2) An authorised person must, in exercising functions in relation to an emergency or grave danger, so exercise his or her powers under sections 108 and 109 of the 1995 Act as to take all reasonably practicable steps to avert or mitigate the emergency or grave danger.

PART 10 — ENFORCEMENT

Enforcement

64

• (1) Subject to paragraph (2), it is the duty of the NRBW to enforce these Regulations.

• (2) Paragraph (1) is without prejudice to any right of action which any person may have arising apart from these Regulations, or any other right, power or duty of any person either at law or arising pursuant to any agreement or arrangement (expressly or impliedly) or in consequence of any act or omission.

Offences

65

It is an offence for a person to fail to comply with any requirement imposed on that person by or under the following provisions of these Regulations—

• (a) Part 4;

• (b) regulations 21, 22 , 24, 25 and 26;

• (c) regulations 34 to 43;

• (d) regulation 46 and Schedule 7;

• (e) Part 7 (with the exception of regulation 52); and

• (f) regulation 62.

Defences

66

It is a defence for a person charged with an offence under regulation 65 to prove that—

• (a) he or she was not reasonably able to comply with the provision in question by reason of an emergency or grave danger and that he or she took all steps as were reasonably practicable in the circumstances for—

• (i) minimising any threat to the public or the environment; and

• (ii) ensuring that the provision in question was complied with as soon as reasonably practicable after the event; or

• (b) if there is no emergency or grave danger, he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Liability of persons other than the principal offender

67

• (1) Where the commission by any person of an offence under this Part is due to the act or default of some other person, that other person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

• (2) Where an offence under this Part which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person, as well as the body corporate, is liable to be proceeded against and punished accordingly.

• (3) Where the affairs of a body corporate are managed by its members, paragraph (2) applies in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

False and misleading information

68

• (1) Any person who, in purported compliance with a requirement imposed by or under any of the foregoing provisions of these Regulations to furnish any information, makes a statement which he or she 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.

• (2) A person who intentionally makes a false entry in any record or register required to be kept by virtue of any of the foregoing provisions of these Regulations commits an offence.

Penalties

69

• (1) A person who commits an offence under regulation 65 in connection with any of the following regulations—

• (a) regulation 21 (requirement to notify premises);

• (b) regulation 22 (prohibition on removal of waste from premises unless notified or exempt);

• (c) regulations 24 to 26 (notifications);

• (d) regulation 34 (consignment codes);

• (e) regulations 35 to 43 (consignment notes);

• (f) regulation 46 and Schedule 7 (cross-border consignments);

• (g) regulation 53 (consignee and self-disposal quarterly returns);

• (h) regulation 54 (consignee's return to the producer, holder or consignor); or

• (i) regulation 55 (duties to supply information),

is liable on summary conviction, to a fine not exceeding level 5 on the standard scale.

• (2) A person who commits an offence under regulation 65 or 68 in connection with any other requirement under these Regulations is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

Fixed penalties

70

• (1) Where an authorised person acting on behalf of the NRBW has reason to believe that a person has committed an offence under regulation 65 to which this regulation applies, the authorised person may give that person a notice offering that person the opportunity of discharging any liability to conviction fmor that offence by payment of a fixed penalty.

• (2) This regulation applies to an offence consisting of—

• (a) a failure to comply with any requirement of; or

• (b) making a false or misleading statement in purported compliance with,

any of the regulations listed in regulation 69(1)(a) to (i).

• (3) Where a person is given a notice under this regulation in respect of an offence—

• (a) no proceedings may be instituted for that offence before the expiration of twenty eight days following the date of the notice; and

• (b) he or she may not be convicted of that offence if he or she pays the fixed penalty before the expiration of that period.

• (4) A notice under this regulation must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and must state—

• (a) the period during which, by virtue of paragraph (3), proceedings will not be taken for the offence;

• (b) the amount of the fixed penalty; and

• (c) the name of the person to whom and the address at which the fixed penalty may be paid.

• (5) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

• (6) Where a letter is sent in accordance with paragraph (5) payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

• (7) A fixed penalty notice issued pursuant to this section must be in the form set out in Schedule 10.

• (8) The fixed penalty payable in pursuance of a notice under this regulation is £300; and as respects the sums received by or on behalf of the NRBW, those sums must be paid to the Assembly.

• (9) In any proceedings a certificate which—

• (a) purports to be signed by or on behalf of the chief finance officer of the NRBW;

• (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

• (10) In paragraph (9), “chief finance officer” means the person having responsibility for the financial affairs of the NRBW.

