Imports and Exports (Restrictions) Prohibition Order (No 2) 2004

Schedule 3 Matters relating to hazardous waste and waste

cls 4, 11, 13

Schedule 3 heading: replaced, on 16 August 2013, by clause 9 of the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Amendment Order 2013 (SR 2013/315).

Part 1 Categories of waste

1

Clinical waste from medical care in hospitals, medical centres, or clinics.

2

Waste from the production or preparation of pharmaceutical products.

3

Waste pharmaceuticals, drugs, and medicines.

4

Waste from the production, formulation, or use of biocides or phytopharmaceuticals.

5

Waste from the manufacture, formulation, or use of wood-preserving chemicals.

6

Waste from the production, formulation, or use of organic solvents.

7

Waste from heat treatment or tempering operations and containing cyanides.

8

Waste mineral oils unfit for their originally intended use.

9

Waste mixtures of—

(a)

oil and water:

(b)

hydrocarbons and water.

10

Waste substances or articles containing, or contaminated with, 1 or more of the following substances:

(a)

polychlorinated biphenyls (PCBs):

(b)

polychlorinated terphenyls (PCTs):

(c)

polybrominated biphenyls (PBBs).

11

Waste tarry residues arising from refining or distillation, or any pyrolytic treatment.

12

Waste from the production, formulation, or use of inks, dyes, pigments, paints, lacquers, or varnish.

13

Waste from the production, formulation, or use of resins, latex, plasticisers, or glues or other adhesives.

14

Waste chemical substances—

(a)

that arise from research and development or teaching activities; and

(b)

that are not identified or are new, or both; and

(c)

whose effects on humans or the environment, or both, are not known.

15

Waste from the production, formulation, or use of photographic chemicals or photographic processing materials.

16

Waste resulting from the surface treatment of metals or plastics.

17

Waste arising from industrial waste disposal operations.

Part 2 Hazardous constituents

Acidic solutions and acids in solid form

Antimony and antimony compounds

Any congenor of polychlorinated dibenzofuran

Any congenor of polychlorinated dibenzo-p-dioxin

Arsenic and arsenic compounds

Asbestos (dust or fibres)

Basic solutions and bases in solid form

Beryllium and beryllium compounds

Cadmium and cadmium compounds

Copper compounds

Ethers

Halogenated organic solvents

Hexavalent chromium compounds

Inorganic cyanides

Inorganic fluorine compounds (excluding calcium fluoride)

Lead and lead compounds

Mercury and mercury compounds

Metal carbonyls

Organic cyanides

Organic phosphorous compounds

Organic solvents (excluding halogenated solvents)

Organohalogen compounds (other than any substance referred to elsewhere in this Part)

Phenols and phenol compounds (including chlorophenols)

Selenium and selenium compounds

Tellurium and tellurium compounds

Thallium and thallium compounds

Zinc compounds

Part 3 Hazardous characteristic

1 References to flammable

In this Part, flammable means inflammable.

2 Explosive characteristic

A waste has an explosive characteristic if—

(a)

that waste is solid or liquid, or contains or is mixed with substances that are solid or liquid; and

(b)

that waste, or any solid or liquid that it contains or that it is mixed with, is capable, by chemical reaction, of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings.

3 Liquid wastes that have flammable characteristic

A liquid waste has a flammable characteristic if that waste—

(a)

is in liquid foam, or is a liquid that contains solids in solution or suspension (including, for example, paints, varnishes, and lacquers); and

(b)

gives off a flammable vapour at temperatures of not more than 60.5°C (using the closed-cup test), or not more than 65.6°C (using the open-cup test).

4 Solid wastes that have flammable characteristic

A solid waste has a flammable characteristic if that waste (not being a waste to which clause 2 applies), under conditions encountered in transport, is readily combustible, or may cause or contribute to fire through friction.

5 Characteristic of being liable to spontaneous combustion

A waste has a characteristic of being liable to spontaneous combustion if that waste—

(a)

is liable to spontaneous heating under normal conditions encountered in transport; or

(b)

is liable to heating up on contact with air, and, as a result, is liable to catch fire.

6 Characteristic of emitting flammable gases by interaction with water

A waste has the characteristic of emitting flammable gases if that waste, by interaction with water,—

(a)

is liable to become spontaneously flammable; or

(b)

is liable to give off flammable gases in dangerous quantities.

7 Oxidising characteristic

A waste has an oxidising characteristic if that waste, while in itself not necessarily combustible, may, generally by yielding oxygen, cause, or contribute to, the combustion of other materials.

