SCHEDULE 3Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 1Exempt waste operations: descriptions and conditions

CHAPTER 4Disposal of waste

SECTION 2Descriptions and specific conditions

Depositing samples of waste for the purposes of testing or analysing them (D5)5

1

The deposit and subsequent storage of relevant samples of waste at any place where the samples are being or are to be tested or analysed.

2

For the purposes of sub-paragraph (1), “relevant samples of waste” means samples of waste that are taken—

a

in the exercise of any power under—

i

the Control of Pollution Act 1974 M1;

ii

section 5 of the Control of Pollution (Amendment) Act 1989 M2;

iii

the 1990 Act;

iv

the 1991 Act;

v

the Water Industry Act 1991 M3;

vi

the Waste Electrical and Electronic Equipment Regulations 2013 M4;

vii

the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M5;

viii

regulation 88 of the Waste Batteries and Accumulators Regulations 2009 M6,

b

by or on behalf of the holder of an environmental permit,

c

by or on behalf of a person carrying on in relation to the waste—

i

an operation described in this Part, or

ii

an excluded waste operation,

d

by or on behalf of the owner or occupier of the land from which the samples are taken,

e

by or on behalf of any person to whom section 34(1) or (1A) of the 1990 Act M7 applies in connection with that person's duties under that section,

f

by or on behalf of any person to whom the Transfrontier Shipment of Waste Regulations 2007 M8 apply in connection with that person's powers under those Regulations, or

g

for the purposes of research.

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste deposited or stored at any one time does not exceed 10 tonnes, and

b

the waste is not stored for longer than 12 months or such other period as may be ordered in court proceedings.