PART 11 — FINAL PROVISIONS

Savings for certain privileges

71

• (1) Nothing in these Regulations is to be taken as requiring any person to produce any documents or records if he or she would be entitled to refuse to produce those documents or records in any proceedings in any court on the grounds that they are the subject of legal professional privilege, or as authorising any person to take possession of any documents or records which are in the possession of a person who would be so entitled.

• (2) Except as provided in paragraph (3), nothing in these Regulations may be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person's spouse.

• (3) A person must comply with a request from the NRBW to give information pursuant to regulation 55(2), notwithstanding that to do so may incriminate that person or that person's spouse, but information given in response to such a request may not be given in evidence in any criminal proceedings against that person or that person's spouse.

Revocations and savings

72

• (1) Subject to the following paragraphs, the 1996 Regulations are revoked.

• (2) Where a consignment has been removed from premises before these Regulations come into force, and a consignment note has been raised in relation to that consignment under the 1996 Regulations, then—

• (a) for a period of 72 hours after these Regulations come into force entirely—

• (i) the 1996 Regulations continue to apply in all other respects to that consignment;

• (ii) the provisions of these Regulations (other than regulation 62 (general duties on the holder in the event of an emergency or grave danger)) do not apply to that consignment during that period;

• (b) thereafter—

• (i) these Regulations apply to that consignment except that the requirement to make a consignee quarterly return in relation to that consignment pursuant to regulation 53 does not arise; and

• (ii) the requirement on the consignee to send a copy of the consignment note sent to the Agency continues to apply in relation to any consignment sent pursuant to the 1996 Regulations.

Consequential Amendments

73

Schedule 11 (which makes consequential amendments to legislation) has effect.

Transitional Provisions

74

Schedule 12 (which makes provisions transitional upon these Regulations coming into force) has effect.

SCHEDULE 1 — ANNEX I OF THE HAZARDOUS WASTE DIRECTIVE

ANNEX I.A. Wastes displaying any of the properties listed in Annex III and which consist of: (1) anatomical substances; hospital and other clinical wastes; (2) pharmaceuticals, medicines and veterinary compounds; (3) wood preservatives; (4) biocides and phyto-pharmaceutical substances; (5) residue from substances employed as solvents; (6) halogenated organic substances not employed as solvents excluding inert polymerized materials; (7) tempering salts containing cyanides; (8) mineral oils and oily substances (e.g. cutting sludges, etc.); (9) oil/water, hydrocarbon/water mixtures, emulsions; (10) substances containing PCBs and/or PCTs (e.g. dielectrics etc.); (11) tarry materials arising from refining, distillation and any pyrolytic treatment(e.g. still bottoms, etc.); (12) inks, dyes, pigments, paints, lacquers, varnishes; (13) resins, latex, plasticizers, glues/adhesives; (14) chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known (e.g. laboratory residues, etc.); (15) pyrotechnics and other explosive materials; (16) photographic chemicals and processing materials; (17) any material contaminated with any congener of polychlorinated dibenzo-furan; (18) any material contaminated with any congener of polychlorinated dibenzo-p-dioxin. - ANNEX I.B. - Wastes which contain any of the constituents listed in Annex II and having any of the properties listed in Annex III and consisting of: (19) animal or vegetable soaps, fats, waxes; (20) non-halogenated organic substances not employed as solvents; (21) inorganic substances without metals or metal compounds; (22) ashes and/or cinders; (23) soil, sand, clay including dredging spoils; (24) non-cyanidic tempering salts; (25) Metallic dust, powder; (26) Spent catalyst materials; (27) liquids or sludges containing metals or metal compounds; (28) residue from pollution control operations (e.g. baghouse dusts, etc.) except (29), (30) and (33); (29) scrubber sludges; (30) sludges from water purification plants; (31) decarbonization residue; (32) ion-exchange column residue; (33) sewage sludges, untreated or unsuitable for use in agriculture; (34) residue from cleaning of tanks and/or equipment; (35) contaminated equipment; (36) contaminated containers (e.g. packaging, gas cylinders, etc.) whose contents included one or more of the constituents listed in Annex II; (37) batteries and other electrical cells; (38) vegetable oils; (39) materials resulting from selective waste collections from households and which exhibit any of the characteristics listed in Annex III; (40) any other wastes which contain any of the constituents listed in Annex II and any of the properties listed in Annex III.

(*) Certain duplications of entries found in Annex II are intentional.

