Waste Management Licensing Regulations 1994
| Year | 1994 |
1994 No. 1056
ENVIRONMENTAL PROTECTION
The Waste Management Licensing Regulations 1994
Made 12th April 1994
Laid before Parliament 13th April 1994
The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales and the Secretary of State for Scotland as respects Scotland, being Ministers designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the prevention, reduction and elimination of pollution of water and the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred on them by section 2(2) of that Act, sections 30(4) and 104(1) of the Control of Pollution Act 19743, sections 1(3)(a), 2, 8(2) and 9(1)4of the Control of Pollution (Amendment) Act 19895, sections 29(10), 33(3), 35(6), 36(1), 39(3), 40(3), 43(8), 45(3), 50(3), 54(14), 64(1), (4) and (8), 74(6), 75(8) and 156 of the Environmental Protection Act 19906(having in particular had regard in exercising their powers under section 33(3) of that Act to the matters specified in section 33(4) of that Act) and of all other powers enabling them in that behalf hereby make the following Regulations:
Citation, commencement, interpretation and extent
1.—(1) These Regulations may be cited as the Waste Management Licensing Regulations 1994 and, except for regulations 4 and 5, shall come into force on 1st May 1994.
(2) Regulations 4 and 5 shall come into force on 10th August 1994.
(3) 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 19917;
“construction work” includes the repair, alteration or improvement of existing works;
“the Directive” means Council Directive 75/442/EECon waste8as amended by Council Directives 91/156/EEC9and 91/692/EEC10;
“Directive waste” means any substance or object in the categories set out in Part II of Schedule 4 which the producer or the person in possession of it discards or intends or is required to discard but with the exception of anything excluded from the scope of the Directive by Article 2 of the Directive, “discard” has the same meaning as in the Directive, and “producer” means anyone whose activities produce Directive waste or who carries out preprocessing, mixing or other operations resulting in a change in its nature or composition;
“disposal” means any of the operations listed in Part III of Schedule 4, and anyreference to waste being disposed of is a reference to its being submitted to any ofthose operations;
“disposal licence” and “disposal authority” have the meaning given by sections 3(1)and 30(2) to (2D) respectively of the Control of Pollution Act 197411;
“enforcing authority” and “local enforcing authority” have the meaning given bysection 1(7) and (8) of the 1990 Act;
“exempt activity” means any of the activities set out in Schedule 3;
“inland waters”—
(a) in England and Wales, has the meaning given by section 221(1) of the Water Resources Act 199112;
(b) in Scotland, has the meaning given by section 30A of the Control of Pollution Act 197413except that it includes any loch or pond whether or not it discharges into a river or watercourse;
“operational land” has the meaning given by sections 263 and 264 of the Town and Country Planning Act 199014or, in Scotland, sections 211 and 212 of the Town and Country Planning (Scotland) Act 197215;
“recovery” means any of the operations listed in Part IV of Schedule 4, and any reference to waste being recovered is a reference to its being submitted to any of those operations;
“scrap metal” has the meaning given by section 9(2) of the Scrap Metal Dealers Act 196416;
“special waste” has the meaning given by regulation 2 of the Control of Pollution (Special Waste) Regulations 198017;
“waste” means Directive waste;
“waste management licence” has the meaning given by section 35(1) of the 1990 Act,and “site licence” has the meaning given by section 35(12) of the 1990 Act;
“waste oil” means any mineral-based lubricating or industrial oil which has become unfit for the use for which it was originally intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil;
“waste regulation authority”, “waste disposal authority” and “waste collection authority” have the meaning given by section 30 of the 1990 Act; and
“work” includes preparatory work.
(4) Any reference in these Regulations to carrying on business as a scrap metal dealer has the meaning given by section 9(1) of the Scrap Metal Dealers Act 1964, and any reference, in relation to Scotland, to carrying on business as a metal dealer has the meaning given by section 37(2) of the Civic Government (Scotland) Act 198218.
