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The Environmental Permitting (England and Wales) Regulations 2016

Type Statutory-Instrument

Publication 2016-12-11

Last updated 2026-03-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(a) Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities—

(i) biological treatment;

(ii) physico-chemical treatment;

(iii) blending or mixing prior to submission to any of the other activities listed in this Section or in Section 5.1;

(iv) repackaging prior to submission to any of the other activities listed in this Section or in Section 5.1;

(v) solvent reclamation or regeneration;

(vi) recycling or reclamation of inorganic materials other than metals or metal compounds;

(vii) regeneration of acids or bases;

(viii) recovery of components used for pollution abatement;

(ix) recovery of components from catalysts;

(x) oil re-refining or other re-uses of oil;

(xi) surface impoundment.

SECTION 5.4 — Disposal, recovery or a mix of disposal and recovery of non-hazardous waste

Part A(1)

(a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) involving one or more of the following activities, and excluding activities covered by Council Directive 91/271/EEC concerning urban waste-water treatment[^f00058]—

(i) biological treatment;

(ii) physico-chemical treatment;

(iii) pre-treatment waste for incineration or co-incineration;

(iv) treatment of slags and ashes;

(v) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

(b) Recovery or a mix of recovery and disposal of non-hazardous waste with a capacity exceeding 75 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) involving one or more of the following activities, and excluding activities covered by Council Directive 91/271/EEC—

(i) biological treatment;

(ii) pre-treatment of waste for incineration or co-incineration;

(iii) treatment of slags and ashes;

(iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

Interpretation of Part A(1)

1 In Part A(1), “anaerobic digestion” has the same meaning as in the Industrial Emissions Directive.

SECTION 5.5 — The production of fuel from waste

Part A(1)

(a) Making solid fuel (other than charcoal) from waste by any process involving the use of heat.

SECTION 5.6 — Temporary or underground storage of hazardous waste

Part A(1)

(a) Temporary storage of hazardous waste with a total capacity exceeding 50 tonnes pending any of the activities listed in Sections 5.1, 5.2, 5.3 and paragraph (b) of this Section, except—

(i) temporary storage, pending collection, on the site where the waste is generated, or

(ii) activities falling within Section 5.2.

(b) Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.

SECTION 5.7 — Treatment of waste water

Part A(1)

(a) Independently operated treatment of waste water not covered by Directive 91/271/EEC and discharged by an installation carrying out any other Part A(1) or A(2) activity.

CHAPTER 6 — Other activities

SECTION 6.1 — Paper, pulp and board manufacturing activities

Part A(1)

(a) Producing, in industrial plant, pulp from timber or other fibrous materials.

(b) Producing, in industrial plant, paper and board where the plant has a production capacity of more than 20 tonnes per day.

Part A(2)

(a) Producing, in an industrial plant, one or more of the following wood-based panels with a production capacity exceeding 600m³ per day: oriented strand board, particleboard or fibreboard.

SECTION 6.2 — Carbon activities

Part A(1)

(a) Producing carbon or hard-burnt coal or electro-graphite by means of incineration or graphitisation.

SECTION 6.3 — Tar and bitumen activities

Part A(1)

(a) The following activities—

(i) distilling tar or bitumen in connection with any process of manufacture, or

(ii) heating tar for the manufacture of electrodes or carbon-based refractory materials,

where the activity is likely to involve the use in any 12-month period of 5 or more tonnes of tar or of bitumen or both in aggregate.

Part B

(a) Any activity not falling within Part A(1) of this Section or of Section 6.2 involving—

(i) heating, but not distilling, tar or bitumen in connection with any manufacturing activity, or

(ii) oxidising bitumen by blowing air through it, at plant where no other activities described in any Section in this Schedule are carried on,

where the carrying on of the activity is likely to involve the use in any 12-month period of 5 or more tonnes of tar or bitumen or both in aggregate.

Interpretation of Part B

1 In Part B, “tar” and “bitumen” include pitch.

SECTION 6.4 — Coating activities, printing and textile treatments

Part A(1)

(a) Pre-treating (by operations such as washing, bleaching or mercerization) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.

Part A(2)

(a) Unless falling within Part A(1) of this Section, surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150kg or more per hour than 200 tonnes per year.

Part B

(a) Unless falling within Part A(1) or Part A(2) of this Section or Part A(2)(c) of Section 2.1, any process (other than for the re-painting or re-spraying of, or of parts of, aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any 12-month period of—

(i) 20 or more tonnes of printing ink, paint or other coating material which is applied in solid form,

(ii) 20 or more tonnes of any metal coating which is sprayed on in molten form,

(iii) 25 or more tonnes of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity, or

(iv) 5 or more tonnes of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).

(b) Unless falling within Part A(2) of this Section, re-painting or re-spraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 or more tonnes of organic solvents in any 12-month period.

(c) Re-painting or re-spraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use in any 12-month period of—

(i) 20 or more tonnes of any paint or other coating material which is applied in solid form,

(ii) 20 or more tonnes of any metal coatings which are sprayed on in molten form, or

(iii) 5 or more tonnes of organic solvents.

Interpretation and application of Part B

1 In Part B— “aircraft” includes gliders and missiles; “coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material.

2 The amount of organic solvents used in an activity must be calculated as— a the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes, less b any organic solvents that are removed from the process for re-use or for recovery for re-use.

3 When determining the extent of an installation carrying on an activity within Part B, any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried on is to be ignored, unless that location forms part of a regulated facility at which a solvent emission activity is carried out.

SECTION 6.5 — The manufacture of dyestuffs, printing ink and coating materials

Part B

(a) Unless falling within Part A(1) or Part A(2) of any other Section—

(i) manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying on of the activity is likely to involve the use of 100 or more tonnes of organic solvents in any 12-month period;

(ii) manufacturing any powder for use as a coating where the process uses lead chromate or triglycidyl isocyanurate and material where there is the capacity to produce 200 or more tonnes of such powder in any 12-month period.

Interpretation of Part B

1 In Part B, “coating material” has the same meaning as in Section 6.4.

2 The amount of organic solvents used in an activity must be calculated as— a the total input of organic solvents into the process, including both solvents contained in coating materials and solvents for cleaning or other purposes, less b any organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

SECTION 6.6 — Timber activities

Part A(2)

(a) Preservation of wood and wood products with chemicals with a production capacity exceeding 75m³ per day other than exclusively treating against sapstain.

Part B

(a) Unless falling within Part A(2) of Section 6.1, manufacturing products wholly or mainly of wood at any works if the activity involves a relevant activity and the throughput of the works in any 12-month period is likely to be more than—

(i) 10,000 cubic metres in the case of works at which wood is only sawed, or wood is sawed and subjected to excluded activities, or

(ii) 1,000 cubic metres in any other case.

