The Environmental Permitting (England and Wales) Regulations 2016

3

• (1) The treatment of relevant waste for the purposes of removing grease, oil or any other non-metallic contaminant by heating it in an appliance where the requirements of sub-paragraph (4) are met using a process that is not an excluded process.

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

Codes	Waste types
160117	Ferrous metal
160118	Non-ferrous metal
191001	Iron and steel waste
191002	Non-ferrous waste
191202	Ferrous metal
191203	Non-ferrous metal
200140	Metals

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

• (a) the total quantity of waste stored or treated at any one time does not exceed 10 tonnes, and

• (b) the waste is stored in a secure location with sealed drainage.

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

• (a) the appliance has a net rated thermal input of less than 0.2 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 0.2 megawatts.

• (5) The processes that are excluded processes for the purposes of sub-paragraph (1) are—

• (a) the removal by heat of plastic or rubber covering from scrap cable or any asbestos contaminant,

• (b) a process that is an activity listed in Section 2.1 (other than paragraph (d) of Part B) of Part 2 of Schedule 1 involving the heating of iron, steel or ferrous alloy, and

• (c) a process that is an activity described in Part A(1) or A(2) of Section 2.2 of Chapter 2 of Part 2 of Schedule 1 involving the heating of any non-ferrous metal or non-ferrous metal alloy.

Preparatory treatments (baling, sorting, shredding etc.) (T4)

4

• (1) The treatment of relevant waste by baling, sorting, shredding, pulverising, densifying, crushing or compacting it.

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

Codes	Waste types	Treatment limit (over 7 days)	Storage limit (at any one time)
150104, 200140	Cans and foils only	100 tonnes where treatment is carried on outdoors	500 tonnes
150104, 200140	Cans and foils only	500 tonnes where treatment is carried on indoors	500 tonnes
070213, 150102, 150105	Food and drink cartons only	100 tonnes where treatment is carried on outdoors	500 tonnes
070213, 150102, 150105	Food and drink cartons only	3,000 tonnes where treatment is carried on indoors	500 tonnes
150107, 160120, 170202, 191205, 200102	Glass	5,000 tonnes	5,000 tonnes
030308, 030307, 150101, 191201, 200101	Paper and cardboard (excluding food and drink cartons)	500 tonnes where treatment is carried on outdoors	15,000 tonnes
030308, 030307, 150101, 191201, 200101	Paper and cardboard (excluding food and drink cartons)	3,000 tonnes where treatment is carried on indoors	15,000 tonnes
020104, 070213, 120105, 150102, 160119, 170203, 191204, 200139	Plastic	100 tonnes where treatment is carried on outdoors	500 tonnes
020104, 070213, 120105, 150102, 160119, 170203, 191204, 200139	Plastic	3000 tonnes where treatment is carried on indoors	500 tonnes
040222, 150109, 191208, 200110, 200111	Textiles and clothes	1,000 tonnes where treatment is carried on outdoors	1,000 tonnes
040222, 150109, 191208, 200110, 200111	Textiles and clothes	3,000 tonnes where treatment is carried on indoors	1,000 tonnes

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

• (a) subject to paragraph (d), the total quantity of waste treated over any 7-day period does not exceed the limit specified in the third column of the table in sub-paragraph (2),

• (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) no waste is stored for longer than 12 months,

• (d) where the treatment involves pulverising waste—

• (i) the total quantity of waste treated over any 7-day period does not exceed 5 tonnes;

• (ii) the treatment is carried on indoors,

• (e) where the treatment involves densifying waste, the treatment does not involve the application of heat,

• (f) the treatment and storage are carried on in a secure place,

• (g) the waste arrives at the place where the operation is carried on unmixed with any other type of waste,

• (h) the waste is treated and stored in an unmixed state, and

• (i) in relation to relevant waste to which any one of codes 030308, 030307, 150101, 191201, 200101 (paper and cardboard) applies—

• (i) the waste is stored in a baled form, in a container or indoors;

• (ii) within the storage limit specified in the fourth column of the table, 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.

Screening and blending of waste (T5)

5

• (1) The treatment of relevant waste by screening and blending it for the purposes of producing an aggregate or soil and associated prior treatment.