SCHEDULE 2 — ANNEX II OF THE HAZARDOUS WASTE DIRECTIVE

Wastes having as constituents:

C1	beryllium; beryllium compounds;
C2	vanadium compounds;
C3	chromium (VI) compounds;
C4	cobalt compounds;
C5	nickel compounds;
C6	copper compounds;
C7	zinc compounds;
C8	arsenic; arsenic compounds;
C9	selenium; selenium compounds;
C10	silver compounds;
C11	cadmium; cadmium compounds;
C12	tin compounds;
C13	antimony; antimony compounds;
C14	tellurium; tellurium compounds;
C15	barium compounds; excluding barium sulfate;
C16	mercury; mercury compounds;
C17	thallium; thallium compounds;
C18	lead; lead compounds;
C19	inorganic sulphides;
C20	inorganic fluorine compounds, excluding calcium fluoride;
C21	inorganic cyanides;
C22	the following alkaline or alkaline earth metals: lithium, sodium, potassium, calcium, magnesium in uncombined form;
C23	acidic solutions or acids in solid form;
C24	basic solutions or bases in solid form;
C25	asbestos (dust and fibres);
C26	phosphorus: phosphorus compounds, excluding mineral phosphates;
C27	metal carbonyls;
C28	peroxides;
C29	chlorates;
C30	perchlorates;
C31	azides;
C32	PCBs and/or PCTs;
C33	pharmaceutical or veterinary compounds;
C34	biocides and phyto-pharmaceutical substances (e.g. pesticides, etc.);
C35	infectious substances;
C36	creosotes;
(*) Certain duplications of generic types of hazardous wastes listed in Annex I are intentional.	(*) Certain duplications of generic types of hazardous wastes listed in Annex I are intentional.
C37	isocyanates; thiocyanates;
C38	organic cyanides (e.g. nitriles, etc.);
C39	phenols; phenol compounds;
C40	halogenated solvents;
C41	organic solvents, excluding halogenated solvents;
C42	organohalogen compounds, excluding inert polymerized materials and other substances referred to in this Annex;
C43	aromatic compounds; polycyclic and heterocyclic organic compounds;
C44	aliphatic amines;
C45	aromatic amines;
C46	ethers;
C47	substances of an explosive character, excluding those listed elsewhere in this Annex;
C48	sulphur organic compounds;
C49	any congener of polychlorinated dibenzo-furan;
C50	any congener of polychlorinated dibenzo-p-dioxin;
C51	hydrocarbons and their oxygen; nitrogen and/or sulphur compounds not otherwise taken into account in this Annex.

SCHEDULE 3 — Annex III to the Waste Directive

“ANNEX III — PROPERTIES OF WASTES WHICH RENDER THEM HAZARDOUS

H1	“Explosive”: substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.
H2	“Oxidizing”: substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
H3-A	“Highly flammable”:
	— liquid substances and preparations having a flash point below 21 °C (including extremely flammable liquids), or
	— substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or
	— solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or
	— gaseous substances and preparations which are flammable in air at normal pressure, or
	— substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.
H3-B and	“Flammable”: liquid substances and preparations having a flash point equal to or greater than 21 °C less than or equal to 55 °C.
H4	“Irritant”: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.
H5	“harmful”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.
H6	“Toxic”: substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death.
H7	“Carcinogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.
H8	“Corrosive”: substances and preparations which may destroy living tissue on contacts.
H9	“Infectious”: substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10	“Teratogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H11	“Mutagenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.
H12	Substances and preparations which release toxic or very toxic gases in contact with water, air or an acid.
H13	Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above.
H14	“Ecotoxic”: substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment.

SCHEDULE 4

RHEOLIADAU GWASTRAFF PERYGLUS (CYMRU) 2005

SCHEDULE 5 — SCHEDULE OF CARRIERS

SCHEDULE 6 — FORM OF MULTIPLE COLLECTION CONSIGNMENT NOTE/

SCHEDULE 7 — UK CROSS-BORDER MOVEMENT OF HAZARDOUS WASTE

Recognition of cross border UK consignment notes

1

Subject to paragraph 4 and paragraph 6, where hazardous waste is removed from premises situated in England, Scotland, Northern Ireland or Gibraltar and is transported into Wales (“a cross-border consignment note into Wales”), no requirement for a consignment note to accompany the waste under Part 6 applies if—

• (a) a consignment note which is completed in England, Scotland, Northern Ireland or Gibraltar accompanies the waste; and

• (b) the note contains the information required by the standard consignment note set out in Annex 1A to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (“a cross-border consignment note”).

2

Any requirement in Part 6 to complete a consignment note for a cross-border consignment may be satisfied by including the information—

• (a) on the cross-border consignment note; or

• (b) where that is not possible, on a separate form prepared for that purpose.