Interpretation of Part B

1 In Part B and in this paragraph— “excluded activity” means any relevant activity (other than sawing) which, ignoring any sawing carried on at the works, would be unlikely to result in the release into the air of any substance in paragraph 6(3) of Part 1 of this Schedule in a quantity capable of causing significant harm; “relevant activity” means the sawing, drilling, sanding, shaping, turning, planing, curing or chemical treatment of wood; “throughput” means the amount of wood which is subjected to a relevant activity, but where wood is subject to two or more relevant activities at the same works, the second and any subsequent activity is to be ignored; “wood” includes any product consisting wholly or mainly of wood; “works” includes a sawmill or any other premises where relevant activities are carried on.

SECTION 6.7 — Activities involving rubber

Part A(2)

(a) Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any 12-month period of 50,000 or more tonnes of one or more of the following—

(i) natural rubber;

(ii) synthetic organic elastomers;

(iii) other substances mixed with them.

Part B

(a) Unless falling within Part A(1) or Part A(2) of any Section, the mixing, milling or blending of—

(i) natural rubber, or

(ii) synthetic organic elastomers,

if carbon black is used.

(b) Any activity which converts the product of an activity falling within paragraph (a) into a finished product if related to an activity falling within that paragraph.

SECTION 6.8 — The treatment of animal and vegetable matter and food industries

Interpretation of Section 6.8

1 1 In this Section— “animal” includes a bird or a fish; “controlled waters” has the meaning given in section 104 of the 1991 Act; “excluded activity” means— any activity carried on on a farm or agricultural holding other than— the manufacture of goods for sale; the production of compost for growing mushrooms; the manufacture or preparation of food or drink for human consumption but excluding— the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as an activity incidental to the cooking of food for human consumption; any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption; the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed; the fleshing, cleaning and drying of pelts of fur-bearing mammals; any activity carried on in connection with the operation of a collection centre for animal by-products; any activity for the manufacture of soap not falling within Part A(1) of Section 4.1; the storage of vegetable matter not falling within any other Section; the manufacture of starch; the salting of hides or skins, unless related to any other activity listed in this Schedule; any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms; any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers (and “related activity” means an activity being carried on by the same person at the same site); the drying of grain or pulses; any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth; the drying of green crops; “food” includes— drink, articles and substances of no nutritional value which are used for human consumption, and articles and substances used as ingredients in the preparation of food. 2 In sub-paragraph (1)— “green crops” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops; “green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents. Part A(1) a Tanning hides and skins at a plant with a treatment capacity of more than 12 tonnes of finished products per day. b Slaughtering animals at a plant with a carcass production capacity of more than 50 tonnes per day. c Disposing of or recycling animal carcasses or animal waste, other than by rendering in a small waste incineration plant, at a plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate. d Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed (where the weight of the finished product excludes packaging)— i only animal raw materials (other than milk only) with a finished product production capacity greater than 75 tonnes per day; ii only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year; iii animal and vegetable raw materials (other than milk only), both in combined and separate products, with a finished product production capacity in tonnes per day greater than— aa 75 if A is equal to 10 or more, or bb 300-(22.5 x A) in any other case, where ‘A’ is the portion of animal material in percent of weight of the finished product production capacity. e Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis). Part A(2) a Disposing of or recycling animal carcasses or animal waste by rendering at plant or in a small waste incineration plant, where the plant or small waste incineration plant has a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate. Part B a Processing, storing or drying by the application of heat the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into controlled waters or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if the processing, storing or drying— i does not fall within another Section, or Part A(1) or Part A(2) of this Section, ii is not an excluded activity, and iii may result in the release into the air of— aa any substance listed in in paragraph 6(3) of Part 1 of this Schedule, or bb any offensive smell noticeable outside the premises on which the activity is carried on. b Breeding maggots in any case where 5kg or more of animal matter, vegetable matter or both in aggregate, are introduced into the process in any week.

SECTION 6.9 — Intensive farming

Part A(1)

(a) Rearing poultry or pigs intensively in an installation with more than—

(i) 40,000 places for poultry,

(ii) 2,000 places for production pigs (over 30kg), or

(iii) 750 places for sows.

SECTION 6.10 — Carbon capture and storage

Part A(1)

(a) Capture of carbon dioxide streams from an installation for the purposes of geological storage pursuant to Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide[^f00059].

SCHEDULE 2 — Exempt facilities: general

Interpretation: general

1

(1) In this Schedule—

“occupier” means a person who is or has been the occupier of the land on which an exempt water discharge activity or exempt groundwater activity is carried on;

“operator” means the person carrying on a water discharge activity or groundwater activity;

“register” means the register which the exemption registration authority is required to establish and maintain under paragraph 11(1);

“registered” means—in relation to a waste operation, that the relevant particulars appear on the register during a valid registration period,in relation to a water discharge activity, groundwater activity or flood risk activity, that the relevant particulars appear on the register,and “registration” is to be construed accordingly;

“relevant particulars” has the meaning given in paragraph 10(4);

“valid registration period”, for an exempt waste operation, means the period of validity of a registration referred to in paragraph 15(1), as read with paragraph 15(2);

“WEEE operation” means a waste operation falling within a description in paragraph T11.

(2) In this Schedule, in relation to an exempt waste operation, a reference to any of paragraphs U1 to U16, T1 to T33, D1 to D8 or S1 to S3 has the meaning given in paragraph 1(8) of Chapter 1 of Part 1 of Schedule 3.

Interpretation: exemption registration authority and exemption authority

2

(1) Subject to sub-paragraph (2), the exemption registration authority in relation to a waste operation falling within a description in Part 1 of Schedule 3 is the appropriate agency.

(2) The exemption registration authority in relation to a waste operation falling within a description in paragraph T3 or T7 is—

(a) for a waste operation carried on by waste mobile plant by an establishment or undertaking whose principal place of business is in England and Wales, the local authority in whose area it has its principal place of business;

(b) for a waste operation carried on by waste mobile plant by an establishment or undertaking whose principal place of business is not in England and Wales, the local authority in whose area the operation is first carried on;

(c) for a waste operation not carried on by waste mobile plant, the local authority in whose area the operation is carried on.

(3) In relation to Wales only, the NRBW is the exemption registration authority in relation to—

(a) a water discharge activity falling within a description in Part 2 of Schedule 3, and

(b) a groundwater activity falling within a description in Part 3 of Schedule 3.

(4) In relation to England only—

(a) the Agency is the exemption registration authority in relation to—

(i) a water discharge activity falling within a description in paragraph 1 of Part 2 of Schedule 3, and

(ii) a groundwater activity falling within a description in paragraph 2 or 5 of Part 3 of Schedule 3;

(b) the Agency is the exemption authority in relation to—

(i) a water discharge activity falling within a description in paragraph 3 of Part 2 of Schedule 3, and

(ii) a groundwater activity falling within a description in paragraph 4 of Part 3 of Schedule 3.

(5) The exemption registration authority in relation to a flood risk activity falling within a description in Part 4 of Schedule 3 is the appropriate agency.

General condition

3

The general condition for an operation or activity in this Schedule is that the operation or activity is not an operation or activity that falls within Chapter 5 of Part 2 of Schedule 1 (waste management).