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

Codes	Waste types
010408	Waste gravel and crushed rocks other than those mentioned in 010407
010409	Waste sand and clays
020202	Shellfish shells from which the soft tissue or flesh has been removed only
030101	Untreated waste bark and cork only
030301	Untreated waste bark and wood
100101	Bottom ash, slag and boiler dust (excluding boiler dust mentioned in 100104)
100115	Bottom ash, slag and boiler dust from co-incineration other than those mentioned in 100114
170101	Concrete
170102	Bricks
170103	Tiles and ceramics
170107	Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106
170201	Untreated wood only
170302	Bituminous mixtures other than those mentioned in 170301
170504	Soil and stones other than those mentioned in 170503
170506	Dredging spoil other than those mentioned in 170505
170508	Track ballast other than those mentioned in 170507
190599	Compost produced pursuant to a treatment described in paragraphs T23 or T26 only
191205	Glass
191209	Aggregates only
191212	Gypsum recovered from construction materials only
191302	Solid wastes from soil remediation other than those mentioned in 191301
191304	Sludges from soil remediation other than those mentioned in 191303
200202	Soil and stones

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

• (a) in relation to any relevant waste to which code 170302 (bituminous mixtures other than those mentioned in 170301) applies where the treatment is for the purpose of manufacturing roadstone, the total quantity of waste treated or stored over any 3-year period does not exceed 50,000 tonnes,

• (b) in relation to relevant waste not covered by paragraph (a), the total quantity of waste treated or stored over any 3-year period does not exceed 5,000 tonnes,

• (c) no waste is stored for longer than 12 months, and

• (d) the treatment is carried on at the place—

• (i) of production, or

• (ii) where the treated waste is to be used.

• (4) In this paragraph, “associated prior treatment” means crushing relevant waste for the purposes of screening or blending it but does not include crushing of any relevant waste which falls within Part B of Section 3.5 of Part 2 of Schedule 1 or within paragraph T7.

Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising (T6)

6

• (1) The treatment of relevant waste by chipping, shredding, cutting or pulverising it.

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

Codes	Waste types
020103, 200201	Plant tissue waste
030101,030301, 170201	Wood
150103	Wooden packaging only

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

• (a) the total quantity of waste treated or stored over any 7-day period does not exceed 500 tonnes, and

• (b) no waste is stored for longer than 3 months after treatment.

Treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size (T7)

7

• (1) The treatment of relevant waste by crushing, grinding or reducing it in size but not including any treatment activity covered by paragraph (c) in Part B of Section 3.5 of Part 2 of Schedule 1.

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

Codes	Waste types
170101	Concrete
170102	Bricks
170103	Tiles and ceramics
170107	Mixtures of concrete, bricks, tiles and ceramics (other than those mentioned in 170106*)

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

• (a) the total quantity of waste treated over any period of 1 hour does not exceed 20 tonnes,

• (b) the total quantity of waste stored at any one time does not exceed 200 tonnes,

• (c) the waste is stored in a secure place prior to treatment,

• (d) the treatment is carried on—

• (i) at the place of production, or

• (ii) at the place where the treated waste is to be used, and

• (e) the operation does not result in the release into the air of a substance listed in paragraph 6(3) of Part 1 of Schedule 1 except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

Mechanical treatment of end-of-life tyres (T8)

8

• (1) The treatment of end-of-life tyres, including such tyres in a shredded or granulated form that are relevant waste by a relevant treatment operation and associated prior treatment.

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

Codes	Waste types	Relevant treatment operation
160103	End-of-life tyres	Granulating, baling, peeling, shaving, shredding and re-treading of tyres
191204	Shredded or granulated end-of-life tyres only	Granulating

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

• (a) the total quantity of waste stored or treated over any 7-day period does not exceed—

• (i) 60 tonnes of truck tyres, or

• (ii) 40 tonnes of any other tyres,

• (b) within the limits in paragraph (a), the total quantity stored together does not exceed 10 tonnes,

• (c) in relation to any relevant treatment operation that is granulating, the treatment is carried on indoors, and

• (d) in relation to any relevant treatment operation that is re-treading, the treatment is for the purposes of re-using the waste.

