Control of Pollution (Special Waste) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1709 |
| Year | 1980 |
1980 No. 1709
PUBLIC HEALTH, ENGLAND AND WALES
PUBLIC HEALTH, SCOTLAND
The Control of Pollution (Special Waste) Regulations 198030thOctober 1980
17thNovember 1980
16thMarch 1981
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, in exercise of the powers conferred on them by sections 17(1)(a), (d) and (e), (2)(b) and (d), (3)(a), (b) and (c), 30(5)(a) and (b) and 104(1) of the Control of Pollution Act 1974(a) and of all other powers enabling them in that behalf, hereby make the following regulations:—
PART I: INTRODUCTORY
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Control of Pollution (Special Waste) Regulations 1980 and shall come into operation on 16th March 1981.
(2) In these regulations—
"the Act" means the Control of Pollution Act 1974;
"carrier", "consignment note", "disposer" and "producer" have the meanings respectively assigned to them in regulations 4(5), 4(1), 6 and 4(1);
"controlled waste" and "disposal authority" have the meanings assigned to them by section 30.
(3) Any reference in these regulations to a numbered regulation or schedule shall be construed as a reference to the regulation or schedule bearing that number in these regulations and any reference to a numbered section shall be construed as a reference to the section bearing that number in the Act.
Meaning of special waste
2.—(1) The term "special waste" shall apply to any controlled waste which—
(a) consists of or contains any of the substances listed in Part I of Schedule 1 and by reason of the presence of such substance,
(i) is dangerous to life within the meaning of Part II of Schedule 1, or
(ii) has a flash point of 21 degrees Celsius or less as determined by the methods and with the apparatus laid down by the British Standards Institution in BS 3900: Part A, 8: 1976 (EN53), or
(b) is a medicinal product, as defined in section 130 of the Medicines Act 1968(b), which is available only in accordance with a prescription given by an appropriate practitioner as defined in section 58(1) of that Act.
(a) 1974 c. 40.
(b) 1968 c. 67.
Certain radioactive waste to be special waste
3.—(1) Section 17 shall have effect, without modification, so as to empower the Secretary of State to make provision for waste which would be controlled waste but for the fact that it is radioactive waste within the meaning of section 30(5) and, subject to section 9(1) of the Radioactive Substances Act 1960(a), regulation 2(1) shall apply to any such waste as if it were controlled waste.
(2) In Schedule 1 to the Radioactive Substances Act 1960, after paragraph 8B there shall be inserted the following paragraph 8C:
"The Control of Pollution (Special Waste) Regulations 1980.", and after paragraph 9 the same paragraph, numbered 9A.
PART II: CONSIGNMENT NOTES
Duties of producers
4.—(1) Any person who produces special waste (in these regulations referred to as "the producer") shall, before any such waste is removed from the premises at which it is produced, prepare six copies of the form set out in Schedule 2 (in these regulations referred to as "the consignment note"), shall complete parts A and B and shall furnish one copy to the disposal authority for the area in which it is to be disposed of.
(2) A producer may prepare fewer than six copies of the consignment note if he has reasonable grounds to suppose that a lesser number will be needed.
(3) Copies of consignment notes for the purposes of regulation 4(1) must be furnished not more than one month and not less than three clear days before the removal of the waste and in reckoning this period of days any Saturday, Sunday, Good Friday, Christmas Day, bank holiday or other public holiday shall be disregarded.
(4) A copy shall be treated as furnished in accordance with regulation 4(3) if it is so posted as to arrive in the ordinary course of post in compliance with the time limit there specified.
(5) Any person who transfers special waste from the premises at which it is produced to another person for disposal (in these regulations referred to as "the carrier") shall, before any such waste is removed from those premises, complete Part C of the consignment note and the producer shall then complete Part D.
(6) The producer shall retain one copy of the consignment note on which Parts A, B, C and D have been completed and, if the waste is to be disposed of in the area of an authority other than that in whose area the waste was produced, shall forthwith furnish another such copy to the authority for his own area.
(7) The producer shall furnish all the remaining copies to the carrier.
Duties of carriers
5.—(1) The carrier shall transmit the copies furnished to him under regulation 4 to the disposer and shall retain one copy of the consignment note on which Parts A, B, C, D and E have been completed.
(2) A disposal authority shall not be obliged to comply with this regulation in respect of waste collected by them within their own area and disposed of within that area.
(a) 1960 c. 34.
Duties of disposers
6.—(1) Any person who disposes of special waste (in these regulations referred to as "the disposer") shall on receiving a consignment of such waste—
(a) complete Part E of the consignment note on three of the remaining copies;
(b) retain one copy;
(c) forthwith furnish one copy to the disposal authority in whose area the waste was produced, and
(d) forthwith furnish one copy to the carrier.
(2) A copy shall be treated as furnished to the disposal authority in accordance with regulation 6(1)(c) if it is posted to them by first class mail within one day of the receipt of the consignment and in calculating this period any Saturday, Sunday, Good Friday, Christmas Day, bank holiday or other public holiday...
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