Exempt waste operations

4

(1) For the purpose of the definition of “exempt waste operation”, the requirements are—

(a) that a waste operation—

(i) falls within a description in Part 1 of Schedule 3, and

(ii) satisfies the general and specific conditions specified in that Part in relation to the description,

(b) subject to sub-paragraph (2) and paragraph 13(10) of this Schedule, that—

(i) the waste operation is registered, and

(ii) an establishment or undertaking is registered in relation to it, and

(c) that the type and quantity of waste submitted to the waste operation, and the method of disposal or recovery, are consistent with the need to attain the objectives mentioned in Article 13 of the Waste Framework Directive.

(2) The registration requirements in sub-paragraph (1)(b) do not apply in respect of a waste operation carried on by a person who is not an establishment or undertaking.

Exempt water discharge activities: Wales

5

For the purpose of the definition of “exempt water discharge activity”, the requirements in Wales are—

(a) that a water discharge activity—

(i) falls within a description in Part 2 of Schedule 3, and

(ii) satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

(b) that the water discharge activity is registered and, subject to paragraph 13(10) of this Schedule, for a water discharge activity that falls within a description in—

(i) paragraph 1 of Part 2 of Schedule 3, the operator is registered in relation to the activity, or

(ii) paragraph 2 of Part 2 of that Schedule, the occupier is registered in relation to the activity, and

(c) that the water discharge activity does not cause pollution of inland freshwaters, coastal waters or relevant territorial waters.

Exempt water discharge activities: England

6

For the purpose of the definition of “exempt water discharge activity”, the requirements in England are—

(a) that the water discharge activity—

(i) falls within a description in Part 2 of Schedule 3, and

(ii) satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

(b) where the water discharge activity falls within a description in paragraph 1 of Part 2 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))—

(i) the activity is registered by the operator, and

(ii) subject to paragraph 13(10) of this Schedule, the operator is registered in relation to that activity, and

(c) that the water discharge activity does not cause pollution of inland freshwaters, coastal waters or relevant territorial waters.

Exempt groundwater activities: Wales

7

For the purpose of the definition of “exempt groundwater activity”, the requirements in Wales are—

(a) that a groundwater activity—

(i) falls within a description in Part 3 of Schedule 3, and

(ii) satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

(b) that the groundwater activity is registered and, subject to paragraph 13(10) of this Schedule, for a groundwater activity that falls within a description in—

(i) paragraph 2 of Part 3 of Schedule 3, the operator is registered in relation to the activity,

(ii) paragraph 3 of Part 3 of that Schedule, the occupier is registered in relation to the activity, or

(iii) paragraph 5 of Part 3 of that Schedule, the operator is registered in relation to the activity, and

Exempt groundwater activities: England

8

For the purpose of the definition of “exempt groundwater activity”, the requirements in England are—

(a) that the groundwater activity—

(i) falls within a description in Part 3 of Schedule 3, and

(ii) satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

(b) where the groundwater activity falls within a description in paragraph 2 or 5 of Part 3 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))—

(i) the activity is registered by the operator, and

(ii) subject to paragraph 13(10) of this Schedule, the operator is registered in relation to the activity, and

Exempt flood risk activities

9

An “exempt flood risk activity” is a flood risk activity that—

(a) falls within a description in Part 4 of Schedule 3,

(b) satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

(d) is an activity in relation to which the operator is registered.

Procedure for registering an exempt facility

10

(1) An establishment or undertaking seeking to be registered in relation to a waste operation described in Part 1 of Schedule 3, or seeking to renew such a registration, must notify the exemption registration authority of—

(a) the relevant particulars, and

(b) the information specified in sub-paragraph (5).

(2) An occupier or operator seeking to be registered in relation to a water discharge activity described in Part 2 of Schedule 3 or a groundwater activity described in Part 3 of that Schedule must notify the exemption registration authority of the relevant particulars.

(3) An operator seeking to be registered in relation to a flood risk activity described in Part 4 of Schedule 3 must notify the exemption registration authority of the relevant particulars.

(4) The relevant particulars are—

(a) the name and address of—

(i) for a waste operation, the establishment or undertaking, or

(ii) for a water discharge activity, groundwater activity or flood risk activity, the occupier or operator,

(b) a description of the waste operation, water discharge activity, groundwater activity or flood risk activity,

(c) the place where the waste operation, water discharge activity, groundwater activity or flood risk activity is carried on, including—

(i) the postcode (if applicable), or

(ii) the Ordnance Survey National Grid reference point, and

(d) if the waste operation is a WEEE operation, the type and quantity of waste subject to the operation.

(5) The information in this sub-paragraph is the name and contact details of an individual officer or employee designated by the establishment or undertaking as the primary contact for the purposes of registration.

(6) Notification under sub-paragraph (1) or (2) must be in the form specified by the exemption registration authority.

(7) A notification under sub-paragraph (1) relating to a waste operation that is a WEEE operation must be accompanied by the applicable fee.

(8) In sub-paragraph (7), “applicable fee” means the fee prescribed under a charging scheme made under section 41 of the 1995 Act .

Register of exempt facilities

11

(1) Every exemption registration authority must establish and maintain a register of exempt facilities in relation to which it is the exemption registration authority.

(2) Subject to sub-paragraphs (4) and (5), the exemption registration authority must ensure the register contains the relevant particulars—

(a) for an exempt waste operation other than a WEEE operation, within 5 working days after the date that it receives notification of the relevant particulars and the information specified in paragraph 10(5);

(b) for a WEEE operation—

(i) where a decision is made under sub-paragraph (3) not to inspect the operation, within 5 working days after the date of the decision;

(ii) otherwise, within 5 working days after the date of the inspection under sub-paragraph (3);

(c) for an exempt water discharge activity, exempt groundwater activity or exempt flood risk activity, within 15 working days after the date that it receives notification of the relevant particulars.

(3) Where information notified in accordance with paragraph 10(1) relates to a WEEE operation, the exemption registration authority may carry out an inspection of the operation before adding the information to the register in accordance with sub-paragraph (2).

(4) Where following an inspection carried out under sub-paragraph (3) the authority is not satisfied that a WEEE operation would meet the conditions in sub-paragraph (3) of paragraph T11, the information notified must not be added to the register.

(5) The exemption registration authority must ensure the register is updated to reflect any changes notified under paragraph 16(1) of this Schedule or under Part 2 or 3 of Schedule 3—

(a) for exempt waste operations, within 5 working days after the date that it receives the notification, or

(b) for exempt water discharge activities, exempt groundwater activities and exempt flood risk activities, within 15 working days after that date.

(6) Every exemption registration authority must—

(a) ensure that its register is open to inspection by the public free of charge at all reasonable hours, and

(b) provide reasonable facilities to the public for obtaining a copy of an entry on payment of a reasonable charge.

(7) A register may be kept in any form.

Duty to remove entries from the register

12

(1) The duty to maintain a register in paragraph 11(1) includes a duty to remove an entry from the register if—

(a) the exemption registration authority becomes aware that the exempt facility is no longer in operation at the place stated in the relevant particulars, or

(b) the facility ceases to be an exempt facility.

(2) If the exemption registration authority removes an entry from the register under sub-paragraph (1), it must notify without delay the occupier, operator or other person registered in relation to the exempt facility.

