Waste Incineration (England and Wales) Regulations 2002
| Year | 2002 |
2002 No. 2980
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
The Waste Incineration (England and Wales) Regulations 2002
Made 3rd December 2002
Laid before Parliament 4th December 2002
Coming into force 28th December 2002
The Secretary of State, in exercise of the powers conferred on her by section 2 of the Pollution Prevention and Control Act 19991, having in accordance with section 2(4) of that Act consulted the Environment Agency, such bodies or persons appearing to her to be representative of the interests of local government, industry, agriculture and small businesses respectively as she considers appropriate, and such other bodies and persons as she considers appropriate, hereby makes the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Waste Incineration (England and Wales) Regulations 2002.
(2) These Regulations shall come into force on 28th December 2002.
(3) These Regulations extend to England and Wales.
Interpretation
2.—(1) In these Regulations—
“the 1990 Act” means the Environmental Protection Act 19902;
“the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 20003;
“authorisation” means an authorisation granted under section 6 of the 1990 Act;
“existing waste incineration installation” means a waste incineration installation which—
(a) in the case of an installation which is a co-incineration plant, is put into operation before 28th December 2004 subject to a relevant approval; or
(b) in any other case—
(i) is put into operation before 28th December 2003 subject to a relevant approval granted before 28th December 2002; or
(ii) is put into operation before 28th December 2004 subject to a relevant approval granted on the basis of a duly made application submitted before 28th December 2002;
and where an installation becomes authorised as a waste incineration installation for the first time as a result of a modification or variation pursuant to section 10, 11 or 37 of the 1990 Act or regulation 17 of the 2000 Regulations, references in this definition to a relevant approval shall be construed as references to that modification or variation and not to the original relevant approval, and references to the grant of an approval shall be construed as references to the service of the notice effecting the modification or variation; and
“relevant approval” means any of the following—
(a) a permit;
(b) an authorisation;
(c) a waste management licence granted under section 36 of the 1990 Act; or
(d) an exemption registered under regulation 18 of the Waste Management Licensing Regulations 19944, and the entry of particulars in the register under regulation 18 of those Regulations shall be treated as the grant of a relevant approval for the purposes of the definition of “existing waste incineration installation”.
(2) In these Regulations, words and expressions which are defined in the 2000 Regulations shall have the same meaning as in those Regulations.
Applications in relation to waste incineration installations
3.—(1) Where an existing waste incineration installation is on 31st December 2004 subject to a permit, the operator shall within the period 1st January to 31st March 2005 make an application under regulation 17 of the 2000 Regulations for a variation of the conditions of that permit.
(2) Where an existing waste incineration installation (not being one falling within Section 5.1 of Part 1 of Schedule 1 of the 2000 Regulations) is on 31st December 2004 subject to an authorisation, the operator shall within the period 1st January to 31st March 2005 either—
(a)
(a) apply under section 11 of the 1990 Act for a variation of the conditions of the authorisation; or
(b)
(b) make an application for a permit under regulation 10 of the 2000 Regulations.
(3) An application under paragraph (1) or (2) shall contain the information specified in paragraph 1B of Part 1 of Schedule 4 of the 2000 Regulations.
(4) Where a waste incineration installation would have fallen within paragraph (a), (b)(i) or (b)(ii) of the definition of existing waste incineration installation in regulation 2 had it been put into operation before the date specified in the applicable paragraph, it shall not thereafter be put into operation unless—
(a)
(a) in the case of an installation which is already subject to a permit, the permit is varied pursuant to an application under regulation 17 of the 2000 Regulations; or
(b)
(b) in any other case, a permit is granted in relation to the installation.
(5) Where an operator fails to comply with any of the requirements of this regulation the regulator shall serve a notice on the operator specifying the relevant requirement, requiring him to comply with that requirement and specifying the period within which it must be complied with.
(6) A notice served under paragraph (5) shall be treated as an enforcement notice served under regulation 24(1) of the 2000 Regulations.
Transitional provisions
4. Part 1 of Schedule 3 to the 2000 Regulations shall apply in relation to any installation or mobile plant which by virtue of these Regulations becomes a Part A installation or Part A mobile plant (but which would otherwise not have been an installation or mobile plant or would have been a Part B installation or Part B mobile plant) as if—
(a) in paragraph 1 the prescribed date for a new Part A installation or new Part A mobile plant were 28th December 2002;
(b) in paragraph 4—
(i) sub-paragraph (1) were omitted; and
(ii) in sub-paragraph (2) for “1st January 2001” there were substituted “28th December 2002”; and
(c) in paragraph 6—
(i) for the definition of “existing” there were substituted—
““existing” means, in relation to a Part A installation or a Part A mobile plant—
(a) an installation or mobile plant which is put into operation before 28th December 2002;
(b) an installation or mobile plant which is put into operation on or after that date if—
(i) its operation was authorised by the relevant authorisation before that date; or
(ii) an application for such authorisation was duly made before that date”;
(ii) in the definition of “new” for “31st October 1999” there were substituted “28th December 2002”; and
(iii) in the definition of “relevant authorisation” for “31st October 1999” (in both places where it occurs) there were substituted “28th December 2002”.
Amendments to the 2000 Regulations
5.—(1) The 2000 Regulations have effect subject to the following amendments.
(2) In regulation 2 (interpretation: general)—
(a)
(a) in paragraph (1), after the definition of “variation notice” insert—
““waste incineration installation” means that part of an installation or mobile plant in which any of the following activities is carried out—
(a) the incineration of waste falling within Section 5.1A(1)(a), (b) or (c) or A(2) of Part 1 of Schedule 1; or
(b) any activity falling within any Section of that Part of that Schedule which is carried out in a co-incineration plant as defined in Section 5.1 of that Part of that Schedule”; and
(b)
(b) after paragraph (2A) insert—
“2B For the purposes of these Regulations a change in the operation of a waste incineration installation which involves incineration or co-incineration for the first time of hazardous waste shall be treated as a substantial change in operation, and for the purposes of this paragraph “co-incineration” and “hazardous waste” shall have the meanings given in Section 5.1 of Part I of Schedule 1.”
(3) In regulation 19 (application to surrender a permit for a Part A installation or Part A mobile plant)—
(a)
(a) in paragraph (1), delete “This regulation” and substitute “Subject to paragraph (1A) this regulation”; and
(b)
(b) after paragraph (1) insert—
“1A This regulation does not apply in relation to that part of any installation or mobile plant where an activity falling within Part A(2) of Section 5.1 of Part 1 of Schedule 1 is carried out.”
(4) In regulation 20 (notification of surrender of a permit for a Part B installation or Part B mobile plant) after paragraph (1) insert—
“1A This regulation also applies in relation to that part of any installation or mobile plant where an activity falling within Part A(2) of Section 5.1 of Part 1 of Schedule 1 is carried out.”
(5) In Part 1 of Schedule 1 (Activities, Installations and Mobile Plant)—
(a)
(a) delete Section 5.1 and substitute—
“Section 5.1—Incineration and Co-incineration of WastePart A(1)(a) The incineration of hazardous waste in an incineration plant.(b) Unless carried out as part of any...
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