(5) Regulations 13, 14 and 15, and Schedule 4, shall apply in relation to land in the area of a waste disposal authority in Scotland which is occupied by the authority as if—
(a)
(a) references to a waste management licence were references to a resolution undersection 54 of the 1990 Act;
(b)
(b) references to an application being made for a waste management licence were references to consideration being given to passing such a resolution;
(c)
(c) references to granting or issuing a waste management licence were references to passing, and references to rejecting an application were references to not passing, such a resolution;
(d)
(d) references to the terms or conditions of a waste management licence were references to the terms or conditions specified in such a resolution; and
(e)
(e) references to varying or revoking a waste management licence under section 37 or 38 of the 1990 Act were references to varying or rescinding such a resolution under section 54(8) of that Act.
(6) These Regulations do not extend to Northern Ireland.
Application for a waste management licence or for the surrender or transfer of a waste management licence
2.—(1) An application for a waste management licence shall be made in writing.
(2) An application for the surrender of a site licence shall be made in writing and shall, subject to paragraphs (3) and (4) below, include the information and be accompanied by the evidence prescribed by Schedule 1.
(3) Nothing in paragraph (2) above shall require the information prescribed by paragraphs 3 to 6 of Schedule 1 to be provided to the waste regulation authority if the information has previously been provided by the applicant to the authority or a predecessor of the authority in connection with a waste management licence, or a disposal licence under section 5 of the Control of Pollution Act 1974, in respect of the site in question or any part of it.
(4) Insofar as the information prescribed by paragraphs 4, 5(a) and 6(a) of Schedule 1 relates to activities carried on, or works carried out, at the site at a time prior to the applicant’s first involvement with the site, paragraph (2) above only requires that information to be included in the application so far as it is known to either the applicant or, where the applicant is a partnership or body corporate, to any of the partners or, as the case may be, to any director, manager, secretary or other similar officer of the body corporate.
(5) An application for the transfer of a waste management licence shall be made in writing and shall include the information prescribed by Schedule 2.
Relevant offences
3. An offence is relevant for the purposes of section 74(3)(a) of the 1990 Act if it is an offence under any of the following enactments—
(a) section 22 of the Public Health (Scotland) Act 189719;
(b) section 95(1) of the Public Health Act 193620;
(c) section 3, 5(6), 16(4), 18(2), 31(1), 32(1), 34(5), 78, 92(6) or 93(3) of the Control of Pollution Act 197421;
(d) section 2 of the Refuse Disposal (Amenity) Act 197822;
(e) the Control of Pollution (Special Waste) Regulations 1980;
(f) section 9(1) of the Food and Environment Protection Act 198523;
(g) the Transfrontier Shipment of Hazardous Waste Regulations 198824;
(h) the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 198825;
(i) section 1, 5, 6(9) or 7(3) of the Control of Pollution (Amendment) Act 1989;
(j) section 107, 118(4) or 175(1) of the Water Act 198926;
(k) section 23(1), 33, 34(6), 44, 47(6), 57(5), 59(5), 63(2), 69(9), 70(4), 71(3) or 80(4) of the 1990 Act;
(l) section 85, 202 or 206 of the Water Resources Act 1991;
(m) section 33 of the Clean Air Act 199327.
Technical competence
4.—(1) Subject to paragraph (2) and regulation 5 below, a person is technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to a facility of a type listed in Table 1 below if, and only if, he is the holder of one of the certificates awarded by the Waste Management Industry Training and Advisory Board specified in that Table as being a relevant certificate of technical competence for that type of facility.
Table 1
Type of facility |
Relevant certificate of technical competence |
A landfill site which receives special waste. |
Managing landfill operations: special waste (level 4). |
A landfill site which receives biodegradable waste or which for some other reason requires substantial engineering works to protect the environment but which in either case does not receive any special waste. |
1. Managing landfill operations: biodegradable waste (level 4); or 2. Managing landfill operations: special waste (level 4). |
Any other type of landfill site with a total capacity exceeding 50,000 cubic metres. |
1. Landfill operations: inert waste (level 3); or 2. Managing landfill operations: biodegradable waste (level 4); or 3. Managing landfill... |
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