(3) Sub-paragraph (2) does not apply if the exemption registration authority was notified by the person registered in relation to the facility that the facility is no longer in operation at the place stated in the relevant particulars.

Exclusion from the register of information affecting national security

13

(1) The appropriate authority may direct the exemption registration authority that, in the interests of national security, specified information or information of a specified description must be excluded from the register.

(2) The exemption registration authority must notify the appropriate authority of any information it excludes from the register pursuant to such a direction.

(3) The appropriate authority may direct the exemption registration authority that, in the interests of national security, before information of a specified description is included on the register, the information must be referred to the appropriate authority for determination as to whether or not it should be excluded from the register.

(4) A determination by the appropriate authority under sub-paragraph (3) to exclude information from the register must be given effect by a direction under sub-paragraph (1).

(5) A person may give a notice to the appropriate authority stating that, in the person's opinion, the inclusion of information on the register would be contrary to the interests of national security.

(6) A notice under sub-paragraph (5) must specify the information and indicate its apparent nature.

(7) A person giving a notice under sub-paragraph (5) must at the same time notify the exemption registration authority.

(8) The exemption registration authority must not include information notified under sub-paragraph (5) on the register unless the appropriate authority determines that it may be included.

(9) A determination by the appropriate authority to exclude information notified under sub-paragraph (5) from the register must be given effect by a direction under sub-paragraph (1).

(10) In relation to an exempt facility that is the subject of a direction or notice given under this paragraph, the requirement in paragraph 4(1)(b), 5(b), 6(b), 7(b) or 8(b)—

(a) does not apply where a direction or notice requires the exclusion of all relevant particulars from the register, and

(b) is satisfied where—

(i) a direction under sub-paragraph (1) requires the exclusion of some, but not all, relevant particulars from the register,

(ii) a direction under sub-paragraph (3) which is pending a determination under that sub-paragraph requires the exclusion of relevant particulars from the register, or

(iii) a notice under sub-paragraph (5) which is pending a determination under sub-paragraph (8) requires the exclusion of relevant particulars from the register,

and where any relevant particulars which are not subject to a direction or notice are included on the register.

Restrictions on registering exempt waste operations carried on at the same place

14

(1) An establishment or undertaking may not be registered more than once during a valid registration period in relation to any one waste operation described in Part 1 of Schedule 3 that is carried on or is to be carried on at the same place.

(2) If an establishment or undertaking is registered more than once in contravention of sub-paragraph (1), the second and any subsequent registration is invalid.

(3) Subject to sub-paragraph (7), not more than one establishment or undertaking may be registered at the same time in relation to the same waste operation described in Part 1 of Schedule 3 if the operation is carried on or is to be carried on at the same place.

(4) If more than one establishment or undertaking is registered in contravention of sub-paragraph (3), only the registration specified in sub-paragraph (5) is valid.

(5) The registration specified in this sub-paragraph is the registration of the establishment or undertaking in respect of which the relevant particulars first appeared on the register in the relevant period.

(6) In this paragraph, “relevant period” means the period during which the relevant particulars appear on the register.

(7) Sub-paragraph (3) does not apply in relation to a waste operation falling within a description in paragraph D2.

Validity of registration of waste operations

15

(1) A first registration or a registration in relation to a WEEE operation is valid for 3 years.

(2) Any other registration in relation to a waste operation is valid until the end of validity of the first registration.

(3) For the purposes of sub-paragraphs (1) and (2), the period of validity of a registration commences on the date of registration or on the most recent renewal date, as the case may be.

(4) An establishment or undertaking may renew a registration at any time in the month prior to the registration becoming invalid (and the registration procedure specified in paragraph 10 applies in relation to any such renewal).

(5) Where an establishment or undertaking has renewed a registration, the renewal takes effect on the day after the day on which the previous registration becomes invalid.

(6) In this paragraph—

“date of registration” means the date on which the relevant particulars first appear on the register;

“first registration” means—the first appearance on the register of relevant particulars for an establishment or undertaking in relation to a waste operation other than a WEEE operation, orin the case of a renewal, the first such appearance following the end of validity of the registration, other than the end of validity of the registration of a WEEE operation;

“renewal date” means the date that the renewal of a registration takes effect.

Changes to relevant particulars relating to waste operations

16

(1) An establishment or undertaking registered in relation to a waste operation must notify the exemption registration authority without delay of any changes to—

(a) any of the relevant particulars, and

(b) any of the information specified in paragraph 10(5).

(2) If an establishment or undertaking does not comply with sub-paragraph (1)(a), the exemption registration authority may remove from the register the entry made in respect of the establishment or undertaking.

(3) Notification under sub-paragraph (1) must be in the form specified by the exemption registration authority.

(4) The exemption registration authority must notify the establishment or undertaking without delay if it removes an entry from the register pursuant to sub-paragraph (2).

Record keeping for exempt waste operations

17

(1) This paragraph applies to every exempt waste operation where the waste operation—

(a) is a WEEE operation, or

(b) falls within a description in—

(i) subject to sub-paragraph (2), paragraph U10 or U11;

(ii) paragraph T9 , T12, T14, T15, T30, T33 or U8;

(iii) paragraph T3, T7 or T17 where the operation is carried on by waste mobile plant.

(2) But it does not apply in relation to an exempt waste operation where—

(a) the waste operation falls within a description in paragraph U10 or U11, and

(b) the establishment or undertaking is required to keep records in relation to the operation and the waste that is subject to that operation under the Nitrate Pollution Prevention Regulations 2015 or the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021.

(3) An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

(a) keep chronological records of—

(i) the quantity, nature and origin of all waste disposed of or recovered in the course of that operation;

(ii) where the waste operation involves the treatment of hazardous waste, the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations in the course of that operation; and

(iii) where relevant, the destination, frequency of collection, mode of transport and treatment method of all waste disposed of or recovered in the course of that operation; and

(b) where the waste operation falls within a description in paragraph T3, T7 or T17 and is carried on by waste mobile plant, keep records of the places where the operation is carried on.

(4) An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

(a) if the operation involves the treatment of hazardous waste—

(i) retain any records that it is required to keep under sub-paragraph (3) for a period of 3 years; and

(ii) during that period, if the exemption registration authority so directs, send those records to the exemption registration authority in such form and manner as the exemption registration authority specifies,

(b) if the operation does not involve the treatment of hazardous waste—

(i) retain any records that it is required to keep under sub-paragraph (3) for a period of 2 years; and

(ii) during that period make those records available to the exemption registration authority on request.

Periodic inspections of establishments and undertakings

18

Every exemption registration authority must carry out appropriate periodic inspections of establishments and undertakings carrying on exempt waste operations in respect of which it is the exemption registration authority.

