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(Specially Controlled Waste) Regulations, 2010

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(Specially Controlled Waste) Regulations, 2010 GUERNSEY STATUTORY INSTRUMENT The Waste Control and Disposal (Specially Controlled Waste) Regulations, 2010 Made 4 Coming into Operation 1"' June, 201 0 Laid before the States THE DIRECTOR OF ENVIRONMENTAL HEALTH AND POLLUTION REGULATION, in exercise of the powers conferred on her by sections 26 and 34 of the Environmental Pollution (Waste Control and Disposal) b ordinancea, 20 10, section 72 of the Environmental Pollution (Guernsey) Law, 2004 and of all other powers enabling her in that behalf, hereby orders:- Interpretation. 1. (1) In these Regulations, unless the context otherwise requires - "commercial waste" means waste arising from any activity carried on by way of business, and includes agricultural and horticultural waste other than such waste arising from use of the curtilage of a dwelling house for purposes connected with the use of that dwelling house, a Approved by resolution of the States on 28t" April, 201 0. Order in Council No. XI11 of 2004. "Director" means the person appointed as Director of Environmental Health and Pollution Regulation under section 4 of the Law, "dwelling house" means a building or part of a building used as a permanent residence for members of one household, and includes the curtilage of such a building, but does not include a hotel, hospital or other place where persons may temporarily live, "enactment" includes an instrument and any Directive, Regulation or Decision of any institution of the European Union, "European Waste Catalogue" means the list of wastes pursuant to Article l(a) of Directive 751442lEEC on wastec and Article l(4) of Directive d 911689lEEC on hazardous waste set out in Commission Decision 2000/532/~~~, "Guernsey" includes the Islands of Guernsey, Herm and Jethou, all other islands, islets and rocks around the coasts of those Islands, whether or not attached at low water, and all of the territorial waters adjacent thereto, "Health and Social Services Department1' means the States of Guernsey Health and Social Services Department, "the holder of the wastef1means the person who is in possession of the waste, d O.J. No. L 377, 3 1.12.1991, p.20 (as corrected by Corrigendum to Directive 911689lEC (O.J. No. L23 30.1.I998 p.39)). e O.J. No. L 226,6.9.2000, p. 3. "household waste1' means waste arising from the normal use of a dwelling house as such and does not include commercial waste arising thereon, "instrument" means any order (including an order of the Royal Court), regulations, rules or other subsidiary legislative instrument, "the Law" means the Environmental Pollution (Guernsey) Law, 2004, "licence" means a licence to carry on a prescribed operation granted under section 15 of the Law, "medicinal product" has the meaning in section 133 of the Medicines f (Bailiwick of Guernsey) Law, 2008 , "the Ordinance" means the Environmental Pollution (Waste Control and Disposal) Ordinance, 201 0, "person" includes any body or authority, "premises" includes buildings, structures, land in the open air and a ship, "prescribed operation" see section 13(1) of the Law and section 1 of the Ordinance, Order in Council No. V of 2009, as amended by Ordinance No. XXIV of 2009. "prescription only medicine" means a medicinal product of a description or falling within a class specified in section 2 of the Prescription Only Medicines (Human) (Bailiwick of Guernsey) Ordinance, 2009~, "ship" includes every description of vessel used in navigation, "specially controlled waste" means any description of waste identified by Ordinance under section 37 of the Law as so dangerous or h difficult to dispose of that special measures need to be taken in respect of it , "waste" has the meaning in the Law except that it does not include - (a) radioactive waste, and (b) any substance which is explosive within the meaning of i the Explosives (Guernsey) Law, 1905 , and, unless the context otherwise requires, any other words or expressions shall have the same meaning as in the Ordinance. (2) The Interpretation (Guernsey) Law, 1948j applies to the interpretation of these Regulations. (3) Any reference in these Regulations to an enactment is a reference to such enactment as from time to time amended, re-enacted (with or without modification), extended or applied. Ordinance No. XXV of 2009. h See section 26 of the Ordinance and regulation 2 to these Regulations. i Ordres en Conseil Vol. 111, p. 414 and Vol. XXXIV, p.586. ' Ordres en Conseil Vol. XI11 p. 355. Substances prescribed as speciallv controlled waste. 