3

Any requirement to keep a copy of a consignment note for a cross-border consignment or to give a copy of the note to another person may be satisfied by keeping a copy of the cross-border consignment note or giving a copy of the note to that person.

UK cross-border Consignments into Wales

4

• (1) If a cross-border consignment into Wales is rejected wholly or in part, the consignee must—

• (a) indicate on the cross-border consignment note (if he or she has received one) or otherwise provide a written record of his or her rejection of the consignment (or part of it) and the reasons for such rejection;

• (b) retain a copy of the note or record;

• (c) give a copy to the carrier; and

• (d) as soon as reasonably practicable, send a copy to the consignor, and (if different from the consignor) the producer or holder indicated on the cross-border consignment note.

• (2) On being informed that the consignee will not accept delivery of a cross-border consignment into Wales or part, the carrier must—

• (a) inform the NRBW ; and

• (b) seek instructions from the hazardous waste producer or holder indicated on the cross-border consignment note and take all reasonable steps to ensure they are fulfilled.

• (3) Before a rejected cross-border consignment into Wales is moved from the original delivery destination, the carrier must ensure that—

• (a) a consignment note is completed in accordance with regulation 36 or 43; and

• (b) a copy of the note is sent to SEPA (where the waste is transported from Scotland) or the Northern Ireland Department of the Environment (where the waste is transported from Northern Ireland) or the Agency (where the waste is transported from England).

• (4) Where a cross-border consignment into Wales from Scotland or Northern Ireland or England is accepted, the consignee must send a copy of the cross-border consignment note to SEPA (where the waste is transported from Scotland) or the Northern Ireland Department of the Environment (where the waste is transported from Northern Ireland) or the Agency (where the waste is transported from England).

UK cross-border Consignments out of Wales

5

• (1) Where a cross-border consignment out of Wales is consigned to premises in Scotland or Northern Ireland or England, the following requirements apply in addition to those in Part 6.

• (2) Before the hazardous waste is removed—

• (a) the hazardous waste producer, or holder, as the case may be, or (in the case of a multiple collection of hazardous waste) the carrier, must ensure that—

• (i) a copy of the relevant consignment note is prepared for SEPA (where the waste is to be consigned to a consignee in Scotland), or for the Northern Ireland Department of the Environment (where the waste is to be consigned to a consignee in Northern Ireland) or the Agency (where the waste is to be consigned to a consignee in England); and

• (ii) an additional copy is provided for the consignee.

• (b) the copies of the relevant consignment note prepared pursuant to paragraph (a) must be completed in accordance with Part 6; and

• (c) the consignor (or the producer or holder, as the case may be) or, in the case of a multiple collection of hazardous waste, the carrier, must send the copy of the note prepared pursuant to paragraph (a)(i) to the relevant authority at least 72 hours before removal of the consignment or if that is not possible, as soon as reasonably practicable thereafter.

• (3) The carrier must ensure the additional copy of the note prepared for consignee travels with the consignment and is given to the consignee on delivery of the consignment.

Multiple Collections in Wales and England

6

• (1) This paragraph applies to a journey made by a carrier which meets the conditions set out in the definition of “multiple collection” (“amlgasgliad”) in regulation 5(1) except that at least one collection is made in England.

• (2) A journey to which this paragraph applies is to be treated as a multiple collection for the purposes of these Regulations ....

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8/ATODLEN 8 — Form of consignee’s return to producer or holder/Ffurf ateb y traddodai i’r cynhyrchydd neu’r deiliad

SCHEDULE 9 — TRANSITIONAL CHARGES BY THE AGENCY

1

The following paragraphs have effect in relation to the charges payable to the Agency under these Regulations.

2

The charge to be paid on the notification of premises pursuant to regulation 26 is—

• (a) £28 for each set of premises notified in writing;

• (b) £23 for each set of premises notified by telephone; and

• (c) £18 for each set of premises notified in electronic form.

3

The charge to be paid by a consignee in respect of any consignee quarterly returns made pursuant to regulation 53 is—

• (a) for any return made in writing, the sum of the following amounts for each consignment accepted by the consignee during the quarter—

• (i) £10 for each consignment forming part of a multiple collection; and

• (ii) £19 for any other consignment; and

• (b) for any return made in electronic form, the sum of the following amounts for each consignment accepted by the consignee during the quarter—

• (i) £5 for each consignment forming part of a multiple collection; and

• (ii) £10 for any other consignment.