SCHEDULE 3 — Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 1 — Exempt waste operations: descriptions and conditions

CHAPTER 1 — Interpretation of Part 1

Interpretation

1

(1) In this Part—

“agricultural land” has the meaning given in section 109(1) of the Agriculture Act 1947 and, for the purposes of the descriptions in paragraphs U10 and U11, includes land used for the production of timber or other non-food crops;

“anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable waste which—is carried on under controlled anaerobic conditions, andresults in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land;

“associated storage” means storage of waste that—is associated with the use, treatment or disposal of waste, andtakes place at the place where the use, treatment or disposal is carried on;

“bank” means a bank, wall or embankment adjoining or confining, or constructed for the purposes of or in connection with, any channel and includes all land between the bank and low-watermark;

“construction” means the carrying on of building or engineering work which includes the repair, alteration, maintenance or improvement of an existing work and preparatory or landscaping works;

“impermeable surface” means a surface or pavement constructed and maintained to a standard sufficient to prevent the transmission of liquids beyond the surface;

“inland waters” has the meaning given in section 221(1) of the 1991 Act;

“List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste , as amended from time to time;

“place of production” means, in relation to any waste, the place where the waste was originally produced;

“Plant Health notice” means a notice served under—article 13 of the Plant Health (Phytophthora ramorum) (Wales) Order 2006 ;article 31 of the Plant Health (Forestry) Order 2005 ;article 32 of the Plant Health (England) Order 2015 ;article 32 of the Plant Health (Wales) Order 2006 ;

“relevant waste”, where it appears in any paragraph in this Part, means waste that—falls within a code specified in the first column of the table in the paragraph, andis of a type specified in the second column of the table;

“scrap metal” has the meaning given in section 21 of the Scrap Metal Dealers Act 2013 ;

“sealed drainage” means a drainage system with an impermeable surface which ensures that—no liquid will run off the surface otherwise than via the system, andexcept where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump;

“secondary containment” means a bund or any other system for preventing waste which has leaked from the primary container from escaping from the place where it is stored or treated.

(2) In this Part, a six-digit code used to refer to a waste is a reference to the waste specified by the six-digit code in the List of Wastes, except insofar as the waste in this Part in relation to such a code does not include some of the types of waste specified by the code in the List.

(3) Where a bund is used as secondary containment—

(a) the bund must have an impermeable lining and—

(i) have a capacity of not less than 110% of the original container's storage capacity, or

(ii) if there is more than one container within the containment system, have a capacity of not less than 110% of the largest container's storage capacity or 25% of the aggregate storage capacity, whichever is the greater, and

(b) reasonable precautions must be taken to ensure that the capacities specified in paragraph (a) are maintained at all times.

(4) When interpreting this Part, a container, lagoon or other place is secure in relation to waste kept in it if—

(a) all reasonable precautions are taken to ensure that the waste cannot escape from it, and

(b) members of the public are unable to gain access to the waste.

(5) Where a quantity limit is specified in relation to more than one operation (storage, use or treatment) in any one specific or additional condition, that quantity limit applies to all of those operations on an aggregate basis.

(6) Where a waste operation is carried on by waste mobile plant, the quantity limits specified in any specific or additional specific condition in any Chapter of this Part apply in relation to each place where the operation is carried on.

(7) The quantity limits specified in any specific condition in paragraphs U1, U2, U10, U11, U12 and U15 that relate to the use or storage of waste over a specified period apply for that period regardless of whether more than one establishment or undertaking carries on the operation at the same place over that period.

(8) In this Part—

(a) a reference to any of paragraphs U1 to U16 is a reference to a paragraph numbered 1 to 16 in Section 2 of Chapter 2 (use of waste);

(b) a reference to any of paragraphs T1 to T33 is a reference to a paragraph numbered 1 to 33 in Section 2 of Chapter 3 (treatment of waste);

(c) a reference to any of paragraphs D1 to D8 is a reference to a paragraph numbered 1 to 8 in Section 2 of Chapter 4 (disposal of waste);

(d) a reference to any of paragraphs S1 to S3 is a reference to a paragraph numbered 1 to 3 in Section 2 of Chapter 5 (storage of waste).

CHAPTER 2 — Use of waste

SECTION 1 — Introductory

1

(1) The descriptions in this Chapter—

(a) are set out in the first sub-paragraph of paragraphs U1 to U16, and

(b) include associated storage.

(2) The specific conditions for each description in this Chapter are set out in the third sub-paragraph of paragraphs U1 to U16.

(3) The general conditions for all descriptions in this Chapter are as follows—

(a) the operation is for the purposes of recovering or reusing the waste, unless otherwise stated in the specific conditions;

(b) the waste used is suitable for the purposes of the operation;

SECTION 2 — Descriptions and specific conditions

Use of waste in construction (U1)

1

(1) The use of relevant waste in construction.

(2) The tables specifying relevant waste for the purposes of this paragraph are set out below.

Codes	Waste types	Quantity limit	Additional specific conditions
010102	Waste from mineral non-metalliferous excavation	5,000 tonnes
010408	Waste gravel and crushed rock other than those mentioned in 010407	5,000 tonnes
010409	Waste sand and clays	5,000 tonnes
020202	Shellfish shells from which the soft tissue or flesh has been removed only	5,000 tonnes
101208	Waste ceramics, bricks, tiles and construction products (after thermal processing)	5,000 tonnes
101314	Waste concrete and concrete sludge	5,000 tonnes
170101	Concrete	5,000 tonnes
170102	Bricks	5,000 tonnes
170103	Tiles and ceramics	5,000 tonnes
170107	Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106	5,000 tonnes
170506	Dredging spoil other than those mentioned in 170505	5,000 tonnes	A
170508	Track ballast other than those mentioned in 170507	5,000 tonnes
191205	Glass	5,000 tonnes
191209	Minerals (for example sand, stones)	5,000 tonnes
191212	Aggregates only	5,000 tonnes
Codes	Waste types	Quantity limit	Additional specific conditions
---	---	---	---
020399, 020401	Soil from cleaning and washing fruit and vegetables only	1,000 tonnes
170302	Bituminous mixtures other than those mentioned in 170301	1,000 tonnes	B
170504	Soil and stones other than those mentioned in 170503	1,000 tonnes
170506	Dredging spoil other than those mentioned in 170505	1,000 tonnes
191302	Solid wastes from soil remediation other than those mentioned in 191301	1,000 tonnes
200202	Soil and stones	1,000 tonnes
020103	Plant tissue waste	1,000 tonnes	B
030101, 030301	Untreated waste bark, cork and wood only	1,000 tonnes	B
030105	Untreated wood including sawdust, shavings and cuttings from untreated wood only	1,000 tonnes	B
170201	Untreated wood only	1,000 tonnes	B
191207	Untreated wood other than those mentioned in 191206 only	1,000 tonnes	B
200138	Untreated wood other than those mentioned in 200137 only	1,000 tonnes	B
Codes	Waste types	Quantity limit	Additional specific conditions
---	---	---	---
170302	Bituminous mixtures other than those mentioned in 170301	50,000 tonnes	C
170504	Road sub base only	50,000 tonnes	C

(3) For the purposes of this paragraph, the specific conditions are that—

(a) where the relevant waste falls within the first column of a table in sub-paragraph (2), the total quantity of waste used or stored over any 3-year period does not exceed the limit indicated in the third column of that table,

(b) where one or more waste type falling within the first column of any one table in sub-paragraph (2) is used or stored, the total quantity for all the waste types used or stored does not exceed the limit indicated in the third column of that table over any 3-year period,

(d) the operation complies with such of the following additional conditions as are specified in the fourth column of the table and for these purposes—

A	the waste is used only for drainage work carried on for the purposes of the Land Drainage Act 1991 , the 1991 Act or the 1995 Act;
B	the waste is used only for the construction of tracks, paths, bridleways or car parks and must be processed into chipped form prior to use;
C	the waste is used only for the construction of roads.

