# The Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013

        - Previous
        - Next

N.I.

Statutory Rules of Northern Ireland

# 2013 No. 255

Environmental Protection

# The Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013

Made

31st October 2013

Coming into operation

30th November 2013

The Department of the Environment in exercise of the powers conferred by Article 17(2) of the Litter (Northern Ireland) Order                           1994 F1 and Articles 2(3) and 5(7) of the Waste and Contaminated Land (Northern Ireland) Order 1997 F2, makes the following Regulations.                        

F1S.I. 1994 No. 1896 (N.I. 10)

F2S.I. 1997/2870 (N.I. 19)

## Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013 and shall come                     into operation on 30th November 2013.                  

(2) In these Regulations—

“the 1994 Order” means the Litter (Northern Ireland) Order 1994;                  

“the 1997 Order” means the Waste and Contaminated Land (Northern Ireland) Order 1997; and                  

“Directive waste” has the same meaning as in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003 F3.                  

F3S.R. 2003 No. 493 as amended

## Waste which is not to be treated as household waste, industrial waste or commercial wasteN.I.

2.—(1) Waste which is not Directive waste is not to be treated as household waste, commercial waste or industrial waste for the purposes                     of Part 2 of the 1997 Order.                  

(2) The following waste (where it is Directive waste) is not to be treated as household waste, industrial waste or commercial                     waste for the purposes of Part 2 of the 1997 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 (“the 1990 Regulations”) F4;                  

(c)septic tank sludge which is used on agricultural land within the meaning of the 1990 Regulations.                  

(3) Animal by-products (where they are Directive waste) which are collected and transported in accordance with Article 21(1) to                     (3) of the Animal By-Products Regulation are not to be treated as household waste, industrial waste or commercial waste for                     the purposes of Article 5 of the 1997 Order.                  

(4) In this regulation—

(a)“animal by-products” has the meaning given in Article 3(1) of the Animal By-Products Regulation;                  

(b)“the Animal By-Products Regulation” means Regulation (EC) No 1069/2009F5 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products                        not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal By-Products Regulation).                  

F4S.R. 1990 No. 880

F5OJ L 300,14.11.2009

## Household, industrial and commercial wasteN.I.

3.—(1) Subject to regulation 2, the Schedule (household, industrial and commercial waste) has effect.                  

## LitterN.I.

4.—(1) Part 2 of the 1997 Order has effect as if references to controlled waste collected under Article 20 include references to                     litter collected under Articles 7(1)(a), 12(10) and 12C(3) of the 1994 Order.                  

## Amendments to other legislationN.I.

5.—(1) The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 F6 shall be amended as follows.                  

(2) In regulation 1(2) insert the following definition in the appropriate alphabetical place

“authorised officer” means an officer of the Department of the Environment.                     

(3) For regulations 2 to 4 substitute—

### “Transfer Notes

2.—(1)Subject to paragraph (3), the transferor and transferee shall, at the same time as the written description of the waste is                        transferred in accordance with Article 5(1)(c)(ii) of the 1997 Order, ensure that such a document as is described in paragraph                        (2) (“a transfer note”) is completed and signed by them or on their behalf.                  

(2)A transfer note shall—                  

(a)identify the waste to which it relates by reference to the appropriate categories of waste in the European Waste Catalogue                           and state—                  

(i)the quantity of that waste and whether on transfer it is loose or in a container;                  

(ii)if in a container, the kind of container;                  

(iii)the date, time and place of transfer;                  

(iv)the SIC code of the transferor;                  

(v)the origin of the waste, if known; and                  

(vi)the destination of the waste upon transfer;                  

(b)give the name and address of the transferor and the transferee and be signed by them;                  

(c)state in respect of the transferor and the transferee whether they are—                  

(i)the producer of the waste;                  

(ii)the importer of the waste;                  

(iii)the transporter of the waste or a waste broker or dealer;                  

(iv)a district council;                  

(v)a person who is a holder of a waste management licence under Article 6 of the 1997 Order or a permit under Article 9 of the                           Pollution Prevention and Control Regulations (Northern Ireland) 2003 F7, in which case the transfer note must include the waste authorisation number;                  

(vi)a person to whom Article 4(1) of the 1997 Order does not apply by virtue of regulations under paragraph (3) of that Article;                  

(vii)a person registered as a carrier of controlled waste under Article 39 of the 1997 Order, in which case the transfer note must                           include the registration number;                  

(viii)a person registered as a broker of or dealer in controlled waste, in which case the transfer note must include the registration                           number;                  

(d)confirm that the transferor has discharged the duty as required by regulation 17 of the Waste Regulations (Northern Ireland)                           2011 F8 (the Waste Hierarchy).                  

(3)A transfer note—                  

(i)may be in electronic form; and                  

(ii)where in electronic form, shall only be accepted if it is legible.                  

