Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Waste Management Licensing (Amendment etc.) Regulations 1995 and shall come into force on 1st April 1995.

(2) In these Regulations, unless the context otherwise requires-

"the 1990 Act" means the Environmental Protection Act 1990;

"the 1991 Regulations" means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991(4); and

"the Principal Regulations" means the Waste Management Licensing Regulations 1994(5).

Amendment of the Controlled Waste Regulations 1992

2.-(1) In paragraph (2) of each of regulations 3 and 7 of the Controlled Waste Regulations 1992(6) (scrap metal not to be treated as household or, as the case may be, industrial or commercial waste for the purposes of section 34 of the 1990 Act), for the words from "the day appointed" to the end of the paragraph there shall be substituted "1st October 1995".

(2) In regulation 7(1)(c) of the Controlled Waste Regulations 1992 (septic tank sludge in certain circumstances not to be treated as industrial or commercial waste), for "in accordance with" there shall be substituted "on agricultural land within the meaning of".

(3) Regulation 9(1)(a) of the Controlled Waste Regulations 1992 (exceptions in certain cases from section 33(1) of the 1990 Act) is hereby revoked.

Amendment of the Waste Management Licensing Regulations 1994

3.-(1) The Principal Regulations shall be amended in accordance with the following provisions of this regulation.

(2) After regulation 1(6), there shall be added the following paragraph-

"(7) The provisions of section 160 of the 1990 Act shall apply to-

(a)the service or giving of any notice required or authorised by these Regulations to be served on or given to a person; or

(b)the sending or giving of any document required or authorised by these Regulations to be sent or given to a person,

as if the service or giving of any such notice or, as the case may be, the sending or giving of any such document, was required or authorised by or under that Act.".

(3) For regulation 12, there shall be substituted-

"Mobile plant

12.-(1) Plant of the following descriptions, if it is designed to move or be moved by any means from place to place with a view to being used at each such place or, if not so designed, is readily capable of so moving or being so moved, but no other plant, shall be treated as being mobile plant for the purposes of Part II of the 1990 Act-

(a)an incinerator which is an exempt incinerator for the purposes of Section 5.1 of Schedule 1 to the 1991 Regulations;

(b)plant for-

(i)the recovery, by filtration or heat treatment, of waste oil from electrical equipment; or

(ii)the destruction by dechlorination of waste polychlorinated biphenyls or terphenyls (PCBs or PCTs);

(c)plant for the vitrification of waste;

(d)plant for the treatment by microwave of clinical waste.

(2) For the purposes of paragraph (1)(d) above, "clinical waste" has the meaning given by regulation 1(2) of the Controlled Waste Regulations 1992.".

(4) In regulation 16(1)(a), before "recovery or disposal" there shall be inserted "deposit in or on land,".

(5) After regulation 17(1), there shall be inserted the following paragraph-

"(1A) Paragraph (1) above does not apply to the carrying on of an exempt activity falling within paragraph 45(1), (2) or (5) of Schedule 3 where the carrying on of that activity is authorised by a waste management licence granted upon an application made after 31st March 1995 under section 36 of the 1990 Act.".

(6) In regulation 17(2), for "40 or 41" there shall be substituted "40, 41 or 45".

(7) In regulation 18(1), for "paragraph (7)" there shall be substituted "paragraphs (1A), (1B) and (7)".

(8) After regulation 18(1), there shall be inserted the following paragraphs-

"(1A) In the case of an exempt activity falling within paragraph 45(1) or (2) of Schedule 3, paragraph (1) above shall have effect as if "30th September 1995" were substituted for "31st December 1994".

(1B) Paragraph (1) above shall not apply in the case of an exempt activity to which a resolution under section 54 of the 1990 Act relates and which is carried on in accordance with the conditions, specified in the resolution, which relate to it.".

(9) At the beginning of regulation 18(4) there shall be inserted "Subject to paragraphs (4A) and (4B) below,".

