Paragraph 38 allows the deposit or storage of samples of waste which are being or are to be subjected to testing and analysis if the samples are taken:-
- in the exercise of any power under –
- The Radioactive Substances Act 1993
- The Pollution Control and Local Government (Northern Ireland) Order 1978 (The 1978 Order)
- The Waste and Contaminated Land (Northern Ireland) Order 1997 (The 1997 Order)
- The Water (Northern Ireland) Order 1999
- The Industrial Pollution Control (Northern Ireland) Order 1997
- The Environment (Northern Ireland) Order 2002 ; or
- by or on behalf of the holder of a Waste Management License, a disposal license or a resolution in pursuance of the conditions of that license or resolution; or
- by or on behalf of a person carrying on in relation to the waste an activity described in Part 1 of Schedule 2, or Regulation 16(1), of the Waste Management Licensing Regulations (Northern Ireland) 2003
- by or on behalf of the owner or occupier of the land from which the samples were taken
- by or on behalf of any person to whom -
- Article 5 of The 1997 Order applies in connection with his duties under that article; or
- the Special Waste Regulations (Northern Ireland) 1998 applies
- for the purpose of research
Waste stream(s) permitted
Waste samples which are being or are to be tested or analysed.
There is no limit on the quantity of samples being deposited or stored.
What the legislation says
The full wording of the paragraph 38 exemption can be found in Schedule 2 of the Waste Management Licensing Regulations (Northern Ireland) 2003.
Relevant Objectives in relation to the disposal or recovery of waste are given in paragraph 4 of Schedule 3 to the Regulations.
Paragraph 38 is NOT required to be registered in accordance with the Waste Management Licensing Regulations (Northern Ireland) 2003 (as amended)
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