Paragraph 36 - Temporary storage of specified waste at a harbour

What the legislation says:

36. —(1) The temporary secure storage of waste to which sub-paragraphs (2) and (3) apply, at waste reception facilities provided within a harbour area in accordance with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 ("the 2003 Regulations"), where such storage is incidental to the collection or transport of the waste.

(2) This paragraph applies to waste other than tank washings (including such special waste as is listed in Table 4D), but only if–

(a) the amount of waste so stored within a harbour area at any time does not exceed 20 cubic metres for each ship from which waste has been landed; and

(b) no waste is so stored for more than seven days.

(3) This paragraph applies to waste which consists of tank washings (including such special waste as is listed in Table 4E), but only if–

(a) the amount of tank washings consisting of dirty ballast so stored within a harbour area at any time does not exceed 30% of the total deadweight of the ships from which such washings have been landed; and

(b) the amount of tank washings consisting of waste mixtures containing oil so stored within a harbour area at any time does not exceed 1% of the total deadweight of the ships from which such washings have been landed.

(4) In this paragraph–

"harbour area" has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987;

"ship" has the same meaning as in the 2003 Regulations;

"tank washings" means waste residues from the tanks (other than the fuel tanks) or holds of a ship or waste arising from the cleaning of such tanks or holds.

Table 4D
Codes* Types of waste

Absorbents, filter materials, wiping cloths and protective clothing (15 02)

15 02 02**

Absorbents, filter materials (including oil filters not otherwise specified), wiping cloths, protective clothing contaminated by dangerous substances

Wastes from electrical and electronic equipment (16 02)

16 02 09**

Transformers and capacitors containing PCBs

16 02 10**

Discarded equipment containing or contaminated by PCBs other than those mentioned in 16 02 09

16 02 11**

Discarded equipment containing chlorofluorocarbons, HCFC, HFC

16 02 12**

Discarded equipment containing free asbestos

16 02 13**

Discarded equipment containing hazardous components other than those mentioned in 16 02 09 to 16 02 12

16 02 15**

Hazardous components removed from discarded equipment

Waste explosives (16 04)

16 04 03**

Other waste explosives

Gases in pressure containers and discarded chemicals (16 05)

16 05 04**

Gases in pressure containers (including halons) containing dangerous substances)

Batteries and accumulators (16 06)

16 06 01**

Lead batteries

16 06 02**

Ni-Cd batteries

16 06 03**

Mercury-containing batteries

16 06 06**

Separately collected electrolyte from batteries and accumulators

Wastes from natal care, diagnosis, treatment or prevention of disease in humans (18 01)

18 01 03**

Wastes whose collection and disposal is subject to special requirements in order to prevent infection

18 01 06**

Chemicals consisting of or containing dangerous substances

18 01 08**

Cytotoxic and cytostatic medicines

Separately collected fractions (except 15 01) (20 01)

20 01 13**

Solvents

20 01 21**

Fluorescent tubes and other mercury-containing waste

20 01 23**

Discarded equipment containing chlorofluorocarbons

20 01 26**

Oil and fat other than those mentioned in 20 01 25

20 01 27**

Paint, inks, adhesives and resins containing dangerous substances

20 01 29**

Detergents containing dangerous substances

20 01 31**

Cytotoxic and cytostatic medicines

20 01 33**

Batteries and accumulators included in 16 06 01, 16 06 02 or 16 06 03 and unsorted batteries and accumulators containing these batteries

20 01 35**

Discarded electrical and electronic equipment other than those mentioned in 20 01 12 and 20 01 23 containing hazardous components

20 01 37**

Wood containing dangerous substances

* Codes referred to in the European Waste Catalogue.
** Includes special waste.

Table 4E
Codes* Types of waste

Waste hydraulic oils (13 01)

13 01 09**

Mineral-based chlorinated hydraulic oils

13 01 10**

Mineral based non-chlorinated hydraulic oils

13 01 11**

Synthetic hydraulic oils

13 01 12**

Readily biodegradable hydraulic oils

13 01 13**

Other hydraulic oils

Waste engine, gear and lubricating oils (13 02)

13 02 04**

Mineral-based chlorinated engine, gear and lubricating oils

13 02 05**

Mineral-based non-chlorinated engine, gear and lubricating oils

13 02 06**

Synthetic engine, gear and lubricating oils

13 02 07**

Readily biodegradable engine, gear and lubricating oils

13 02 08**

Other engine, gear and lubricating oils

Waste insulating and heat transmission oils (13 03)

13 03 06**

Mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01 (insulating or heat transmission oils containing PCBs)

13 03 07**

Mineral-based non-chlorinated insulating and heat transmission oils

13 03 08**

Synthetic insulating and heat transmission oils

13 03 09**

Readily biodegradable insulating and heat transmission oils

13 03 10**

Other insulating and heat transmission oils

Bilge oils (13 04)

13 04 01**

Bilge oils from inland navigation

13 04 02**

Bilge oils from jetty sewers

13 04 03**

Bilge oils from other navigation

Waste of liquid fuels (13 07)

13 07 01**

Fuel oil and diesel

13 07 02**

Petrol

13 07 03**

Other fuels (including mixtures)

Oil wastes not otherwise specified (13 08)

13 08 01**

Desalter sludges or emulsions

13 08 02**

Other emulsions

13 08 99**

Wastes not otherwise specified

Wastes from transport tank, storage tank and barrel cleaning (except 05 and 13) (16 07)

16 07 08**

Wastes containing oil

16 07 09**

Wastes containing other dangerous substances

Aqueous liquid wastes destined for off-site treatment (16 10)

16 10 01**

Aqueous liquid wastes containing dangerous substances

16 10 03**

Aqueous concentrates containing dangerous substances

* Codes referred to in the European Waste Catalogue.
** Includes special waste.

Registration Requirements:

Needs to be registered with SEPA but no fee is required. Where waste is being stored at the place of production, the activity does not have to be registered.

This exemption can be registered online.

However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)

The following questions and answers are provided to help you further understand this exemption:

Q. How long will the registration last? Will it require renewal at any time?
A.
The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.