(10) After regulation 18(4), there shall be inserted the following paragraphs-

"(4A) Paragraph (4) above shall not apply in the case of an exempt activity falling within paragraph 45(1) or (2) of Schedule 3 and, in such a case, the appropriate registration authority shall enter the relevant particulars in the register in relation to an establishment or undertaking only if-

(a)it receives notice of them in writing;

(b)that notice is provided to it by that establishment or undertaking;

(c)that notice is accompanied by a plan of each place at which any such exempt activity is carried on showing-

(i)the boundaries of that place;

(ii)the locations within that place at which the exempt activity is to be carried on;

(iii)the location and specifications of any such impermeable pavements, drainage systems or hardstandings as are mentioned in paragraph 45(1)(c) or (2)(f) or (g) of Schedule 3; and

(iv)the location of any such secure containers as are mentioned in paragraph 45(2)(e) of Schedule 3;

and

(d)that notice is also accompanied by payment of a fee of £300 in respect of each place where any such exempt activity is carried on.

(4B) Where any fee payable under paragraph 45(3)(d) of Schedule 3 is not received by the appropriate registration authority within 2 months of the due date for its payment as ascertained in accordance with paragraph 45(4) of Schedule 3-

(a)in a case where the establishment or undertaking is registered for exempt activities falling within paragraph 45(1) or (2) in respect of only one place, or where it is so registered in respect of more than one place and the fee in respect of each such place is then unpaid, the registration of the establishment or undertaking shall be cancelled and the authority shall remove from its register the relevent entry in respect of the establishment or undertaking;

(b)in any other case, the registration of the establishment or undertaking in respect of those activities shall be cancelled insofar as it relates to any place in respect of which the fee is then unpaid and the authority shall amend the relevant entry in its register accordingly,

and where the authority removes or amends an entry from or in its register by virtue of this paragraph it shall notify the establishment or undertaking in writing of the removal or amendment.".

(11) In regulation 18(6), for "not exceeding level 2 on the standard scale" there shall be substituted-

"not exceeding-

(a)in the case of an exempt activity falling within paragraph 45(1) or (2) of Schedule 3, level 2 on the standard scale; and

(b)in any other case, £10."

(12) In paragraph 5(1) of Schedule 3, after "used together with", there shall be inserted "(whether or not it is operated simultaneously with)".

(13) In each of paragraphs 40 and 41 of Schedule 3, after sub-paragraph (1), there shall be inserted the following sub-paragraph-

"(1A) Sub-paragraph (1) above does not apply to the storage of waste at a place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles.".

(14) In paragraph 42(1)(a) of Schedule 3, for "1st May 1994" there shall be substituted "1st April 1995".

(15) In paragraph 43(2) of Schedule 3, for "30th April 1995" there shall be substituted "31st July 1995".

(16) At the end of Schedule 3 there shall be added the following new paragraphs-

"44.-(1) Heating iron, steel or any ferrous-alloy, non-ferrous metal or non-ferrous metal alloy, in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts, for the purpose of removing grease, oil or any other non-metallic contaminant.

(2) Sub-paragraph (1) does not apply to the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

(3) In the case of a process involving the heating of iron, steel or any ferrous-alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (h), or (j) to (m), of Part A or paragraphs (a) to (c), or (e) or (f), of Part B of Section 2.1 of Schedule 1 to the 1991 Regulations.

(4) In the case of a process involving the heating of any non-ferrous metal or non-ferrous metal alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (g), or (i) to (k), of Part A of Section 2.2 of Schedule 1 to the 1991 Regulations.

(5) The secure storage of waste intended to be submitted to heating to which sub-paragraph (1) applies if the waste or, as the case may be, any container in which the waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.

(6) In this paragraph, "net rated thermal input" means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

(7) In this paragraph, "ferrous alloy" means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2 of Schedule 1 to the 1991 Regulations, and "non-ferrous metal alloy" shall be construed accordingly.

45.-(1) Subject to sub-paragraph (3) below, the carrying on, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles, in respect of a kind of waste described in Table 4A, of any of the activities specified in that Table in relation to that kind of waste if-

(a)the total quantity of any particular kind of waste so dealt with at that place does not in any period of seven days exceed the limit specified in relation to that kind of waste in that Table;

(b)the activity is carried on with a view to the recovery of the waste (whether or not by the person carrying on the activity listed in that Table);

(c)every part of that place upon which the activity is carried out is surfaced with an impermeable pavement provided with a sealed drainage system; and

(d)the plant or equipment used in carrying on the activity is maintained in reasonable working order.

