The Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011

Obligation for local authorities to collect information and maintain records E+W

4.—(1) A local authority must make arrangements for the collection of information that will allow the authority to comply with its requirements to maintain records under this regulation.

(2) A local authority must maintain records containing the following information for each target financial year and each subsequent financial year until the next target financial year(1)—

(a) the total amount of its municipal waste(2);

(b) the total amount of municipal waste sent to each and every waste facility by the local authority;

(c) the amount of material rejected at each successive stage of sorting of the municipal waste, at any and all waste facilities; and

(d) the amount of material rejected under paragraph (c) that is disposed of by the local authority, or by a waste facility.

(3) The record must contain details of—

(a) the description of the waste in terms of its material type;

(b) how each material type was collected; and

(c) if an agent of the local authority collected the waste, the name of that agent.

(4) The records must be kept for a period of three years beginning on the day they are first submitted using the WasteDataFlow system in accordance with regulation 5(2).

(5) A local authority may maintain the records required by paragraph (2) in electronic form if the text is capable of being produced by the local authority in a visible and legible documentary form.

(6) A local authority that fails to maintain the records required by paragraph (2) is liable to a penalty.

(7) In this regulation, “sorting” means the act of separating individual recyclable materials from an amount of mixed waste or mixed materials.

(8) In this regulation, municipal waste is “disposed of” when it undergoes a disposal operation of a type that is identified in Annex I of the Waste Framework Directive.

Commencement Information

I1 Reg. 4 in force at 30.3.2011, see reg. 1

(1)

The target financial years are set out in section 3(3) of the Measure. Financial year is defined in section 3(9) of the Measure as meaning a period of 12 months ending on 31 March.

(2)

A local authority’s municipal waste is defined in section 3(8) of the Measure as the total amount by weight of each of the following: all the waste collected in that year by a local authority under section 45 of the Environmental Protection Act 1990 (c. 43); all waste deposited in that year at places provided by a local authority under subsections (1)(b) and (3) of section 51 of that Act; and such other waste as may be specified by order of the Welsh Ministers.