4

The charge to be paid by a producer in respect of any self disposal return made pursuant to regulation 53 is—

• (a) for any return made in writing, £19; and

• (b) for any return made in electronic form, £10.

5

The time for payment of the fee required under paragraph 3 and 4 is the later of 30 days following—

• (a) the last day of the quarter to be covered by the return if a return is not submitted in accordance with regulation 53; or

• (b) submission of the return in accordance with regulation 53.

6

A consignee may recover from a consignor any fees paid under paragraph 3 in relation to consignments sent by that consignor.

SCHEDULE 10 — FORM OF FIXED PENALTY NOTICES/

SCHEDULE 11 — CONSEQUENTIAL AMENDMENTS

PART 1 — AMENDMENTS TO PRIMARY LEGISLATION

The Environmental Protection Act 1990

1

The Environmental Protection Act 1990 is amended as follows.

2

In section 75 (as amended by the Hazardous Waste (England and Wales) Regulations 2005 —

• (a) in subsection (8A) for paragraph (b) substitute—

(b) in the application of this Part to Wales, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (Wales) Regulations 2005.

• (b) subsection (8B) is omitted.

The Waste and Emissions Trading Act 2003

3

The Waste and Emissions Trading Act 2003 is amended as follows.

4

In section 25(2), for “for the purpose of Council Directive 91/689/EEC” substitute “ within the meaning of regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”.

PART 2 — AMENDMENTS TO SECONDARY LEGISLATION

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Environmental Protection (Duty of Care) Regulations 1991

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Environmental Protection (Prescribed Processes and Substances) Regulations 1991

9

The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 are amended as follows.

10

In Section 5.1 of Chapter 5 of Schedule 1—

• (a) in the definition of “exempt hazardous waste incineration plant”—

• (i) in paragraph (ii) for “Annex II to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 2 of the Hazardous Waste (Wales) Regulations 2005 ”;

• (ii) in paragraph (iii) for “Annex III to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 3 of the Hazardous Waste (Wales) Regulations 2005 ”;

• (b) in the definition of “hazardous waste”—

• (i) in the opening words, for “Article 1(4) of Directive 91/689/EEC” substitute “ regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”; and

• (ii) in sub-paragraph (i)(b) and paragraph (v), for “in Annex II to Directive 91/689/EEC” substitute “ in Schedule 2 to the Hazardous Waste (Wales) Regulations 2005 ”.

Waste Management Licensing Regulations 1994

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25

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Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999

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27

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Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances)(England and Wales) Regulations 2000

28

The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) (England and Wales) Regulations 2000 are amended as follows.

29

For regulation 11(3), substitute the following—

(3) Subject to paragraphs (5) and (7), the Agency shall keep a register specifying the quantity, origin, nature and PCB content of used PCBs in respect of which— (a) copies of consignment notes specifying that information are furnished to it under regulations 5(4), 8(7) or 9(3) of the Special Waste Regulations 1996; or (b) quarterly returns specifying that information are furnished to it under regulation 53 of the Hazardous Waste (Wales) Regulations 2005, and which in either case have been furnished by a person in the course of a business concerned with the disposal of PCBs.

Pollution Prevention and Control (England and Wales) Regulations 2000

30

The Pollution Prevention and Control (England and Wales) Regulations 2000 (which extend to England and Wales) are amended as follows.

31

In Chapter 5 of Schedule 1—

• (a) in the definition of “hazardous waste” in the paragraph headed “Interpretation of Section 5.1” of Section 5.1—

• (i) in the opening words for “Article 1(4) of Directive 91/689/EEC on hazardous waste” substitute “ regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”; and

• (ii) in paragraph (a)(ii) for “Annex II to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 2 of the Hazardous Waste (Wales) Regulations 2005 ”;

• (b) in paragraph 1 of the paragraph headed “Interpretation of Part A(1)” of Section 5.3 for the definition of “hazardous waste”, substitute “ “hazardous waste” means any waste as defined for the time being in regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”; and

• (c) in the paragraph headed “Interpretation of Part A(1)” of Section 5.4 insert the following after paragraph 3—

(4) In this Part, hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005.

Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

32

The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 are amended as follows.

33

In regulation 3(3)(e), for “Special Waste Regulations 1996” substitute “ Hazardous Waste (Wales) Regulations 2005 ”.

Landfill (England and Wales) Regulations 2002

34

The Landfill (England and Wales) Regulations 2002 are amended as follows.

35

In Regulation 7(2) for “Hazardous waste means any waste as defined in Article 1(4) of Directive 91/689/EEC (hazardous waste).” substitute “ Hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”.