(2) Subject to sub-paragraph (3) below, the storage, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles, of waste of a kind listed in Table 4B if-

(a)the waste is to be submitted to any of the activities specified in Table 4A in relation to that kind of waste, or to a recycling or reclamation operation authorised by a waste management licence or an authorisation under Part I of the 1990 Act;

(b)the total quantity of waste of that kind stored at that place does not exceed the maximum total quantity specified in Table 4B in relation to that kind of waste;

(c)no waste is stored at that place for a period exceeding 12 months;

(d)each kind of waste is either stored separately or is kept in separate containers, but in a case where a consignment consisting of more than one kind of waste is delivered to that place it may be stored unseparated at that place pending sorting for a period not exceeding 2 months;

(e)in the case of waste which is liquid or consists of motor vehicle batteries, it is stored in a secure container;

(f)in the case of waste motor vehicles from which all fluids have been drained, they are, unless stored on a hardstanding, stored on an impermeable pavement;

(g)subject to paragraph (f) above, the waste or, as the case may be, any container in which it is stored, is stored on an impermeable pavement which is provided with a sealed drainage system; and

(h)the height of any pile or stack of waste does not exceed 5 metres.

(3) Sub-paragraph (1) or (2) above only applies to the carrying on of an activity at a place if-

(a)the person responsible for the management of that place-

(i)has established administrative arrangements to ensure that-

(A)waste accepted at that place is of a kind listed in Table 4A or, as the case may be, Table 4B; and

(B)no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the terms and conditions of the exemption;

and

(ii)carries out a monthly audit to confirm compliance with the terms and conditions of the exemption;

(b)the records required by paragraph 14 of Part I of Schedule 4 are kept in such a form as to show, for each month, the total quantity of each kind of waste recovered during that month at that place, and details of the total quantity of each kind of waste recovered at that place during the preceding 12 months are sent annually to the appropriate registration authority with the annual fee referred to in paragraph (d) below;

(c)an up to date plan of that place containing the details referred to in regulation 18(4A)(c)(i) to (iv) is sent annually to the appropriate registration authority with the annual fee referred to in paragraph (d) below; and

(d)a fee of £100 is paid annually in respect of that place to the appropriate registration authority by the due date which shall be ascertained in accordance with sub-paragraph (4) below.

(4) For the purposes of ascertaining the due date in any year for payment of the fee referred in sub-paragraph (3)(d) above in respect of any place-

(a)the appropriate registration authority shall serve notice in accordance with the following provisions of this sub-paragraph on the establishment or undertaking from which notice has been received by the authority under regulation 18(4A) in respect of that place;

(b)a notice required by paragraph (a) above shall be served not later than one month before the anniversary of the date when the notice, plan and fee referred to in regulation 18(4A) were received by the authority in respect of that place and shall specify-

(i)the amount of the payment due,

(ii)the method of payment,

(iii)the date of such anniversary,

(iv)that payment is due on that date or, if later, upon the day falling one month after the date of the notice, and

(v)the effect of payment not being made by the date on which it is due,

• and the due date for payment of the annual fee for that year by that establishment or undertaking in respect of that place shall be the date specified for payment in the notice.

(5) The temporary storage of waste (in this sub-paragraph referred to as "the non-scrap waste"), pending its collection, at a secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles if-

(a)the non-scrap waste is not of a kind described in Table 4B;

(b)the non-scrap waste was delivered to that place as part of a consignment of waste of which-

(i)at least 70 per cent by weight was waste consisting of waste motor vehicles; or

(ii)at least 95 per cent by weight was waste of any kind described in Table 4B other than waste motor vehicles,and is capable of being separated from that waste by sorting or hand dismantling;

(c)the non-scrap waste is stored at that place for no more than 3 months;

(d)in a case where the non-scrap waste is liquid, it is stored in a secure container; and

(e)the non-scrap waste or, as the case may be, the container in which the non-scrap waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.

(6) In Table 4A, "shearing" means the cold cutting of metal by purpose-made shears.

(7) For the purposes of this paragraph and paragraph 44 above, "sealed drainage system", in relation to an impermeable pavement, means a drainage system with impermeable components which does not leak and which will ensure that-

(a)no liquid will run off the pavement otherwise than via the system; and

(b)except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.".