(4)Where the transfer note is in electronic form, the signature required by paragraph (2)(b) shall be an electronic signature                        and “electronic signature” means data in electronic form which is attached to or logically associated with the transfer note and which serves as a                        method of authentication.                  

(5)In this regulation “SIC code” means a code included in the UK Standard Industrial Classification of Economic Activities 2007 published by the Office for National Statistics on 14th December 2007 F9.                  

### Duty to keep copies of written descriptions of waste and transfer notes

3.—(1)The transferor and the transferee shall keep a transfer note, or a copy of it as appropriate, for at least 2 years from the                        date upon which it is completed and signed by them.                  

(2)This regulation shall not apply where the waste transferred is hazardous waste and the consignment note and, where appropriate,                        a schedule required by the Hazardous Waste Regulations (Northern Ireland) 2005 F10 is completed and dealt with in accordance with those Regulations.                  

### Duty to furnish documents

4.—(1)A person holding or transporting waste shall carry the associated transfer note with that waste and shall produce that transfer                        note to an authorised officer or a constable on demand.                  

(2)A person who has been served by the Department with a notice in writing specifying or describing any document and requiring                        its production shall, if the document is one which at that time he is under a duty to keep under regulation 3, furnish the                        Department with a copy of it within the period (not being less than 7 days) specified in the notice”.”                  

F6S.R. 2002 No. 271

F7S.R. 2003 No. 46

F8S.R. 2011 No. 280

F9ISBN 978-0-230-21012-7

F10S.R. 2005 No. 300

## RevocationN.I.

6.  The Controlled Waste Regulations (Northern Ireland) 2002 F11 are revoked.                  

F11S.R. 2002 No. 248

Sealed with the Official Seal of the Department of the Environment on 31st October 2013

L.S.

Wesley Shannon

 A senior officer of the

Department of the Environment

 Regulation 3

## SCHEDULEN.I.

### Interpretation of the ScheduleN.I.

1.—(1) In this Schedule the following definitions apply—                  

“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act (Northern Ireland) 1949;                  

“camp site” means land on which tents are pitched for the purpose of human habitation and land the use of which is incidental to that                     purpose;                  

“charity shop” means a premises used wholly or mainly for the sale of goods donated to a charity where the proceeds of sale (after deduction                     of expenses) are applied for the purposes of a charity;                  

“clinical waste” means waste from a healthcare activity (from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation,                     treatment, care, teaching or research) that—                  

contains viable micro-organisms or their toxins which are known or reliably believed to cause disease in humans or other living                              organisms;                           

contains or is contaminated with drugs or medicine that contains a biologically active pharmaceutical agent; or

is a sharp, swab or dressing, or a body fluid or other biological material (including human and animal tissue) containing                              or contaminated with a dangerous substance within the meaning of Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling                              of dangerous substances F12, and waste of a similar nature from a non-healthcare activity;                           

“construction” includes improvement, repair or alteration;                  

“controlled waste” means household, industrial and commercial waste or any such waste;                  

“Directive waste” has the same meaning as in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003 F13;                  

“European Waste Catalogue” means the list of waste belonging to the categories listed in the List of Wastes Regulations (Northern Ireland) 2005 F14;                  

“factory” has the meaning given in Section 175 of the Factories Act (Northern Ireland) 1965 F15;                  

“general medical practitioner” means a person registered in the General Practitioner Register kept by the General Medical Council under Section 34 of the                     Medical Act 1983 F16;                  

“hazardous waste” has the same meaning as given in regulation 6 of the Hazardous Waste Regulations (Northern Ireland) 2005 F17 (waste which displays one or more of the hazardous properties listed in Annex III of the Waste Framework Directive);                  

“Irish Traveller Community” means the community of people as described in Article 5 of the Race Relations (Northern Ireland) 1997 Order F18;                  

“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 F19 and partly for other purposes;                  

“not for profit body” means a body which, by virtue of its constitution or any enactment—                  

is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable                              or public purposes; and                           

is prohibited from directly or indirectly distributing among its members any part of its assets (otherwise than for charitable                              or public purposes);                           

“offensive waste” means waste that—                  

is not clinical waste;

contains body fluids, secretions or excretions; and

falls within code 18 01 04, 18 02 03 or 20 01 99 in Schedule 1 to the List of Wastes (Northern Ireland) Regulations 2005 F20;                           

“scientific research association” has the meaning given in Section 469 of the Corporation Tax Act 2010 F21;                  

“scrap metal” means any waste metal, and any broken, worn out, defaced or partly manufactured articles made wholly or partly of metal                     and any metallic wastes, and also includes old, broken, worn out or defaced tooltips or dies made of any of the materials                     commonly known as hard metal or of cemented or sintered metallic carbides;                  

“septic tank sludge” means residual sludge from septic tanks and other similar installations for the treatment of sewage;                  

“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;                  

“The Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council, on waste F22;                  

“transferor” and “transferee” means respectively, in relation to a transfer of controlled waste by a person who is subject to the duty imposed by Article                     5 of the 1997 Order, the person who in compliance with that Article transfers a written description of the waste and the person                     who receives that description;                  

“vessel” includes a hovercraft within the meaning of Section 4(1) of the Hovercraft Act 1968 F23;                  

“waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally                     intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;                  

“waste solvent” means solvent which is contaminated, spoiled or otherwise unfit for its original purpose.                  