36

For paragraph 2(a) of Schedule 1, substitute “ (a) it is a hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005; and ”.

37

For paragraph 3(1)(a) of Schedule 1, substitute “ (a) it is a hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005; and ”.

38

For paragraph 3(1)(b) of Schedule 1, substitute “ (b) it is a non-hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005. ”.

39

For paragraph 5(1)(g) of Schedule 1, substitute—

(g) in the case of hazardous waste, the relevant properties which render it hazardous as listed in Schedule 3 of the Hazardous Waste (Wales) Regulations 2005;

Packaging (Essential Requirements) Regulations 2003

40

The Packaging (Essential Requirements) Regulations 2003 are amended as follows.

41

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SCHEDULE 12 — TRANSITIONAL PROVISIONS

PART 1 — PROVISIONS OF THESE REGULATIONS

1

• (1) This paragraph applies to any notification of premises made for the purposes of these Regulations from the day after the day on which they are made and before 16 July 2005.

• (2) Where it is proposed to remove waste from any premises after 16 July 2005, a producer, and, in the circumstances provided for in regulation 25, a consignor, may notify premises to the Agency in advance in accordance with regulation 26.

• (3) The effective time may not be on a date earlier than 16 July 2005 or on a date later than 16 September 2005.

• (4) The Agency must, where notification is duly given pursuant to this paragraph, issue a premises code in accordance with regulation 27.

• (5) Expressions used in this paragraph have the same meanings as in Part 5.

2

• (1) This paragraph applies to any action taken by a producer or consignor before this paragraph comes into force but which would, if taken after it comes into force, have been a notification which complied with regulation 26, (“a pre-notification”).

• (2) A pre-notification is to be regarded as notification given upon the coming into force of this paragraph.

• (3) Regulation 28(1) does not apply to a notification arising out of a pre-notification and that notification takes effect, instead:

• (a) where the person who gave the pre-notification requested a date for commencement, at the beginning of the date so requested;

• (b) where no such request was made, at the beginning of the fourth day following the day on which the pre-notification took place;

• (c) when payment of the relevant fee is received by the Agency;

• (d) upon the coming into force of this paragraph;

whichever is the later.

• (4) Where the Agency issues a premises code in respect of premises which are the subject of a pre-notification given pursuant to this paragraph, that code is to be regarded as having been issued on the coming into force of this paragraph.

• (5) Where the relevant fee is paid to the Agency in respect of a pre-notification, that fee is to be regarded as having been paid for the purposes of regulation 26(7) on the coming into force of this paragraph.

3

Where the removal of waste by pipeline from any premises commenced before 16 July 2005 but continues thereafter, regulation 41 has effect as if the first day on which the waste was piped was 16 July 2005.

PART 2 — PERMITTING REGIMES

4

• (1) Subject to the following provisions of this Schedule, a reference in a waste permit to special waste, or to special waste of any description (howsoever framed), is a reference to hazardous waste, or hazardous waste of that description, as the case may be.

5

• (1) This paragraph applies in relation to waste which was not special waste immediately before these Regulations come into force if that waste becomes hazardous waste as a result of these Regulations (“changed status waste”).

• (2) Any general prohibition or restriction contained in a waste permit relating to the disposal or recovery of special waste under that permit immediately before these Regulations came into force does not apply to the disposal or recovery of changed status waste insofar as the permit specifically authorises the disposal or recovery of that type of waste.

• (3) A waste permit holder who would no longer be authorised to continue to dispose or recover that waste under his or her permit by reason of the change in its status, may continue to dispose or recover that waste in accordance with the permit despite the change in status until the prescribed date.

• (4) Regulation 17(3) of the 1994 Regulations does not apply to the carrying on of an exempt activity involving changed status waste at any place by a person who was carrying on that activity at that place immediately before these Regulations come into force (“a changed status waste exempt person”).

• (5) A changed status waste exempt person who would no longer be authorised to carry on an exempt activity involving such waste by reason of the change in its status, may continue to carry on that activity at that place in accordance with the 1994 Regulations despite the change in status until the prescribed date.