• (4) In this paragraph, “associated prior treatment” means cleaning tyres and separating rims from them prior to treatment.

Recovery of scrap metal (T9)

9

• (1) The recovery of scrap metal consisting of relevant waste by—

• (a) sorting, grading, shearing by manual feed, baling or crushing it, or

• (b) cutting it with hand-held equipment.

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

Codes	Waste types
020110	Waste metal
150104	Metallic packaging
160117, 191202	Ferrous metal
160118, 191203	Non-ferrous metal
170401	Copper, bronze, brass
170402	Aluminium
170403	Lead
170404	Zinc
170405	Iron and steel
170406	Tin
170407	Mixed metals
170411	Cables other than those mentioned in 170410
200140	Metals

• (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 1,000 tonnes,

• (b) within the limit in paragraph (a), the total quantity of any cables stored or treated does not exceed 50 tonnes,

• (c) no waste is stored for longer than 24 months,

• (d) the recovery is carried on at a location with sealed drainage, and

• (e) the height of any pile or stack of waste does not exceed 5 metres.

Sorting mixed waste (T10)

10

• (1) The sorting of one type of relevant waste from one or more other types of relevant waste.

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

Codes	Waste types
150101, 200101	Paper and cardboard
150102, 200139	Plastics
150104, 200140	Metals
150105	Composite packaging
150106	Mixed packaging
150107, 200102	Glass
150109, 200110, 200111	Textiles and clothing only

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

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

• (b) the total quantity of waste treated over any 7-day period does not exceed 10 tonnes, and

• (c) the waste is stored in a secure place.

Repair or refurbishment of WEEE (T11)

11

• (1) The treatment of WEEE that is relevant waste by repairing, refurbishing or dismantling it.

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

Codes	Waste types
160211*	WEEE containing CFCs, HCFCs and HFCs
160213*	WEEE containing hazardous components other than those mentioned in 160209 to 160212
160214	WEEE other than those mentioned in 160209 to 160213
160216	Components removed from discarded equipment other than those mentioned in 160215
200123*	WEEE containing CFCs
200135*	WEEE other than those mentioned in 200121 and 200123 containing hazardous components
200136	WEEE other than those mentioned in 200121, 200123, and 200135

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

• (a) the total quantity of waste treated or stored over any 12-month period does not exceed 1,000 tonnes,

• (b) best available treatment, recovery and recycling techniques are used,

• (c) the waste is stored in accordance with paragraph 1 of Annex VIII to the WEEE Directive,

• (d) the waste is treated in accordance with paragraph 2 of Annex VIII to the WEEE Directive,

• (e) the minimum recovery targets set out in Annex V to the WEEE Directive are met,

• (f) the operation meets the technical requirements specified in Annex VIII to the WEEE Directive,

• (g) in relation to any relevant waste falling within codes 160211 (WEEE containing CFCs, HCFCs and HFCs) or 200123 (WEEE containing CFCs), the waste is stored in such a manner so as to prevent the release of CFCs, HCFCs and HFCs,

• (h) the waste is stored in such a manner that its environmentally sound re-use or recycling is not hindered,

• (i) the operation is for the purposes of—

• (i) re-using the WEEE for its original purpose,

• (ii) re-using any dismantled components for their original purpose, or

• (iii) dismantling the WEEE components for the purposes of recovery, and

• (j) in relation to dismantling, any fluids are removed and further treatment carried out in accordance with Annex VII to the WEEE Directive.

• (4) In this paragraph—

• “best available treatment, recovery and recycling techniques” has the meaning given in the document published jointly by the Department for Environment, Food and Rural Affairs, the Welsh Assembly Government and the Scottish Executive on 27th November 2006, entitled “Guidance on Best Available Treatment, Recovery and Recycling Techniques (BATRRT) and Treatment of Waste Electrical and Electronic Equipment (WEEE)”;

• “CFCs” means chlorofluorocarbons;

• “HCFCs” means hydrochlorofluorocarbons;

• “HFCs” means hydrofluorocarbons;

• “treatment” does not include the degassing or capture of ozone depleting substances.

