7

7 Production, storage and treatment of controlled waste

(1)  A person must not cause or permit a controlled waste to be produced, received, stored, reused, recycled, reprocessed, salvaged, incinerated, treated, disposed of, or used for energy recovery, in such a manner that it is reasonably likely that the controlled waste will –

(a) leak, spill or escape into the environment; or

(b) cause serious environmental harm, material environmental harm or environmental nuisance.

Penalty:  Fine not exceeding 100 penalty units.

(2)  If the Director considers that the aggregate quantity of a class or type of a controlled waste produced or stored on premises causes, or is likely to cause, environmental harm, the Director may give the waste producer or occupier of the premises written notice to do either or both of the following:

(a) submit information in respect of –

(i) the class or type, quantity and concentration of a pollutant in controlled waste produced or stored on the premises; and

(ii) the location on the premises of the controlled waste;

(b) ensure that the controlled waste is removed to a facility –

(i) to which a relevant authority, under which the controlled waste may be received, relates; or

(ii) that is a facility of a kind specified in an approved management method to be a facility to which the waste may be removed.

(3)  A waste producer or occupier to whom a notice under subregulation (2) is given must not contravene the notice.

Penalty:  Fine not exceeding 50 penalty units.