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Statutory
Rule 2002 No. 248
The
Controlled Waste Regulations (Northern Ireland) 2002
© Crown Copyright 2002
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STATUTORY RULES OF NORTHERN
IRELAND
2002 No. 248
ENVIRONMENTAL PROTECTION
The Controlled Waste Regulations (Northern Ireland) 2002
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Made
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22nd July 2002
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Coming into operation
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27th August 2002
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The Department of the Environment, in exercise of the powers conferred on it
by Article 17(2) of the Litter (Northern Ireland) Order 1994[1], Articles 2(2), 2(3), 4(3) and 20(3) of the Waste and
Contaminated Land (Northern Ireland) Order 1997[2] and of all other powers enabling it in that behalf,
makes the following Regulations:
Citation and commencement
1. These Regulations may be cited
as the Controlled Waste Regulations (Northern Ireland) 2002 and shall come into operation on 27th August 2002.
Interpretation
2. - (1) In these
Regulations -
"the
Order" means the Waste and Contaminated Land (Northern Ireland) Order 1997;
"the
1994 Order" means the Litter (Northern Ireland) Order 1994;
"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;
"construction"
includes improvement, repair or alteration;
"mixed
hereditament" means a hereditament which is used partly for the purposes
of a dwelling house as defined in Schedule 5 to the Rates (Northern Ireland)
Order 1977[3] and partly for other
purposes;
"sludge" means
residual sludge from sewage plants treating domestic or urban waste waters
and from other sewage plants treating waste waters of a composition similar
to domestic and urban waste waters; and
"septic
tank sludge" means residual sludge from septic tanks and other similar
installations for the treatment of sewage.
(2) 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 (Northern
Ireland) 1949[4];
(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
3. Subject to regulation 4, waste
of the descriptions set out in Schedule 1 shall be treated as household waste
for the purposes of Part II of the Order.
Waste not to be treated as household waste
4. Waste of the following
descriptions shall not be treated as household waste for the purposes of
Article 4(2) of the Order (treatment, keeping or disposal of household waste
within the curtilage of a dwelling) -
(a) any
mineral or synthetic oil or grease;
(b) asbestos; and
(c) clinical waste.
Charges for
the collection of household waste
5. The collection of any of
the types of household waste set out in Schedule 2 is prescribed for the
purposes of Article 20(3) of the Order as a case in respect of which a charge
for collection may be made.
Waste to be treated as industrial waste
6. Subject to regulation 8,
waste of the descriptions set out in Schedule 3 shall be treated as
industrial waste for the purposes of Part II of the Order.
Waste to be treated as commercial waste
7. Subject to regulation 8,
waste of the descriptions set out in Schedule 4 shall be treated as
commercial waste for the purposes of Part II of the Order.
Waste not to be treated as industrial or commercial waste
8. Waste of the following
descriptions shall not be treated as industrial waste or commercial waste for
the purposes of Part II of the Order -
(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 Sludge (Use in
Agriculture) Regulations (Northern Ireland) 1990[5];
(c) septic tank sludge which is used on agricultural land within the meaning
of the Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990.
Application of Part II of the Order to
litter
9. Part II of the Order shall have
effect as if -
(a)
references to controlled waste included references to litter to which Article
17 of the 1994 Order applies;
(b) references to controlled waste of a description set out in the first
column of Table A included references to litter of a description set out in
the second column thereof;
(c) references to controlled waste collected under Article 20 of the Order
included references to litter collected under Articles 7(1)(a) and 12(10) of
the 1994 Order; and
(d) references to controlled waste collected under Article 20 of the Order
which is waste of a description set out in the first column of Table B
included references to litter of a description set out in the second column
thereof.
Table A
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Description of waste
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Description of litter
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Household waste.
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Litter collected under
Article 7(1)(a) and (e) of the 1994 Order.
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Industrial waste.
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Litter collected under
Article 7(1)(b) and (d) of the 1994 Order.
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Commercial waste.
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Litter collected under
Articles 7(1)(c) and (f), 12(10) and 13 of the
1994 Order.
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Table B
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Description of waste
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Description of litter
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Household waste.
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Litter collected under
Article 7(1)(a) of the 1994 Order.
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Commercial waste.
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Litter collected under
Article 12(10) of the 1994 Order.
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Exceptions
from Article 4(1)(c) of the Order
10. - (1)
Subject to the following provisions of this regulation, Article 4(1)(c) of
the Order shall not apply -
(a) in cases where a
disposal licence under Article 7 of the Pollution Control and Local
Government (Northern Ireland) Order 1978[6] is not required by virtue of regulation 9 of the Waste
Collection and Disposal Regulations (Northern Ireland) 1992[7]; or
(b) as respects the use of land by a district council in accordance with a
resolution under Article 13 of that Order.
(2) Paragraph (1)(b)
shall cease to apply in relation to a district council as from the date on
which an existing resolution of a district council is deemed to be a waste
management licence under Article 47(3) of the Order.
Revocations
11. Regulations 3 to 7 of and Schedules 1 to 4 to the Waste Collection
and Disposal Regulations (Northern Ireland) 1992 are hereby revoked.
