RE: EA ISSUES BALCOMBE PERMIT22 Aug 2018 22:00
http://www.legislation.gov.uk/uksi/2016/1154/schedule/3/made
ist of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste(2), as amended from time to time;
“place of production” means, in relation to any waste, the place where the waste was originally produced;
“Plant Health notice” means a notice served under—
(a)
article 13 of the Plant Health (Phytophthora ramorum) (Wales) Order 2006(3);
(b)
article 31 of the Plant Health (Forestry) Order 2005(4);
(c)
article 32 of the Plant Health (England) Order 2015(5);
(d)
article 32 of the Plant Health (Wales) Order 2006(6);
“relevant waste”, where it appears in any paragraph in this Part, means waste that—
(a)
falls within a code specified in the first column of the table in the paragraph, and
(b)
is of a type specified in the second column of the table;
“scrap metal” has the meaning given in section 21 of the Scrap Metal Dealers Act 2013(7);
“sealed drainage” means a drainage system with an impermeable surface which ensures that—
(a)
no liquid will run off the surface otherwise than via the system, and
(b)
except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump;
“secondary containment” means a bund or any other system for preventing waste which has leaked from the primary container from escaping from the place where it is stored or treated.
(2) In this Part, a six-digit code used to refer to a waste is a reference to the waste specified by the six-digit code in the List of Wastes, except insofar as the waste in this Part in relation to such a code does not include some of the types of waste specified by the code in the List.
(3) Where a bund is used as secondary containment—
(a)the bund must have an impermeable lining and—
(i)have a capacity of not less than 110% of the original container’s storage capacity, or
(ii)if there is more than one container within the containment system, have a capacity of not less than 110% of the largest container’s storage capacity or 25% of the aggregate storage capacity, whichever is the greater, and
(b)reasonable precautions must be taken to ensure that the capacities specified in paragraph (a) are maintained at all times.
(4) When interpreting this Part, a container, lagoon or other place is secure in relation to waste kept in it if—
(a)all reasonable precautions are taken to ensure that the waste cannot escape from it, and
(b)members of the public are unable to gain access to the waste.
(5) Where a quantity limit is specified in relation to more than one operation (storage, use or treatment) in any one specific or additional condition, that quantit
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