Use of baled end-of-life tyres in construction (U2)

2

(1) The use of relevant waste in construction.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
160103	Baled end-of-life tyres only

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste used or stored during the construction does not exceed 50 tonnes of baled tyres,

(b) the waste is not used more than once,

(d) no waste is stored for longer than 3 months prior to use.

Use of waste in the construction of entertainment or educational installations etc. (U3)

3

(1) The use of relevant waste in the construction of installations, exhibits, sets or demonstrations for entertainment or educational purposes.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste Types
170102	Bricks
170103	Tiles and ceramics
170201, 200138	Wood
170203, 200139	Plastic
170401 to 170407, 170411, 200140	Metals including their alloys
200101	Paper and cardboard
200111	Textiles

(3) For the purposes of this paragraph, the specific condition is that the total quantity of waste used or stored prior to use does not exceed 20 tonnes at any one time.

Burning of waste as a fuel in a small appliance (U4)

4

(1) The burning of relevant waste as a fuel in an appliance if the requirements in sub-paragraph (4) are met.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste Types
020103, 200201	Plant tissue waste only
020107, 170201	Untreated wood only
020304	Vegetable waste unsuitable for consumption or processing
030101	Waste bark and cork
030105	Untreated sawdust and wood shavings other than those mentioned in 030104 only
030301	Waste bark and wood
030310	Fibre rejects (fibrous vegetable waste from virgin pulp preparation or paper pulp production) only
150103	Untreated wooden packaging only

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste burned over any period of 1 hour is less than 50kg,

(b) the total quantity of waste stored at any one time does not exceed 10 tonnes, and

(4) The requirements in this sub-paragraph are that—

(a) the appliance has a net rated thermal input of less than 0.4 megawatts, and

(b) where it is used together with other appliances (whether or not it is operated simultaneously with such other appliances), the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.

Use of waste derived biodiesel as fuel (U5)

5

(1) The use of biodiesel derived from relevant waste as a fuel in a portable generator if the requirements in sub-paragraph (4) are met or in a motor vehicle and the storage of such biodiesel—

(a) in or on a motor vehicle or in such a portable generator, or

(b) at a place that is owned or occupied by the owner or user of the biodiesel.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste Types
190210	Waste derived biodiesel only

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of biodiesel stored in or on a motor vehicle or in a portable generator at any one time does not exceed 1,000 litres,

(b) the total quantity of biodiesel stored at a place owned or occupied by the owner or user of the biodiesel at any one time does not exceed 5,000 litres, and

(4) The requirements in this sub-paragraph are that—

(a) the portable generator has a net rated thermal input of less than 0.4 megawatts, and

(b) where it is used together with other portable generators (whether or not it is operated simultaneously with such other generators) the aggregate net rated thermal input of all the generators is less than 0.4 megawatts.

Use of sludge for the purposes of re-seeding a waste water treatment plant (U6)

6

(1) The use of relevant waste at a waste water treatment plant for the purposes of re-seeding the plant.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste Types
190805	Sludges from treatment of urban waste water
190812	Sludges from biological treatment of industrial waste water other than those mentioned in 190811

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste used or stored at the plant at any one time does not exceed 1,000 cubic metres, and

(b) the waste was not produced at the plant.

Use of effluent to clean a highway gravel bed (U7)

7

(1) The use of relevant waste from a water treatment works or a waste water treatment plant to clean a highway gravel bed.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste Types
190899	Effluent only

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste used over any 24-hour period does not exceed 10 cubic metres,

(b) the highway gravel bed has sealed drainage to ensure that the condition in paragraph (c) can be met,

(d) the waste meets any relevant conditions specified in the environmental permit authorising the operation of the water treatment works or waste water treatment plant.

Use of waste for a specified purpose (U8)

8

(1) The use of relevant waste for a specified purpose.

(2) For the purposes of this paragraph—

(a) the table specifying relevant waste and the limits referred to in sub-paragraph (3)(a) and (b) is set out below;

(b) “specified purpose” is a purpose specified in the third column of the table.

Codes	Waste types	Specified purpose	Quantity limit (at any one time)
030105, 191207	Untreated wood (including shavings, woodchip and sawdust) and over-sized compost only	Use in equestrian exercise surfaces	1,000 tonnes
191204	Shredded or granulated rubber and end-of-life tyres only	Use in equestrian exercise surfaces	1,000 tonnes
191201	Shredded paper and cardboard	Use as animal bedding	100 tonnes
030305, 030310, 030311	Paper fibre, de-inked paper pulp and de-inked paper sludge from paper manufacturing only	Use as animal bedding	100 tonnes
030105, 191207	Untreated wood (including shavings, woodchip and sawdust) and over-sized compost only	Use as animal bedding	100 tonnes
160103	End-of-life tyres	Use as a weight on cover sheeting on agricultural premises or use as crash barriers	40 tonnes
150102	Geotextile bags (flexible intermediate bulk containers) only	Use as reinforcement in construction	100 bags
020202	Shellfish shells from which the soft tissue or flesh has been removed only	Use for ornamental purposes	50 tonnes
191205	Crushed glass only	Use for ornamental purposes	50 tonnes
200127, 200128, 080111, 080112	Paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins)	Use as paint	1,000 litres
190599	Compost produced for the purposes of growing mushrooms only	Use in growing mushrooms	1,000 tonnes
170102, 170904	Stones and bricks capable of being used in their existing state only	Use in construction of buildings, fencing, barriers, containment or similar above ground construction	100 tonnes
170201, 191207, 200138	Non-hazardous wood including telegraph poles and railway sleepers and lock gates and associated balance beams	Use in construction of buildings, fencing, barriers, containment or similar above ground construction	100 tonnes
110105, 110107	Ferric chloride and aluminium hydroxide only	Use in treating municipal waste water effluent	50 cubic metres
110105, 110107	Ferric chloride and aluminium hydroxide only	Use in potable water treatment processes	50 cubic metres
190902, 190903, 190906	Sludges/solutions from the treatment of water only	Use in treating municipal waste water effluent	50 cubic metres
100201, 100202, 170504, 191209	Blast furnace slag and stones only	Use as filter media at waste water treatment works	50,000 tonnes
170204, 191206, 200137*	Hazardous wooden telegraph poles and railway sleepers and lock gates and associated balance beams only	Use in construction of buildings, fencing, barriers, containment or similar above ground construction	100 tonnes

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total amount of waste used or stored at any one time does not exceed the quantity limit specified in the fourth column,

(b) in relation to any relevant waste to which code 160103 applies (end-of-life tyres), within the quantity limit specified for that waste type, not more than 10 tonnes is stored together,

(d) in relation to any relevant waste to which code 110105 (ferric chloride), 110107 (aluminium hydroxide), 190902, 190903, 190906 (sludges/solutions from the treatment of water) applies, the waste is stored—

(i) with secondary containment, and

(ii) in a location with sealed drainage, and

(e) in relation to any relevant waste to which code 110105 (ferric chloride), 110107 (aluminium hydroxide) applies, within the quantity limit specified for that waste type, not more than 10 tonnes of waste may be used per day.