Sealed with the Official Seal of the Department of the Environment on
22nd July 2002.
L.S.
Dermot Nesbitt
Minister of the Environment
SCHEDULE
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Regulation 3
WASTE TO BE TREATED AS HOUSEHOLD WASTE
1. Waste from any hereditament which is
distinguished as exempt from rates by virtue of Article 41(2)(b) of the Rates
(Northern Ireland) Order 1977 in so far as it relates to purposes connected
with public religious worship.
2. Waste from premises occupied by a charity and
wholly or mainly used for charitable purposes.
3. Waste from any land belonging to or used in
connection with domestic property, a caravan or a residential home.
4. Waste from a private garage which either has a
floor area of 25 square metres or less or is used wholly or mainly for the
accommodation of a private motor vehicle.
5. Waste from private storage premises used wholly
or mainly for the storage of articles of domestic use.
6. Waste from a moored vessel used wholly for the
purposes of living accommodation.
7. Waste from a camp site.
8. Waste from a prison or other penal institution.
9. Waste from a hall or other premises used wholly
or mainly for public meetings.
10. Waste arising from the discharge by a district
council of its duty under Article 7(2) of the 1994 Order.
SCHEDULE
2
Regulation 5
TYPES OF HOUSEHOLD WASTE FOR WHICH A CHARGE FOR
COLLECTION MAY BE MADE
1. Any article of waste which exceeds 25 kilograms
in weight.
2. Any article of waste which does not fit, or
cannot be fitted into -
(a) a
receptacle for household waste provided in accordance with Article 21 of the
Order; or
(b) where no such receptacle is provided, a cylindrical container 750
millimetres in diameter and 1 metre in length.
3. Garden waste.
4. Clinical waste from a domestic property, a caravan
or from a moored vessel used wholly for the purposes of living accommodation.
5. Waste from a residential hostel, a residential
home or from premises forming part of a university, school or other
educational establishment or forming part of a hospital or nursing home.
6. Waste from a domestic property or a caravan used
in the course of a business for the provision of self-catering holiday
accommodation.
7. Dead domestic pets.
8. Any substances or articles which, by virtue of a
notice served by a district council under Article 21 of the Order, the
occupier of the premises may not put into a receptacle for household waste
provided in accordance with that Article.
9. Litter collected under Article 7(1)(e) of the 1994 Order.
10. Waste from domestic property forming part of a
mixed hereditament.
11. Any mineral or synthetic oil or grease.
12. Asbestos.
13. Waste from a caravan which in accordance with
any licence or planning permission regulating the use of the caravan site on
which the caravan is stationed is not allowed to be used for human habitation
throughout the year.
14. Waste from a camp site, other than from any
domestic property on that site.
15. Waste from premises occupied by a charity and
wholly or mainly used for charitable purposes, unless it is waste falling
within paragraph 1 of Schedule 1.
16. Waste from a prison or other penal institution.
17. Waste from a hall or other premises used wholly
or mainly for public meetings.
SCHEDULE
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Regulation 6
WASTE TO BE TREATED AS INDUSTRIAL WASTE
1. Waste from premises used for maintaining
vehicles, vessels or aircraft, not being waste from a private garage to which
paragraph 4 of Schedule 1 applies.
2. Waste from a laboratory.
3. - (1) Waste from a workshop or similar
premises not being a factory within the meaning of section 175 of the
Factories Act (Northern Ireland) 1965[8] because the people working there are not employees or
because the work there is not carried on by way of trade or for purposes of
gain.
(2) In this paragraph, "workshop" does not
include premises at which the principle activities are computer operations or
the copying of documents by photographic or lithographic means.
4. Waste from premises occupied by a scientific
research association approved by the Secretary of State under section 508 of
the Income and Corporation Taxes Act 1988[9].
5. Waste from dredging operations.
6. Waste arising from tunnelling or from any other
excavation.
7. Waste arising from works of construction or
demolition, including waste arising from work preparatory thereto.
8. Septic tank sludge not falling within regulation
8(a) or (c).
9. Sewage not falling within a description in
regulation 8 which -
(a) is treated, kept or disposed of in or on land,
other than by means of a privy, cesspool or septic tank;
(b) is treated, kept or disposed of by means of mobile plant; or
(c) has been removed from a privy or cesspool.
10. Clinical
waste other than -
(a) clinical waste from a domestic property, caravan,
residential home or from a moored vessel used wholly for the purposes of
living accommodation; or
(b) waste collected under Articles 7, 12(10) or 13 of the 1994 Order.
11. Waste arising
from any aircraft, vehicle or vessel which is not occupied for domestic
purposes.
12. Waste which has previously formed part of any
aircraft, vehicle or vessel and which is not household waste.