(17) At the beginning of paragraph 13(1) of Part I of Schedule 4, there shall be inserted "Subject to sub-paragraphs (3) to (5) below,".

(18) At the end of paragraph 13 of Part I of Schedule 4, there shall be added the following sub-paragraphs-

"(3) Subject to sub-paragraph (4) below, in a case where an establishment or undertaking is carrying on an exempt activity in reliance upon an exemption conferred by regulation 17(1) of, and paragraph 45(1) or (2) of Schedule 3 to, these Regulations, a competent authority which is a waste regulation authority shall discharge its duty under sub-paragraph (1) in respect of any place where such an activity is so carried on by-

(a)carrying out an initial inspection of that place within two months of having received in respect of that place the notice, plan and fee referred to in regulation 18(4A); and

(b)thereafter carrying out periodic inspections of that place at intervals not exceeding 12 months.

(4) Where the notice, plan and fee referred to in paragraph (a) of sub-paragraph (3) above are received by the authority before 1st October 1995, that paragraph shall have effect as if for the reference to carrying out an initial inspection within two months of the receipt of such notice, plan and fee there were substituted a reference to carrying out such an inspection within nine months of their receipt.

(5) In the case of any such place as is mentioned in sub-paragraph (3) above, but without prejudice to any duties of waste regulation authorities imposed otherwise than by this paragraph, sub-paragraph (1) above does not require (but does permit) a competent authority which is a waste regulation authority to carry out the periodic inspections referred to in sub-paragraph (3)(b) above at intervals of less than 10 months.".

(19) In paragraph 14(1) of Part I of Schedule 4, before "sub-paragraph (2) below" there shall be inserted "paragraph 45(3)(b) of Schedule 3 and".

(20) At the beginning of paragraph 14(2) of Part I of Schedule 4, there shall be inserted "Subject to sub-paragraph (3) below,".

(21) At the end of paragraph 14 of Part I of Schedule 4, there shall be added the following sub-paragraph-

"(3) Sub-paragraph (1) above does apply to an activity subject to an exemption conferred by regulation 17(1) of, and paragraph 45(1) or (2) of Schedule 3 to, these Regulations.".

(22) Paragraph 1(6) of Part I of Schedule 5 is hereby revoked.

Technical competence-transitional provisions

4.-(1) Where before 10th July 1995 a person has applied to the Waste Management Industry Training and Advisory Board for a certificate of technical competence and at any time in the 23 months ending on that date he acted as the manager of a facility of a type listed in Table 1 in the Principal Regulations for which the certificate is a relevant certificate, then, until 10th August 1999, regulation 4 of the Principal Regulations shall not apply to him in relation to either-

(a)any facility of that type; or

(b)a facility of any other type if-

(i)the certificate is a relevant certificate for that other type of facility; and

(ii)the entry for that other type of facility appears, in Table 1 in the Principal Regulations, after the entry in that Table for the type of facility in respect of which he acted as the manager,

and he shall be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to any such facility.

(2) A person shall be treated as the manager of a facility for the purposes of paragraph (1) above if at the relevant time he was the manager of activities which were carried on at that facility and either-

(a)those activities involved the recovery or disposal of waste as or as part of a process designated for central control under section 2(4) of the 1990 Act and were authorised by an authorisation granted under Part I of that Act; or

(b)those activities involved the disposal of waste as or as part of a process designated for local control under section 2(4) of the 1990 Act and falling within paragraph (a) of Part B of Section 5.1 (incineration) of Schedule 1 to the 1991 Regulations and were authorised by an authorisation granted under Part I of that Act.

(3) Where at any time in the 15 months ending on 31st July 1995 a person has acted as the manager of a facility the operation of which at that time was not in breach of section 33(1)(a) or (b) of the 1990 Act solely by virtue of the exemption provided by regulation 17 of, and paragraph 43 of Schedule 3 to, the Principal Regulations, then, until the date specified in paragraph (4) below, regulation 4 of the Principal Regulations shall not apply to him in relation to that facility and he shall be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to that facility.