• (6) The prescribed date is—

• (a) where an application for a waste permit or a variation to a permit is duly made in relation to the activity before 16 July 2006, the date on which the application is granted or if the application is (or is deemed to be) rejected, the date on which the period for appealing expires without an appeal being made or any appeal is withdrawn or finally determined; or

• (b) in any other case, 16 July 2006.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

D. Elis-Thomas — The Presiding Officer of the National Assembly — 2005-07-05

Explanatory note

(This note is not part of the Regulations)

Hazardous WasteThe Waste Framework Directive (Directive 75/442/EEC) regulates, subject to certain exclusions, the management of all types of waste (“Directive waste”). The Hazardous Waste Directive supplements the Waste Framework Directive by imposing additional requirements in relation to Directive waste which displays certain hazardous properties. These requirements have previously been transposed by the Special Waste Regulations 1996, through controls on “special waste”. These Regulations repeal the Special Waste Regulations 1996 and replace the term “special waste” with “hazardous waste”.

Mixing BanPart 4 bans the mixing of hazardous waste unless it is permitted as part of a disposal or recovery operation in accordance with the Waste Framework Directive. It also imposes a duty to separate different categories of Hazardous Waste where technically feasible.

NotificationPart 5 makes it an offence to remove hazardous waste from premises which have not been notified to the Environment Agency, unless they are exempt premises or the waste has been flytipped. All premises at which hazardous waste is produced or removed must be notified by the producer of the waste or the consignor (the person who arranges for the removal of the waste). Notification lasts 12 months after which the premises must be notified again. A fee is payable to the Environment Agency on notification of premises.

Movement of Hazardous WastePart 6 requires documents to be completed whenever hazardous waste is removed from premises (which includes removal from ships and removal by pipeline). The various types of form are set out in Schedules 4 to 6. This is to ensure that an accurate description of consignments of waste accompanies them whenever they move. This is in addition to any requirements to ensure hazardous waste is properly packaged and labelled (see in particular the Packaging (Essential Requirements) Regulations 2003 (S.I. 2003/1941).

Records and ReturnsPart 7 requires producers, holders, carriers, consignors and consignees to keep records. These must be kept for a minimum of 3 years except in the case of carriers where the period is 12 months. Consignees are required to provide the Environment Agency with a quarterly return setting out the consignments they have received during that period. Consignees may be required to pay a fee to the Environment Agency but are given a right to recover from consignors who sent the waste to them. They are also required to send a return to producers or holders who sent waste to them. Schedule 9 sets out a transitional scheme for fees.

The Agency's functionsPart 8 sets out the Agency's functions. In particular, the Agency is required to inspect producers of hazardous waste periodically and to keep any records sent to it pursuant to Part 7 for a minimum of 3 years.

Emergencies and Grave DangerPart 9 imposes duties on holders of hazardous waste and the Environment Agency in the event of an emergency or grave danger which arises from hazardous waste.

EnforcementPart 10 makes it an offence for failure to comply with the requirements of these Regulations. The maximum penalty for failure to comply with a requirement imposed by or under the regulations set out in regulation 69(1) is level 5 on the standard scale (currently £5000). The Agency may issue fixed penalty notices of £300 instead of seeking conviction in relation to such offences. Other offences under the Regulations (including the provision of false information) are subject to a maximum fine of level 5 if tried summarily and higher fines and also imprisonment if tried on indictment.

Amendments to other legislationSchedule 11 makes consequential amendments to legislation so that references to special waste are omitted and references to hazardous waste are updated so that they are consistent with these Regulations.

Transitional provisionSchedule 12 makes transitional provision. It provides for notification in advance of the regulations fully coming into force. It also makes transitional provision for those cases where the change to hazardous waste from special waste would mean that a person would no longer be authorised to dispose or recover waste.

