Paragraph 38 - The deposit or storage of samples of waste for
testing or analysis
What the legislation says:
38. The deposit or storage of samples of waste, including
samples of waste which are special waste (including the temporary
storage of WEEE pending its recovery), which are being or are to be
subjected to testing and analysis, at any place where they are
being or are to be tested or analysed, if the samples do not exceed
10 tonnes and are taken–
(a) in the exercise of any power under the Radioactive
Substances Act 1993, the Sewerage (Scotland) Act 1968, the Water
Environment and Water Services (Scotland) Act 2003, the 1990 Act,
the Water Resources Act 1991, the Environment Act 1995 or the Water
Environment (Controlled Activities) (Scotland) Regulations
2005;
(b) by or on behalf of the holder of a waste management licence
in pursuance of the conditions of that licence;
(c) by or on behalf of a person carrying on in relation to the
waste an activity described in this Schedule or in regulation
16(1);
(d) by or on behalf of the owner or occupier of the land from
which the samples are taken;
(e) by or on behalf of any person to whom section 34 of the 1990
Act applies in connection with that person's duties under that
section; or
(f) for the purposes of research.
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.