Use of waste to manufacture finished goods (U9)

9

(1) The use of relevant waste to manufacture finished goods.

(2) The table specifying relevant waste for the purposes of this paragraph and the quantity limits referred to in sub-paragraph (3)(a) is set out below.

Codes	Waste types	Quantity limit (at any one time)	Additional specific conditions
100101, 100102	Ash only	500 tonnes	A
101208	Ceramics	100 tonnes	A
101112, 150107, 191205, 200102	Glass	5,000 tonnes	A
100105	Gypsum only	500 tonnes	A
200199	Lion faeces only	5 tonnes	B
120101, 120103, 150104, 160117, 160118, 191001, 191002, 191202, 191203, 200140	Metals	500 tonnes	A
150101, 191201, 200101	Paper and cardboard	15,000 tonnes	C, D
070213, 120105, 150102, 191204, 200139	Plastics	500 tonnes	E
191204	Rubber only	30 tonnes	E, F
040221, 040222, 150109, 191208, 200110, 200111	Textiles	1,000 tonnes	B
030105, 030301, 150103, 191207, 200138	Wood, bark, cork, sawdust, shavings, cuttings, particle board	100 tonnes	B

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste used or stored at any one time does not exceed the quantity limit specified in the third column of the table in sub-paragraph (2),

(b) the waste is stored in a secure location at the place where the manufacturing is carried on,

(c) the operation does not involve any activity falling within a description in Part A(1) or Part A(2) of Part 2 of Schedule 1, and

(d) the operation complies with such of the following additional specific conditions as are specified in the fourth column of the table—

A	the waste is stored at a location with sealed drainage;
B	the waste is stored indoors or in a secure container;
C	the waste is stored in a baled form, in a container or indoors;
D	within the quantity limit specified in the third column of the table and notwithstanding additional specific condition C, up to 1,000 tonnes may be stored outdoors so long as it is stored in an enclosure designed and maintained to prevent the escape of litter;
E	the waste is not subject to heat treatment;
F	the total quantity of waste stored together does not exceed 10 tonnes.

(4) For the purposes of this paragraph, “finished goods” means goods that are ready for use by an end consumer without any further processing.

Spreading waste on agricultural land to confer benefit (U10)

10

(1) The spreading of relevant waste on agricultural land to confer benefit to the land for the purposes of providing, maintaining or improving the soil's ability to provide a growing medium by adding nutrients, lime or biomass.

(2) The table specifying relevant waste for the purposes of this paragraph and the quantity and storage limits referred to in sub-paragraph (3) is set out below.

Codes	Waste types	Quantity limit	Storage limit (at any one time)	Period	Additional specific conditions
010102, 010408, 170504	Chalk only	50 tonnes per hectare	200 tonnes	12 months	A
020101	Sludges from washing and cleaning fruit and vegetables on farm only	50 tonnes per hectare	200 tonnes	12 months	A, F
020199, 020399	Untreated wash waters from cleaning fruit and vegetables on farm only	100 tonnes per hectare	200 tonnes	12 months	A, F
020305	Effluent from the on-site treatment of wash waters from cleaning fruit and vegetables on farm only	100 tonnes per hectare	200 tonnes	12 months	A, F
020401, 020399	Soil from cleaning and washing fruit and vegetables only	50 tonnes per hectare	200 tonnes	12 months	A
020199	Milk from agricultural premises only	50 cubic metres of diluted milk per hectare	200 tonnes	24 hours	A, B, E
100101	Ash from wood chip boilers produced pursuant to an operation described in paragraph U4 only	1 tonne per hectare	10 tonnes	12 months	A
170506	Dredging spoil (other than those mentioned in 170505) generated from the creation or maintenance of habitats, ditches or ponds within parks, gardens, fields and forests only	150 tonnes per hectare	1,250 tonnes	12 months	C
020199	Spent compost from the growing of mushrooms only	50 tonnes per hectare	500 tonnes	12 months	A
190599	Compost produced pursuant to a treatment described in paragraph T23 or T26 only	50 tonnes per hectare	500 tonnes	12 months	A
190604	Digestate produced pursuant to a treatment described in paragraph T24 or T25 only	50 tonnes per hectare	200 tonnes	12 months	A
190812	Waste consisting of biobed or biofilter material produced pursuant to a treatment described in paragraph T32 only	50 tonnes per hectare	200 tonnes	12 months	A, D

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste spread does not exceed the limit specified in the third column of the table in sub-paragraph (2) over the period specified in the fifth column,

(b) the total quantity of waste stored at any one time does not exceed the limit specified in the fourth column of the table,

(c) subject to additional specific conditions D and E in paragraph (f), where they apply, no waste is stored for longer than 12 months prior to spreading,

(d) the waste is stored in a secure location prior to spreading,

(e) at the time the spreading begins—

(i) the land has not been frozen for 12 or more hours in the preceding 24 hours,

(ii) the land is not waterlogged, frozen or snow-covered, and

(f) the operation complies with such of the following additional specific conditions as are specified in the sixth column of the table—

A	the location of any waste which is stored or land which is spread is atleast 10 metres from a watercourse and 50 metres from a spring, well or bore-hole;
B	prior to spreading, the waste is diluted with not less than an equal quantity of water or slurry and the land is spread not more than once in any 4-week period;
C	the waste is spread adjacent to the place from which it was dredged;
D	the waste is stored for at least 12 months prior to spreading;
E	the waste is not stored for longer than 24 hours prior to spreading;
F	the waste is spread at the place where it is produced.

Spreading waste on non-agricultural land to confer benefit (U11)

11

(1) The spreading of relevant waste on land that is not agricultural land for the purposes of providing, maintaining or improving the soil's ability to provide a growing medium by adding nutrients, lime or bio-mass.

(2) The table specifying relevant waste for the purposes of this paragraph and the quantity and storage limits referred to in sub-paragraph (3) is set out below.