Footnotes

General duties on the holder in the event of an emergency or grave danger

ANNEX I.A. Wastes displaying any of the properties listed in Annex III and which consist of: (1) anatomical substances; hospital and other clinical wastes; (2) pharmaceuticals, medicines and veterinary compounds; (3) wood preservatives; (4) biocides and phyto-pharmaceutical substances; (5) residue from substances employed as solvents; (6) halogenated organic substances not employed as solvents excluding inert polymerized materials; (7) tempering salts containing cyanides; (8) mineral oils and oily substances (e.g. cutting sludges, etc.); (9) oil/water, hydrocarbon/water mixtures, emulsions; (10) substances containing PCBs and/or PCTs (e.g. dielectrics etc.); (11) tarry materials arising from refining, distillation and any pyrolytic treatment(e.g. still bottoms, etc.); (12) inks, dyes, pigments, paints, lacquers, varnishes; (13) resins, latex, plasticizers, glues/adhesives; (14) chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known (e.g. laboratory residues, etc.); (15) pyrotechnics and other explosive materials; (16) photographic chemicals and processing materials; (17) any material contaminated with any congener of polychlorinated dibenzo-furan; (18) any material contaminated with any congener of polychlorinated dibenzo-p-dioxin. ANNEX I.B. Wastes which contain any of the constituents listed in Annex II and having any of the properties listed in Annex III and consisting of: (19) animal or vegetable soaps, fats, waxes; (20) non-halogenated organic substances not employed as solvents; (21) inorganic substances without metals or metal compounds; (22) ashes and/or cinders; (23) soil, sand, clay including dredging spoils; (24) non-cyanidic tempering salts; (25) Metallic dust, powder; (26) Spent catalyst materials; (27) liquids or sludges containing metals or metal compounds; (28) residue from pollution control operations (e.g. baghouse dusts, etc.) except (29), (30) and (33); (29) scrubber sludges; (30) sludges from water purification plants; (31) decarbonization residue; (32) ion-exchange column residue; (33) sewage sludges, untreated or unsuitable for use in agriculture; (34) residue from cleaning of tanks and/or equipment; (35) contaminated equipment; (36) contaminated containers (e.g. packaging, gas cylinders, etc.) whose contents included one or more of the constituents listed in Annex II; (37) batteries and other electrical cells; (38) vegetable oils; (39) materials resulting from selective waste collections from households and which exhibit any of the characteristics listed in Annex III; (40) any other wastes which contain any of the constituents listed in Annex II and any of the properties listed in Annex III.

(*) Certain duplications of entries found in Annex II are intentional.

Wastes having as constituents:

C1	beryllium; beryllium compounds;
C2	vanadium compounds;
C3	chromium (VI) compounds;
C4	cobalt compounds;
C5	nickel compounds;
C6	copper compounds;
C7	zinc compounds;
C8	arsenic; arsenic compounds;
C9	selenium; selenium compounds;
C10	silver compounds;
C11	cadmium; cadmium compounds;
C12	tin compounds;
C13	antimony; antimony compounds;
C14	tellurium; tellurium compounds;
C15	barium compounds; excluding barium sulfate;
C16	mercury; mercury compounds;
C17	thallium; thallium compounds;
C18	lead; lead compounds;
C19	inorganic sulphides;
C20	inorganic fluorine compounds, excluding calcium fluoride;
C21	inorganic cyanides;
C22	the following alkaline or alkaline earth metals: lithium, sodium, potassium, calcium, magnesium in uncombined form;
C23	acidic solutions or acids in solid form;
C24	basic solutions or bases in solid form;
C25	asbestos (dust and fibres);
C26	phosphorus: phosphorus compounds, excluding mineral phosphates;
C27	metal carbonyls;
C28	peroxides;
C29	chlorates;
C30	perchlorates;
C31	azides;
C32	PCBs and/or PCTs;
C33	pharmaceutical or veterinary compounds;
C34	biocides and phyto-pharmaceutical substances (e.g. pesticides, etc.);
C35	infectious substances;
C36	creosotes;
(*) Certain duplications of generic types of hazardous wastes listed in Annex I are intentional.	(*) Certain duplications of generic types of hazardous wastes listed in Annex I are intentional.
C37	isocyanates; thiocyanates;
C38	organic cyanides (e.g. nitriles, etc.);
C39	phenols; phenol compounds;
C40	halogenated solvents;
C41	organic solvents, excluding halogenated solvents;
C42	organohalogen compounds, excluding inert polymerized materials and other substances referred to in this Annex;
C43	aromatic compounds; polycyclic and heterocyclic organic compounds;
C44	aliphatic amines;
C45	aromatic amines;
C46	ethers;
C47	substances of an explosive character, excluding those listed elsewhere in this Annex;
C48	sulphur organic compounds;
C49	any congener of polychlorinated dibenzo-furan;
C50	any congener of polychlorinated dibenzo-p-dioxin;
C51	hydrocarbons and their oxygen; nitrogen and/or sulphur compounds not otherwise taken into account in this Annex.

Notes

1

Attribution of the hazard properties “toxic” (and “very toxic”), “harmful”, “corrosive” and “irritant” is made on the basis of the criteria laid down by Annex VI, part I A and part II B, of Council Directive 67/548/EEC of 27 June 1967 of the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances , in the version as amended by Council Directive 79/831/EEC .

2

With regard to attribution of the properties “carcinogenic”, “teratogenic” and “mutagenic”, and reflecting the most recent findings, additional criteria are contained in the Guide to the classification and labelling of dangerous substances and preparations of Annex VI (part II D) to Directive 67/548/EEC in the version as amended by Commission Directive 83/467/EEC .

HAZARDOUS WASTE (WALES) REGULATIONS 2005

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Editorial notes