The Environmental Permitting (England and Wales) Regulations 2016

Record keeping for exempt waste operations E+W

17.—(1) This paragraph applies to every exempt waste operation where the waste operation—

(a) is a WEEE operation, or

(b) falls within a description in—

(i) subject to sub-paragraph (2), paragraph U10 or U11;

(ii) paragraph T9 [F1 , T12, T14, T15, T30, T33 or U8];

(iii) paragraph [F2 T3, T7 or T17] where the operation is carried on by waste mobile plant.

(2) But it does not apply in relation to an exempt waste operation where—

(a) the waste operation falls within a description in paragraph U10 or U11, and

(b) the establishment or undertaking is required to keep records in relation to the operation and the waste that is subject to that operation under the Nitrate Pollution Prevention Regulations 2015 M1 or [F3 the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021].

(3) An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

[F4 (a) keep chronological records of—

(i) the quantity, nature and origin of all waste disposed of or recovered in the course of that operation;

(ii) where the waste operation involves the treatment of hazardous waste, the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations in the course of that operation; and

(iii) where relevant, the destination, frequency of collection, mode of transport and treatment method of all waste disposed of or recovered in the course of that operation; and]

(b) where the waste operation falls within a description in paragraph [F5 T3, T7 or T17] and is carried on by waste mobile plant, keep records of the places where the operation is carried on.

(4) An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

[F6 (a) if the operation involves the treatment of hazardous waste—

(i) retain any records that it is required to keep under sub-paragraph (3) for a period of 3 years; and

(ii) during that period, if the exemption registration authority so directs, send those records to the exemption registration authority in such form and manner as the exemption registration authority specifies,

(b) if the operation does not involve the treatment of hazardous waste—

(i) retain any records that it is required to keep under sub-paragraph (3) for a period of 2 years; and

(ii) during that period make those records available to the exemption registration authority on request.]

Textual Amendments

F1 Words in Sch. 2 para. 17(1)(b)(ii) inserted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 21(3)(b)(i)(aa)

F2 Words in Sch. 2 para. 17(1)(b)(iii) substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 21(3)(b)(i)(bb)

F3 Words in Sch. 2 para. 17(2)(b) substituted (1.4.2021) by The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 (S.I. 2021/77), regs. 1(3), 49(1)

F4 Sch. 2 para. 17(3)(a) substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 21(3)(b)(ii)(aa)

F5 Words in Sch. 2 para. 17(3)(b) substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 21(3)(b)(ii)(bb)

F6 Sch. 2 para. 17(4)(a)(b) substituted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 21(3)(b)(iii)

Marginal Citations

M1 S.I. 2015/668.