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SCHEDULE 9E+WWaste operations and materials facilities

[F1Part 4E+WWaste separately collected for preparing for re-use and recycling not to be incinerated

1.(1) Every environmental permit which authorises a small waste incineration plant, a waste co-incineration plant, or a waste incineration plant is deemed to contain the following condition, unless such a condition to the same effect is included in the permit.E+W

(2) The condition is that the operator must not accept—

(a)[F2any waste paper, metal, plastic or glass] [F2in Wales, any waste paper, card, cartons, metal, plastic, glass, food, small electrical and electronic equipment or unsold textiles] for incineration if that waste has been separately collected for the purpose of preparing for re-use or recycling; or

(b)any waste for incineration that results from the treatment of waste referred to in paragraph (a), unless—

(i)the relevant permit authorises the operator to accept that type of waste for incineration; and

(ii)incineration of that waste delivers the best environmental outcome in accordance with regulation 12 of the Waste (England and Wales) Regulations 2011.

[F3(3) For the purposes of this paragraph—

cartons” means fibre-based composite packaging, being packaging material which is made of paperboard or paper fibres, laminated with low density polythene or polypropylene plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;

electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

small electrical and electronic equipment” means electrical and electronic equipment falling within one of the categories of EEE listed in Schedule 3 to the Waste Electrical and Electronic Equipment Regulations 2013, excluding items with any external dimension of more than 50 centimetres;

unsold” means an unused consumer product, in a factory, retail premises, wholesaler, warehouse or other premises, that has not been sold to a consumer or has been sold and returned by a consumer.]]