8 Characteristic of being organic peroxide

(1)

A waste that falls into one of the categories of waste specified in Part 1 has the characteristic of being an organic peroxide if that waste—

(a)

contains the bivalent -O-O- structure; and

(b)

is thermally unstable and may undergo exothermic self-accelerating decomposition.

(2)

A waste that has as a constituent any substance specified in Part 2 has the characteristic of being an organic peroxide if that waste is thermally unstable and may undergo exothermic self-accelerating decomposition.

9 Characteristic of being acutely poisonous

A waste has the characteristic of being acutely poisonous if that waste is, if it is swallowed or inhaled, or if it has been in contact with skin,—

(a)

liable to cause death or serious injury; or

(b)

liable to harm human health.

10 Characteristic of being infectious

A waste has the characteristic of being infectious if—

(a)

that waste contains viable micro-organisms, or toxins of such micro-organisms; and

(b)

those micro-organisms or those toxins are known to cause, or are suspected of causing, disease in animals or humans.

11 Corrosive characteristics

A waste has a corrosive characteristic if that waste, by chemical action,—

(a)

causes severe damage when in contact with living tissue; or

(b)

in the case of leakage, materially damages or destroys its means of transport or other goods.

12 Characteristic that results in liberation of toxic gases on contact with air or water

A waste has the characteristic of resulting in the liberation of toxic gases if that waste, on contact with air or water and by interaction with air or water, is liable to give off toxic gases in dangerous quantities.

13 Toxic characteristic (delayed or chronic)

A waste has a toxic characteristic if that waste, through inhalation, ingestion, or penetration of the skin, may involve delayed or chronic effects, including carcinogenicity.

14 Ecotoxic characteristics

A waste has ecotoxic characteristics if that waste, if released, would or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation, or toxic effects upon biotic systems, or both.

15 Other hazardous characteristics

A waste has other hazardous characteristics if it is capable by any means, after disposal by any of the methods specified in Part 4, of yielding another material (including, for example, leachate) that has any of the characteristics specified in clauses 2 to 14 of this Part.

Part 4 Methods of disposal of wastes

1

Methods of disposal that do not lead to the possibility of resource recovery, recycling, reclamation, direct reuse, or alternative uses—

(a)

deposit into or onto land (including, by way of example only, landfill):

(b)

land treatment (including, by way of example only, biodegradation of liquid or sludgy discards in soils):

(c)

deep injection (including, by way of example only, injection of pumpable discards into wells, salt domes, or naturally occurring repositories):

(d)

surface impoundment (including, by way of example only, placement of liquid or sludge discards into pits, ponds, or lagoons):

(e)

specially engineered landfill (including, by way of example only, placement into lined discrete cells that are capped and isolated from one another and the environment):

(f)

release into a water body (not being sea or an ocean):

(g)

release into a sea or an ocean (including seabed insertion):

(h)

incineration on land:

(i)

incineration at sea:

(j)

permanent storage (including, by way of example only, emplacement of containers in a mine):

(k)

any biological treatment that results in final compounds of mixtures that are discarded by means of any of the methods specified in any of paragraphs (a) to (j) or in paragraph (l):

(l)

physico-chemical treatment that results in final compounds or mixtures that are discarded by means of any of the methods specified in any of paragraphs (a) to (k) (including, by way of example only, evaporation, drying, calcination, neutralisation, or precipitation):

(m)

blending or mixing prior to disposal by any of the methods specified in any of paragraphs (a) to (l):

(n)

repackaging before disposal by any of the methods specified in any of paragraphs (a) to (l):

(o)

storage pending disposal by any of the methods specified in any of paragraphs (a) to (l).

2

Methods of disposal that may lead to resource recovery, recycling, reclamation, direct reuse, or alternative uses, where the waste being disposed of would otherwise have been destined for disposal by any of the methods specified in clause 1, are—

(a)

use as a fuel (other than in direct incineration) or other means to generate energy:

(b)

solvent reclamation or regeneration:

(c)

recycling or reclamation of organic substances not used as solvents:

(d)

recycling or reclamation of metals and metal compounds:

(e)

recycling or reclamation of other inorganic materials:

(f)

regeneration of acids or bases:

(g)

recovery of components used for pollution abatement:

(h)

recovery of components from catalysts:

(i)

re-refining of used oil, or other re-uses of previously used oil:

(j)

land treatment resulting in a benefit to agriculture or in ecological improvement:

(k)

uses of residual materials obtained from any of the methods specified in any of paragraphs (a) to (j):

(l)

exchange of wastes for disposal by any of the methods specified in any of paragraphs (a) to (k):

(m)

accumulation of material intended for disposal by any of the methods specified in any of paragraphs (a) to (l).

Diane Morcom,
Clerk of the Executive Council.