Manual treatment of waste (T12)

12

• (1) The manual treatment of relevant waste by a relevant treatment operation.

• (2) The table below specifies—

• (a) relevant waste for the purposes of this paragraph and relevant treatment operations,

• (b) the quantity limits referred to in sub-paragraph (3)(a), and

• (c) the additional specific conditions referred to in sub-paragraph (3)(c).

Codes	Waste types	Relevant treatment operation	Quantity limits (at any one time)	Additional specific conditions
200199	Bicycles only	Sorting, repairing or refurbishing	100 tonnes	A
200110, 200111	Clothing, fabrics, carpets only	Sorting, repairing or refurbishing	100 tonnes	A
200138, 200139, 200140	Coat hangers only	Sorting and dismantling	100 tonnes	B
200140	Domestic pots and pans only	Sorting and dismantling	100 tonnes
200199	Footwear only	Sorting, repairing or refurbishing	100 tonnes	A
200307	Furniture only	Sorting, repairing or refurbishing	100 tonnes	A
200138, 200139, 200140	Garden tools only	Sorting, repairing or refurbishing	100 tonnes	A
200138, 200139, 200140	Lock gates only	Sorting and dismantling	100 tonnes
200307	Mattresses only	Sorting and dismantling	5 tonnes	B, C
170102, 170201, 170904, 200138	Stone, bricks, wood only	Sorting, repairing or refurbishing	500 tonnes	A
200137*, 200138, 200140	Telegraph poles only	Sorting and dismantling	100 tonnes	B
170201, 170202, 170203, 200102, 200138, 200139, 200140	Windows, doors only	Sorting, repairing or refurbishing	100 tonnes	A
170201, 170202, 170203, 200102, 200138, 200139, 200140	Windows, doors only	Sorting and dismantling	10 tonnes	B
150103	Wooden pallets only	Sorting, repairing or refurbishing	100 tonnes	A
150103	Wooden pallets only	Sorting and dismantling	100 tonnes	B

• (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 the limit specified in the fourth column of the table in sub-paragraph (2),

• (b) subject to additional specific condition B in paragraph (c), where it applies, no waste is stored for longer than 2 years, and

• (c) the operation complies with such of the following additional specific conditions as is specified in the fifth column of the table—

A	the operation is for the purposes of reusing the waste;
B	no waste is stored for longer than 12 months;
C	treatment and storage are carried on indoors.

Treatment of waste food (T13)

13

• (1) The treatment of waste food that is relevant waste by decanting or unwrapping it, bulking it up and sorting it.

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

Codes	Waste types
020304, 020501, 020601, 020704	Materials unsuitable for consumption or processing
200199	Non liquid foods unsuitable for consumption or processing only

• (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 30 tonnes,

• (b) the treatment and storage are carried on—

• (i) indoors;

• (ii) in a secure place,

• (c) no waste is stored for longer than 7 days,

• (d) in relation to relevant waste specified in the first row of the table in sub-paragraph (2), where that is milk only, the operation is carried on in a dairy which has sealed drainage, and

• (e) any resultant waste packaging is bulked up for the purposes of recovery.

Crushing and emptying waste vehicle oil filters (T14)

14

• (1) The treatment of waste vehicle oil filters consisting of relevant waste by crushing and emptying them.

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

Codes	Waste types
160107*	Oil filters

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

• (a) the total quantity of waste stored after treatment does not exceed 1 tonne of crushed and emptied oil filters at any one time,

• (b) the treatment is carried on at the place of production,

• (c) the equipment used to treat the waste is—

• (i) designed for the purposes of crushing oil filters;

• (ii) designed and maintained to ensure that oil does not escape during treatment, and

• (d) the treatment takes place as soon as practicable after the oil filter is removed from a vehicle.

Treatment of waste aerosol cans (T15)

15

• (1) The treatment of empty used waste aerosol cans consisting of relevant waste by puncturing and crushing them.

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

Codes	Waste types
160504*	Aerosol cans containing residues of or contaminated by hazardous substances only
160505	Aerosol cans only

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

• (a) the total quantity of waste treated or stored in any 12-month period does not exceed 3,000 cans,

• (b) the waste is stored in a secure location in vented containers prior to treatment,

• (c) the treatment and storage are carried on—

• (i) at the place of production;

• (ii) in a well-ventilated area, and

• (d) the equipment used to treat the waste is designed for that purpose.

