The Environmental Permitting (England and Wales) Regulations 2016

CHAPTER 1 E+W Introductory provisions, conditions and functions

Assessment and notification E+W

1.—(1) At the start of each reporting period, the operator of a materials facility must assess the amount of mixed waste material that facility is likely to receive during the relevant year by having regard to— 

(a) the amount of mixed waste material received at that facility during the period of 12 months immediately preceding the start of that reporting period, and

(b) the anticipated amount of mixed waste material that will be received by that facility during the relevant year.

(2) The operator must notify the regulator before the end of the reporting period if the assessment undertaken at the start of that period indicates that the materials facility is likely to receive a minimum of 1,000 tonnes of mixed waste material during the relevant year.

(3) Where the operator has given a notification under sub-paragraph (2), no further notification is required under that sub-paragraph in relation to any subsequent assessment, for so long as that notification is not withdrawn.

(4) The operator may withdraw, in writing, a notification given under sub-paragraph (2) at any time if the operator considers that the materials facility is not likely to receive a minimum of 1,000 tonnes of mixed waste material during the relevant year.

(5) In this paragraph, “relevant year” means the period of 12 months that commences on the first day of a reporting period.

Interpretation E+W

2.—(1) In this Schedule—

“material particles” means—

(a)

for specified output material that is made up in largest proportion of glass material, particles of that material that measure less than 13 millimetres along their longest dimension, and

(b)

in relation to all other types of specified output material and for mixed waste material, particles of material measuring less than 55 millimetres along their longest dimension;

“materials facility” means, subject to sub-paragraph (2), a regulated facility or part of a regulated facility that receives mixed waste material in order to separate it into specified output material for the purpose of selling it, or transferring it to other facilities or persons to enable that material to be recycled by those facilities or persons;

“mixed waste material” means waste that—

(a)

originates—

(i)

from households, or

(ii)

from other sources but is similar to household waste in terms of its nature or composition, and

(b)

consists in largest proportion of two or more of the following kinds of target material mixed together—

(i)

glass;

(ii)

metal;

(iii)

paper;

(iv)

plastic;

“non-recyclable material” means waste material that is not capable of being recycled;

“non-target material” means material that is capable of being recycled but is not a target material;

“paper” includes cardboard and beverage cartons that include cardboard as a composite material;

“reporting period” means any of the following periods—

(a)

1st January to 31st March;

(b)

1st April to 30th June;

(c)

1st July to 30th September;

(d)

1st October to 31st December;

“specified output material” means a batch of material (whether or not waste) that is—

(a)

produced from a separating process for mixed waste material, and

(b)

made up of one of the following kinds of target material, in largest proportion—

(i)

glass;

(ii)

metal;

(iii)

paper;

(iv)

plastic;

“target material” means a material that is identified by the operator of a materials facility as destined to be separated out from mixed waste material in order to produce bulk quantities of that identified material.

(2) In this Schedule—

(a) any reference to a “materials facility” excludes a facility or a part of a facility that undertakes the processing or sorting of WEEE, waste batteries or accumulators;

(b) references to “recycled” or “recyclable” are to be construed in accordance with the meaning of “recycling” given in Article 3(17) of the Waste Framework Directive.

Specification of conditions of environmental permits and exercise of relevant functions E+W

3.—(1) An environmental permit relating to a materials facility is subject to the condition that the operator of that facility must comply with paragraph 1(1) and (2) of this Part.

(2) Where the operator of a materials facility has given notification under paragraph 1(2) of this Part, an environmental permit relating to that facility is subject to the condition that the operator must comply with Chapter 2 of this Part for so long as that notification has not been withdrawn under paragraph 1(4) of this Part.

(3) The regulator must exercise its relevant functions in relation to a materials facility to ensure compliance with Chapter 2 of this Part.

(4) In the event of any inconsistency between the requirements imposed by virtue of Chapter 2 of this Part and any other condition contained in any environmental permit relating to a materials facility, the requirements imposed by Chapter 2 of this Part prevail.