13. Waste removed from land on which it has
previously been deposited and any soil with which such waste has been in
contact, other than waste collected under Articles 7, 12(10) or 13 of the
1994 Order.
14. Leachate from a deposit of waste.
15. Poisonous or noxious waste arising from any of
the following processes undertaken on premises used for the purposes of a
trade or business -
(a) mixing or selling paints;
(b) sign writing;
(c) laundering or dry cleaning;
(d) developing photographic film or making photographic prints;
(e) selling petrol, diesel fuel, paraffin, kerosene, heating oil or similar
substances; or
(f) selling pesticides, herbicides or fungicides.
16. Waste from
premises used for the purposes of breeding, boarding, stabling or exhibiting
animals.
17. - (1) Waste oil or waste solvent,
other than -
(a) waste from a domestic property, caravan or
residential home;
(b) waste falling within paragraphs 3 to 6 of Schedule 1.
(2) In this
paragraph -
"waste oil" means
mineral or synthetic oil which is contaminated, spoiled or otherwise unfit
for its original purpose; and
"waste
solvent" means solvent which is contaminated, spoiled or otherwise unfit
for its original purpose.
18. Waste arising
from the discharge by the Department of its duty under Article 7(2) of the
1994 Order.
19. Waste imported into Northern
Ireland.
20. - (1) Tank washings or garbage landed
in Northern Ireland.
(2) In this paragraph -
"tank washings"
means waste residues from the tanks (other than the fuel tanks) or holds of a
ship or waste arising from the cleaning of such tanks or holds; and
"garbage"
means all kinds of victual, domestic and operational waste excluding fresh
fish and parts thereof, generated during the normal operation of the ship and
liable to be disposed of continuously or periodically, except sewage
originating from ships.
SCHEDULE
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Regulation 7
WASTE TO BE TREATED AS COMMERCIAL WASTE
1. Waste from an office or showroom.
2. Waste from a hotel within the meaning of section
1(3) of the Hotel Proprietors Act (Northern Ireland) 1958[10].
3. Waste from any part of a mixed hereditament which
is used for the purposes of a trade or business.
4. Waste from a private garage which either has a
floor area exceeding 25 square metres or is not used wholly or mainly for the
accommodation of a private motor vehicle.
5. Waste from premises occupied by a club, society
or any association of persons (whether incorporated or not) in which
activities are conducted for the benefit of the members.
6. Waste from premises (not being premises from
which waste is by virtue of the Order or of any other provision of these
Regulations to be treated as household waste or industrial waste) occupied
by -
(a) a court;
(b) a government department;
(c) a district council;
(d) a body corporate or an individual appointed by or under any enactment to
discharge any public functions; or
(e) a body incorporated by a Royal Charter.
7. Waste from a
tent pitched on land other than a camp site.
8. Waste from a market or fair.
9. Waste collected under Article 7(5) of the 1994
Order.
EXPLANATORY
NOTE
(This note is not part of the Regulations.)
Article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997 ("the Order") defines three
sorts of controlled waste: household, industrial and commercial waste. The
Order enables regulations to be made whereby waste of any description is to
be treated for the purposes of the provisions of Part II as being of one or
other of those categories. In these Regulations references to waste includes
references to litter as provided for by Article 17 of the Litter (Northern Ireland) Order 1994.
Regulation 3 provides for certain descriptions of waste to be treated as
household waste for the purposes of Part II of the Order.
Regulation 4 prescribes certain types of waste which are not to be treated as
household waste.
Regulation 5 prescribes a number of cases where a charge may be made for the
collection of household waste.
Regulation 6 prescribes certain types of waste which are to be treated as
industrial waste.
Regulation 7 prescribes certain types of waste which are to be treated as
commercial waste.
Regulation 8 prescribes certain types of waste which are not to be treated as
industrial or commercial waste.
Regulation 9 provides for certain types of litter to be treated as controlled
waste for the purposes of Part II of the Order.
Regulation 10 exempts from the duty under Article 4(1)(c) of the Order
(prohibition on unauthorised or harmful deposit, treatment or disposal etc of
controlled waste) cases where a disposal licence is not required under Part
II of the Pollution Control and Local Government (Northern Ireland) Order
1978, and certain land used by existing district councils.
Regulation 11 makes consequential revocations in respect of the Waste
Collection and Disposal Regulations (Northern Ireland) 1992.
Notes:
[1] S.I. 1994/1896 (N.I. 10)back
[2] S.I. 1997/2778 (N.I. 19), see Article 2(2) for
definition of "the Department", "prescribed" and
"regulations"back
[3] S.I. 1977/2157 (N.I. 28)back
[4] 1949 c. 2 (N.I.)back
[5] S.R. 1990 No. 245back
[6] S.I. 1978/1049 (N.I. 19)back
[7] S.R. 1992 No. 254; regulation 9 and Schedule 6 are
amended by regulation 2 of the Waste Collection and Disposal (Amendment)
Regulations (Northern Ireland) 1997 (S.R. 1997 No. 52) and by regulation 21
of and Schedule 3 to the Special Waste Regulations (Northern Ireland) 1998
(S.R. 1998 No. 289)back
[8] 1965 c. 20 (N.I.)back
[9] 1988 c. 1back
[10] 1958 c. 32 (N.I.)back
ISBN 0 33794318 4
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