Statutory Instrument 1988 No. 819

The Collection and Disposal of Waste Regulations 1988

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© Crown Copyright 1988

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1988 No. 819

PUBLIC HEALTH, ENGLAND AND WALES

The Collection and Disposal of Waste Regulations 1988

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred by sections 3(1), 10(1), 12(3), 30(4), 104(1) and 105(1)^[1] of the Control of Pollution Act 1974^[2] and of all other powers enabling them in that behalf, and, in the case of regulation 9, after having regard to the matters referred to in section 4(3), make the following Regulations:—

Citation and commencement
    1.—(1)  These Regulations may be cited as the Collection and Disposal of Waste Regulations 1988.

    (2)  This regulation, regulations 2, 5, 10 and 11, and, so far as they relate to the provisions of sections 12 to 14, regulations 3, 6 and 7, shall come into force on 6th June 1988. The remainder of these regulations shall come into force on 3rd October 1988.

Interpretation
    2.—(1)  In these Regulations—

"the Act" means the Control of Pollution Act 1974;
"agriculture" has the same meaning as in section 109(3) of the Agriculture Act 1947^[3] ;
"agricultural purposes" means the growing of commercial food crops including the growing of such crops for stock-rearing purposes;
"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;
"clinical waste" includes—
 (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;
"container" includes a container in or on a vehicle, and a receptacle within the meaning of section 13;
"liquid waste" means waste which in the conditions under which it is handled will flow and can be transferred by pump, and includes leachate from waste;
"sewage sludge" means the residue produced at a sewage treatment works which is not discharged with the treated effluent;
"special waste" has the meaning given to it in the Control of Pollution (Special Waste) Regulations 1980^[4] ;
"waste oil" means mineral or synthetic oil, which is contaminated, spoiled or otherwise unfit for its original purpose;
"waste solvent" means solvent which is contaminated, spoiled or otherwise unfit for its original purpose.

    (2)  Any reference in these Regulations to a section is, except where the context otherwise requires, a reference to a section of the Act.

    (3)  Any reference in these Regulations to waste does not include a reference to waste from any mine or quarry or to waste from premises used for agriculture.

Waste to be treated as household waste
    3.    Waste of the descriptions set out in Schedule 1 shall be treated as household waste for the purposes of all the provisions of Part I of the Act.

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 section 4(2) (disposal of household waste within the curtilage of a private 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 section 12(3) as a case in respect of which a charge for collection may be made.

Waste to be treated as industrial waste
    6.    Waste of the descriptions set out in Schedule 3 shall be treated as industrial waste for the purposes of all the provisions of Part I of the Act.

Waste to be treated as commercial waste
    7.    Waste of the descriptions set out in Schedule 4 shall be treated as commercial waste for the purposes of all the provisions of Part I of the Act.

Licence required for the use of plant or equipment for dealing in a prescribed manner with controlled waste
    8.    The manners of dealing with controlled waste set out in Schedule 5 are prescribed for the purposes of section 3(1)(b).

Cases where disposal licence not required
    9.—(1)  Subject to the provisions of paragraphs (2) and (3), the cases set out in Schedule 6 are prescribed for the purposes of section 3(1) as cases in which a disposal licence is not required for the deposit of controlled waste on land, or for the use of plant or equipment for the purpose of disposing of such waste, or for the use of plant or equipment for the purpose of dealing with such waste in a manner prescribed by regulation 8.

    (2)  Paragraphs 1 to 17 of Schedule 6 do not apply where the presence of the waste on land is liable to give rise to an environmental hazard within the meaning of section 4(5).

    (3)  Paragraphs 1 to 14, 16 and 17 of Schedule 6 do not apply where the waste is special waste.

Appeals under section 10(1)
    10.—(1)  A person ("the appellant" ) appealing to the Secretary of State under section 10(1) against a decision of a disposal authority ("the authority" ) shall give notice of appeal to the Secretary of State within six months from—
 (a) the date of the decision which is the subject of the appeal; or
 (b) the date on which the authority is deemed by section 6(5) to have rejected the application;or within such longer period as the Secretary of State may allow.

    (2)  The appellant shall give notice of appeal on the form set out in Schedule 7, and the notice shall have annexed to it a statement of the grounds on which the appeal is made.

    (3)  The appellant shall send to the Secretary of State with the notice of appeal two copies of the following documents—
 (a) where the appeal is made pursuant to section 10(1)(a) or (b), the application and plans, drawings, particulars or other documents submitted in support of the application;
 (b) where the appeal is against a refusal to modify an existing disposal licence or is made pursuant to section 10(1)(b), (c) or (d), the disposal licence;
 (c) any other consent, determination or notice given by the authority which is relevant to the appeal;
 (d) any planning permission which is in force and relates to the use of the relevant land, plant or equipment; and
 (e) any other correspondence or other document that is relevant to the appeal.

    (4)  The appellant shall send to the authority a copy of the notice of appeal, including the statement of grounds, and a copy of any other document submitted by him to the Secretary of State.

Revocations
    11.—(1)  Regulations 5, 6, 7 and 8 of the Control of Pollution (Licensing of Waste Disposal) Regulations 1976^[5] shall be revoked on 6th June 1988, and the remainder of those Regulations shall be revoked on 3rd October 1988.

    (2)  Regulation 2(d) of the Control of Pollution (Licensing of Waste Disposal) (Amendment) Regulations 1977^[6] shall be revoked on 6th June 1988, and the remainder of those Regulations shall be revoked on 3rd October 1988.

Nicholas Ridley

Secretary of State for the Environment

29th April 1988

Peter Walker

Secretary of State for Wales

3rd May 1988

[1] See the definitions of"prescribed" and"regulations" . back

[2] 1974 c. 40. back

[3] 1947 c. 48. back

[4] S.I. 1980/1709. back

[5] S.I. 1976/732. back

[6] S.I. 1977/1185. back

Explanatory Note