Codes	Waste types	Quantity limit (over 12 months)	Storage limit (at any one time)	Additional specific conditions
010102, 010408, 170504	Chalk only	50 tonnes per hectare	200 tonnes	A
020202	Shellfish shells from which the soft tissue or flesh has been removed only	50 tonnes per hectare	200 tonnes	A
020399, 020401	Soil from cleaning and washing fruit and vegetables only	50 tonnes per hectare	200 tonnes	A
100101	Ash from wood chip boilers produced pursuant to an operation de-scribed in paragraph U4 only	1 tonne per hectare	10 tonnes	A
170506	Dredging spoil (other than those mentioned in 170505) generated from the creation or maintenance of habitats, ditches or ponds within parks, gardens, fields and forests only	150 tonnes per hectare	1,250 tonnes	B
020199	Spent compost from the growing of mushrooms only	50 tonnes per hectare	500 tonnes	A
190599	Compost produced pursuant to a treatment de-scribed in paragraph T23 or T26 only	50 tonnes per hectare	500 tonnes	A
190604	Digestate produced pursuant to a treatment described in paragraph T24 or T25 only	50 tonnes per hectare	200 tonnes	A
190812	Waste consisting of biobed or biofilter material produced pursuant to a treatment described in paragraph T32 only	50 tonnes per hectare	200 tonnes	A, C
200108	Coffee grounds only	50 tonnes per hectare	200 tonnes	A

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste spread does not exceed the limit specified in the third column of the table in sub-paragraph (2) over any 12-month period,

(b) the total quantity of waste stored at any one time does not exceed the limit specified in the fourth column of the table,

(c) subject to additional specific condition C in paragraph (f), where it applies, no waste is stored for longer than 12 months prior to spreading,

(d) the waste is stored in a secure location prior to spreading,

(e) at the time the spreading begins—

(i) the land has not been frozen for 12 or more hours in the preceding 24 hours;

(ii) the land is not waterlogged, frozen or snow-covered, and

(f) the operation complies with such of the following additional specific conditions as are specified in the fifth column of the table—

A	the location of any waste which is stored or land which is spread is at least 10 metres from a watercourse and 50 metres from a spring, well or borehole;
B	the waste is spread adjacent to the place from which it was dredged;
C	the waste is stored for at least 12 months prior to spreading.

Use of mulch (U12)

12

(1) The use of relevant waste as a mulch.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste Types
020103, 191207, 200201	Untreated wood and plant matter

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste used or stored over any period of 1 month does not exceed 100 tonnes, and

(b) the waste is stored in a secure location prior to use.

Spreading of plant matter to confer benefit (U13)

13

(1) The spreading of relevant waste at the place of production to confer benefit.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste Types
020103, 020107, 020304, 200201	Plant tissue only

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste spread over any 12-month period does not exceed 50 tonnes per hectare,

(b) at the time the spreading begins—

(i) the land has not been frozen for 12 or more hours in the preceding 24 hours;

(ii) the land is not waterlogged, frozen or snow-covered, and

(c) except for waste which is spread on the banks of the waters from which it was produced, no waste is spread within 50 metres of any watercourse, spring, well or borehole.

Incorporation of ash into soil (U14)

14

(1) The incorporation of ash which is relevant waste into soil resulting from a qualifying operation.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste Types
020103, 020107, 200201	Ash from burning of plant tissue only

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste incorporated into soil does not exceed 10 tonnes per hectare, and

(b) ashes of burnt cereal, straw or cereal stubble are not allowed, without reasonable excuse, proof of which lies on the establishment or undertaking carrying on the operation, to remain on the soil for longer than 24 hours after the commencement of the burning but must be incorporated into the soil—

(i) within that period, or

(ii) in a case where, having regard to wind conditions to do so would be likely to cause nuisance, as soon as conditions allow.

(4) For the purposes of this paragraph, a “qualifying operation” is one that—

(a) involves the burning of cereal straw or cereal stubble,

(b) falls within a description in paragraph D7, and

Pig and poultry ash (U15)

15

(1) The spreading of relevant waste on agricultural land at the place of production.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste Types
190112	Ash from the incineration of pig and poultry carcasses only

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste spread over any 12-month period does not exceed 150kg per hectare,

(b) the waste is mixed with an equal volume or more of manure or slurry prior to spreading,

(d) the location of the waste which is stored or land which is spread is at least—

(i) 10 metres from a watercourse;

(ii) 50 metres from a spring, well or borehole, and

(e) at the time of the spreading—

(i) the land has not been frozen for 12 or more hours in the preceding 24 hours;

(ii) the land is not waterlogged, frozen or snow-covered.

Use of depolluted end-of-life vehicles for vehicle parts (U16)

16

(1) The use of relevant waste for vehicle parts.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste Types
160106	End-of-life vehicles, containing neither liquids nor other hazardous components
160122	Non-hazardous components from end-of-life vehicles only

(3) For the purposes of this paragraph, the specific conditions are that—

(a) no more than two depolluted end-of-life vehicles are stored at any one time,

(b) in relation to relevant waste to which code 160122 (non-hazardous components from end-of-life vehicles) applies, the total quantity of waste stored at any one time does not exceed 5 cubic metres,

(d) the waste is stored on an impermeable surface, and

(e) the operation is for the purposes of re-using the waste.

(4) In this paragraph—

“depolluted” means that the vehicle has been subjected to all of the operations described in paragraph 3 of Annex 1 to the End-of-Life Vehicles Directive;

“end-of-life vehicle” means a motor vehicle which is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive.

CHAPTER 3 — Treatment of waste

SECTION 1 — Introductory

1

(1) The descriptions in this Chapter—

(a) are set out in the first sub-paragraph of paragraphs T1 to T33, and

(b) include associated storage.

(2) The specific conditions for each description in this Chapter are set out in the third sub-paragraph of paragraphs T1 to T33.

(3) The general condition for the descriptions in this Chapter is that the operation is for the purposes of recovering the waste, unless otherwise stated in the specific conditions.

SECTION 2 — Descriptions and specific conditions

Cleaning, washing, spraying or coating relevant waste (T1)

1

(1) The treatment of relevant waste by cleaning, washing, spraying or coating it, subject to sub-paragraph (4).

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
150105	Composite packaging
160120, 150107, 170202, 191205, 200102	Glass
150101	Paper and cardboard packaging
020104, 070213, 150102, 160119, 170203, 200139	Plastic
150109	Textile packaging

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste treated over any 7-day period does not exceed 300 tonnes,

(b) subject to paragraph (e), the total quantity of waste stored at any one time does not exceed 300 tonnes,

(d) no waste is stored for longer than 3 months prior to treatment,

(e) where the waste consists of containers that have been used to contain a hazardous substance, the total quantity of waste stored does not exceed 1 tonne over any 7-day period, and

(f) the waste is not contaminated by more than 1% of its original volume prior to treatment.

(4) The description in sub-paragraph (1) does not include cleaning, washing, spraying or coating of any relevant waste if this falls within Part B of Section 6.4 of Part 2 of Schedule 1.

(5) In this paragraph, “hazardous substance” means a substance classified as hazardous as a consequence of fulfilling the criteria laid down in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures .

(6) References in this paragraph to quantity limits by weight include the weight of any contamination.

Recovery of textiles (T2)

2

(1) The treatment of relevant waste by laundering or otherwise cleaning it.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
191208	Textiles
200110	Clothes
200111	Textiles

(3) For the purposes of this paragraph, the specific conditions are that—

(a) the total quantity of waste treated or stored at any one time does not exceed 20,000 tonnes, and

(b) the waste is treated and stored at a location with sealed drainage.

Treatment of waste metals and metal alloys by heating for the purposes of removing grease etc. (T3)

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