2. (1) Subject to the following provisions of this regulation, waste of a description listed and marked with an asterisk in column 1 of Schedule 1 is prescribed as specially controlled waste for the purposes of section 37 of the Law. (2) In determining whether or not any waste is specially controlled waste by virtue of falling within a description of waste in column 1 of Schedule I which is identified as a "Mirror entry", by the indication of a letter "M" in the corresponding row in column 2 of Schedule 1, the holder of the waste must consider whether the waste has any of the hazardous properties HI to H15 listed in Schedule 2 taking into account - (a) the origin and composition of the waste, and (b) where necessary for the hazardous property in question, the limit values of concentration set out in Schedule 3. (3) For the avoidance of doubt, waste which - (a) falls within a description of waste in column 1 of Schedule 1, and (b) is identified as an "Absolute entry" by the indication of a letter "A" in the corresponding row in column 2 of Schedule 1, is automatically considered to be specially controlled waste without the holder of the waste having to make any determination as to whether or not the waste falls within a description of specially controlled waste by virtue of having any of the hazardous properties H1 to HI5 listed in Schedule 2. (4) In determining whether or not any waste is specially controlled waste under the Law regard must be had to any relevant guidance issued by the Director. Exemptions from Part V of the Ordinance. 3. (1) The following persons are exempt from the requirements in section 27 of the Ordinance in relation to the specially controlled waste described below - (a) the occupier of a dwelling in relation to the presence of specially controlled waste at that dwelling, which is household waste produced at that dwelling, (b) the occupier of premises, in relation to specially controlled waste which is present on those premises in connection with an operation carried on there for which there is a licence or which is exempt from the requirement for a licence, (c) the occupier of a retail pharmacy in relation to the presence of specially controlled waste at that pharmacy which - (0 is a waste prescription only medicine, and (ii) is being stored at that pharmacy pending the collection and transport of that waste by the Health and Social Services Department, in connection with an amnesty or other scheme (however named), initiated by that Department, for the safe return of medicinal products to it, (d) the Health and Social Services Department, in relation to the presence at any premises occupied by it, of specially controlled waste which is a waste prescription only medicine and which is being stored there, following collection and transport from a retail pharmacy, in connection with an amnesty or other scheme (however named) initiated by that Department for the safe return of medicinal products to it, (e) the occupier of premises which are a ship, in relation to the presence of specially controlled waste on that ship, which is shipment or part of a shipment of waste, to which the requirements of the Transfrontier k Shipment of Waste Ordinance, 2002 apply, and (0 the occupier of premises, other than a ship, in relation to the presence of specially controlled waste on those premises - (9 which is waste of a description falling within the exemption in paragraph (6), and (ii) which is present on those premises by virtue of it being stored temporarily pending a collection or transport which is exempt from sections 28, k Ordinance No. 1 of 2002. 30, 3 1 and 33 of the Ordinance by virtue of paragraph (6). (2) Sections 28, 30, 31 and 33 of the Ordinance shall not apply in relation to the collection and transport of specially controlled waste from a dwelling in connection with a collection scheme operated by the States of Guernsey Commerce and Employment Department provided that - (a) the waste is household waste produced at that dwelling, (b) the waste is collected and transported by such Department and not by any other person, by way of business, on behalf of such Department, and (c) the condition in paragraph (3) is met. (3) The condition referred to in paragraph (2) is that the States of Guernsey Commerce and Employment Department must provide the Director with details in writing of all specially controlled waste collected and transported in each calendar month, pursuant to a collection scheme referred to in paragraph (2), within 15 days of the expiry of that month. (4) Sections 28, 30, 3 1 and 33 of the Ordinance shall not apply in relation to the collection and transport of specially controlled waste, which is such by virtue of being a waste prescription only medicine, when it is collected and transported fkom a retail pharmacy in connection with amnesties or other schemes (however named) initiated by the Health and Social Services Department for the safe return of waste medicinal products to that Department, provided that - (a) the collection and transport is undertaken by the Health and Social Services Department but not by any other person, by way of business, on behalf of such Department, (b) such waste is delivered to premises occupied by the Health and Social Services Department by the end of the same working day on which it was collected from the retail pharmacy in question, and (c) the Director has been notified, in advance of the start of the scheme in question, of the need to operate such a scheme.
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