F12OJ No L 196, 16.8.1967 as amended by Regulation (EC) No. 1272/2008 and Commission Directive 2009/2/EC

F13S.R. 2003 No. 493 as amended

F14S.R. 2005 No. 301

F15S.I. 1965 c. 20 as amended by S.I. 1970 c.46 and 1971 c. 11

F16S.I. 1983 c. 54 Section 34c was inserted by S.I. 2010/224 Article 4 and Schedule 1, paragraph 10

F17S.R. 2005 No. 300

F18S.I. 1997 No. 869 (N.I. 6)

F19S.I. 1977 No. 2157 (N.I. 28)

F20S.R. 2005 No. 301

F21S.I. 2010 c. 4 Part 2 chapter 1

F22OJ No L 312, 22.11.08

F23S.I. 1969 c. 59

### Sources of household, industrial and commercial wasteN.I.

2.—(1) Table 1 describes waste which is to be treated as household waste, industrial waste or commercial waste because of the place                     where it is produced.                  

(2) The second column of Table 1 describes the places at which waste is produced.

(3) For the purposes of Part 2 of the 1997 Order the waste must be treated as the type of waste specified in the third column,                     subject to any exception in the fourth column.                  

(4) But in a case where paragraph 3 or 4(3) requires waste to be treated inconsistently with sub-paragraph (3), the requirements                     of those paragraphs take precedence.                  

#### Table 1

#### Classification by place of production

### Nature of waste and activities producing wasteN.I.

3.—(1) Table 2 describes waste which is to be treated as household waste, commercial waste or industrial waste because of its nature                     or the activity which produces it notwithstanding the place where it is produced.                  

(2) The second column of Table 2 describes the nature of the waste or the activity which produces it.

(3) The waste must be treated for the purposes of Part 2 of the 1997 Order as the type of waste established in the third column,                     subject to any exception in the fourth column.                  

(4) But in a case where paragraph 4(3) requires waste to be treated inconsistently with sub-paragraph (3), the requirements of                     paragraph 4(3) takes precedence.                  

#### Table 2

#### Classification by nature of waste or activity producing waste

### Household waste for which collection and disposal charges may be madeN.I.

4.—(1) Table 3 describes waste which is household waste (by virtue of Article 5(5) of the 1997 Order) or waste which is to be treated                     as household waste (by virtue of Article 2(2) of the 1997 Order).                  

(2) The third column indicates which household waste is prescribed for the purposes of Article 20(3) of the 1997 Order (cases                     in respect of which a charge for collection may be made).                  

(3) The fourth column indicates which waste must be treated as commercial waste for the purposes of the following provisions of                     the 1997 Order —                  

(a)Article 20(4) to the extent that it concerns liability to pay a reasonable charge for disposal of commercial waste and the                        recovery of such a charge.                  

#### Table 3

#### Collection and disposal charges

## Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Controlled Waste Regulations (Northern Ireland) 2002. They classify waste as household                        waste, commercial waste or industrial waste for the purposes of Part 2 of the Waste and Contaminated Land (Northern Ireland)                        Order 1997 (“the 1997 Order”) and thus determining the meaning of ‘controlled waste’ as applied by the 1997 Order.                     

They also prescribe the types of household waste for which a charge for collection may be made and provide that certain litter                        is to be treated under Part 2 of the 1997 Order in the same way as waste collected under Article 20 of that Order.                     

Regulation 2 clarifies which wastes which are not to be classified as controlled wastes.

Regulation 3 gives effect to the Schedule, which classifies wastes that are to be treated as household, commercial or industrial                        wastes; describes waste which is to be classified according to its place of production; describes waste which is to be classified                        according to its nature or the activity from which it is produced; and prescribes household waste for which a collection charge                        may be made and specifies household waste which is to be treated as commercial waste only for the purposes of charging for                        disposal.                     

In addition, the Regulations update the Controlled Waste (Duty of Care) Regulations 2002 to specify the information required                        on a Waste Transfer Note.                     

Regulation 5(1) places a new duty on waste holders and transporters to carry Waste Transfer Notes along with the waste they                        relate to and to produce such a note if stopped by an authorised officer or a constable. The purpose of this regulation is                        to ensure accuracy of records and to assist in addressing the illegal movement or holding of waste.