(4) The date referred to in paragraph (3) above as being specified in this paragraph is 31st July 1995 except in the following cases-

(a)where the facility is of a type listed in Table 1 in the Principal Regulations, and the person has applied on or before 31st July 1995 to the Waste Management Industry Training and Advisory Board for a certificate of technical competence which is a relevant certificate, then the specified date is 10th August 1999;

(b)where the facility is not of a type listed in Table 1 in the Principal Regulations, and an application is made on or before 31st July 1995 for a waste management licence which, if granted, would authorise the operation of the facility, then the specified date is the day after the day upon which the licence is granted or, if the application is (or is deemed to be) rejected, the day after-

(i)the day on which the period for appealing expires without any appeal having been made; or

(ii)the day on which any appeal is withdrawn or finally determined.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend-

(a)the Waste Management Licensing Regulations 1994 ("the Principal Regulations"); and

(b)the Controlled Waste Regulations 1992.

Regulation 2 amends the Controlled Waste Regulations 1992. In particular, regulation 2(1) provides that scrap metal will become controlled waste for the purposes of section 34 (duty of care) of the Environmental Protection Act 1990 ("the 1990 Act") on 1st October 1995.

Regulation 3 amends the Principal Regulations. Regulation 3(2) and (22) makes provision for the service of notices. Regulation 3(3) substitutes a new regulation 12 and has effect to prescribe additional descriptions of mobile plant for the purposes of Part II of the 1990 Act.

Regulation 3(16) inserts new paragraphs 44 and 45 into Schedule 3 to the Principal Regulations. The new paragraph 45 confers exemptions (subject to conditions which include the payment of an annual fee of £100) from waste management licensing in respect of the carrying out of certain activities in relation to scrap metal and waste motor vehicles, but regulation 3(6) limits the exemptions to cases where the occupier's consent has been given or there is other entitlement to use the land. Regulation 3(13) restricts certain existing exemptions insofar as they relate to waste storage at places designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles. Regulation 3(5) provides that the new paragraph 45 exemptions do not apply where the activities are carried on under a licence applied for after 31st March 1995. Regulation 3(7) to (10) amends regulation 18 of the Principal Regulations so as to make special provision for registration (including the payment of an initial fee of £300) in connection with the new exemptions in paragraph 45(1) and (2). Regulation 3(17) to (21) makes related amendments to paragraphs 13 and 14 of Part I of Schedule 4 to the Principal Regulations (periodic inspection and record keeping).

Regulation 3(7) and (8) also amends regulation 18 of the Principal Regulations to make it clear that registration does not apply to the carrying on, by a waste disposal authority in Scotland, of an exempt activity to which a resolution under section 54 of the 1990 Act relates.

Regulation 3(11) amends regulation 18(6) of the Principal Regulations (penalty for failure to register in connection with exempt activity) so as to reduce the penalty from level 2 on the standard scale to £10 except in the case of an exempt activity falling within the new paragraph 45(1) or (2) of Schedule 3 to the Principal Regulations (exempt scrap metal etc. activities).

Regulation 3(12), and regulation 3(16) (insofar as it inserts a new paragraph 44 into Schedule 3 to the Principal Regulations), makes amendments consequential upon the provisions of the Environmental Protection (Prescribed Processes and Substances etc.) (Amendment) Regulations 1994. In particular, the new paragraph 44 inserted into Schedule 3 to the Principal Regulations confers an exemption from waste management licensing under Part II of the 1990 Act for certain heating processes for the decontamination of waste metal.

Regulation 3(4) has effect to confer an exemption from waste management licensing for any non-final deposit of waste which does not amount to the recovery or disposal of waste and which is part of a process designated for central control and authorised under Part I of the 1990 Act.

Regulation 3(14) extends a transitional exemption from waste management licensing for certain activities involving scrap metal (paragraph 42 of Schedule 3 to the Principal Regulations) and has effect to confer an exemption on those who, on 1st April 1995, have pending licence applications under Part I of the Control of Pollution Act 1974 for such activities. Regulation 3(15) extends a transitional exemption from waste management licensing for those carrying on, since before 1st May 1994, activities which were not subject to licensing under Part I of the 1974 Act.

Regulation 4 of these Regulations provides that regulation 4 of the Principal Regulations (persons only to be treated as technically competent to manage certain waste facilities if holding a relevant certificate of technical competence awarded by the Waste Management Industry Training and Advisory Board) shall, for a transitional period, not apply to persons with certain specified experience and qualifications. It further provides that such persons, for that period, are to be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act.