B3.5.2.4 Industrial Waste
The Controlled Waste Regulations 1992 [SI No. 588] state that Industrial Waste is as follows:
“Waste to be treated as industrial waste … waste of the descriptions set out in Schedule 3 shall be treated as industrial waste… Waste of the following descriptions shall be treated as industrial waste …
(a) waste arising from works of construction or demolition, including waste arising from work preparatory thereto;
(b) septic tank sludge not falling within regulation 7(1)(c).”
Schedule 3 contains the following text:
“1. Waste from premises used for maintaining vehicles, vessels or aircraft, not being waste from a private garage to which paragraph 4 of Schedule 1 applies.
2. Waste from a laboratory.
3. (1) Waste from a workshop or similar premises not being a factory within the meaning of section 175 of the Factories Act 1961[20] because the people working there are not employees or because the work there is not carried on by way of trade or for purposes of gain.
(2) In this paragraph, “workshop” does not include premises at which the principal activities are computer operations or the copying of documents by photographic or lithographic means.
4. Waste from premises occupied by a scientific research association approved by the Secretary of State under section 508 of the Income and Corporation Taxes Act 1988[21] .
5. Waste from dredging operations.
6. Waste arising from tunnelling or from any other excavation.
7. Sewage not falling within a description in regulation 7 which—
(a) is treated, kept or disposed of in or on land, other than by means of a privy, cesspool or septic tank;
(b) is treated, kept or disposed of by means of mobile plant; or
(c) has been removed from a privy or cesspool.
8. Clinical waste other than—
(a) clinical waste from a domestic property, caravan, residential home or from a moored vessel used wholly for the purposes of living accommodation;
(b) waste collected under section 22(3) of the Control of Pollution Act 1974[22] ; or
(c) waste collected under sections 89, 92(9) or 93.
9. Waste arising from any aircraft, vehicle or vessel which is not occupied for domestic purposes.
10. Waste which has previously formed part of any aircraft, vehicle or vessel and which is not household waste.
11. Waste removed from land on which it has previously been deposited and any soil with which such waste has been in contact, other than—
(a) waste collected under section 22(3) of the Control of Pollution Act 1974; or
(b) waste collected under sections 89, 92(9) or 93.
12. Leachate from a deposit of waste.
13. Poisonous or noxious waste arising from any of the following processes undertaken on premises used for the purposes of a trade or business—
(a) mixing or selling paints;
(b) sign writing;
(c) laundering or dry cleaning;
(d) developing photographic film or making photographic prints;
(e) selling petrol, diesel fuel, paraffin, kerosene, heating oil or similar substances; or
(f) selling pesticides, herbicides or fungicides.
14. Waste from premises used for the purposes of breeding, boarding, stabling or exhibiting animals.
15. (1) Waste oil, waste solvent or (subject to regulation 7(2)) scrap metal, other than
(a) waste from a domestic property, caravan or residential home;
(b) waste falling within paragraphs 3 to 6 of Schedule 1.
(2) In this paragraph—
“waste oil” means mineral or synthetic oil which is contaminated, spoiled or otherwise unfit for its original purpose; and
“waste solvent” means solvent which is contaminated, spoiled or otherwise unfit for its original purpose.
16. Waste arising from the discharge by the Secretary of State of his duty under section 89(2).
17. Waste imported into Great Britain.
18. (1) Tank washings or garbage landed in Great Britain.
(2) In this paragraph—
“tank washings” has the same meaning as in regulation 2[23] of the Control of Pollution (Landed Ships’ Waste) Regulations 1987[24] ; and
“garbage” has the same meaning as in regulation 1(2) of the Merchant Shipping (Reception Facilities for Garbage) Regulations 1988[25].”