Treatment of waste toner cartridges and waste ink cartridges by sorting, dismantling, cleaning or refilling (T16)

16

• (1) The treatment of waste toner cartridges and waste ink cartridges consisting of relevant waste by sorting, dismantling, cleaning or refilling them.

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

Codes	Waste types
080313	Waste ink other than that mentioned in 080312*
080318	Waste printing toner other than those mentioned in 080317
150102	Plastic packaging
160216	Cartridges taken from discarded equipment other than those mentioned in 160215 only
200139	Plastics

• (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 150 tonnes, and

• (b) the treatment is carried on—

• (i) indoors;

• (ii) at a location with sealed drainage.

Crushing waste fluorescent tubes (T17)

17

• (1) The crushing of relevant waste for the purposes of volume reduction prior to collection.

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

Codes	Waste types
200121*	Fluorescent tubes only

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

• (a) the fluorescent tubes were used or intended to be used by the producer of the waste before becoming waste,

• (b) the crushing is carried out by the producer of the waste at the place of production,

• (c) the total quantity of waste crushed does not exceed 2 tonnes per year,

• (d) the equipment used for crushing is owned by the producer,

• (e) the mercury exposure limit is not exceeded,

• (f) best available treatment, recovery and recycling techniques are used,

• (g) the waste is stored in accordance with paragraph 1 of Annex VIII to the WEEE Directive, and

• (h) the waste is crushed in accordance with paragraph 2 of Annex VIII to the WEEE Directive.

• (4) In this paragraph—

• “best available treatment, recovery and recycling techniques” has the meaning given in paragraph 11(4) of this Section;

• “mercury exposure limit” means the workplace exposure limit for mercury set out in the document entitled “EH/40/2005 Workplace Exposure Limits” (second edition) issued by the Health and Safety Executive and published in 2011 .

Dewatering using flocculants (T18)

18

• (1) The treatment of relevant waste by dewatering using flocculants.

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

Codes	Waste types
010409	Clay effluent resulting from the manufacture of ceramics only
080120	Water based paint wash waters only

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

• (a) the total quantity of waste stored or treated at any one time does not exceed 30,000 litres, and

• (b) the waste is stored in a container with secondary containment.

Physical and chemical treatment of waste edible oil and fat to produce biodiesel (T19)

19

• (1) The physical and chemical treatment of relevant waste for the purposes of producing biodiesel.

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

Codes	Waste types
200125	Edible oil and fat

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

• (a) the total quantity of waste physically treated or stored at any one time does not exceed 5,000 litres,

• (b) the total quantity of waste chemically treated at any one time does not exceed 250 litres,

• (c) the waste is treated and stored in a container with secondary containment,

• (d) no waste is stored for longer than 3 months, and

• (e) the operation is for the purpose of reusing the waste.

Treatment of waste at a water treatment works (T20)

20

• (1) The treatment of relevant waste at a water treatment works.

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

Codes	Waste types
190902	Sludges from water clarification
190903	Sludges from decarbonation
190906	Solutions and sludges from regeneration of ion exchangers
190999	Waste water and bore hole flushings only

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

• (a) the total quantity of waste treated at the works over any period of 12 months does not exceed 10,000 cubic metres, and

• (b) the waste is treated and stored in a secure location with sealed drainage.

Recovery of waste at a waste water treatment works (T21)

21

• (1) The recovery of relevant waste at a waste water treatment works.

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

Codes	Waste types
190801	Screenings
190802	Sewage grit (waste from desanding) only
190805	Sludges from treatment of urban waste water
190899	Centrate liquor only
190902	Sludges from water clarification
190903	Sludges from decarbonation
190906	Solutions and sludges from regeneration of ion exchangers
200304	Septic tank sludge
200306	Waste from sewage cleaning
200399	Cesspool waste and other sewage sludge only

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

• (a) the total quantity of waste brought to the works over any period of 12 months does not exceed 100,000 cubic metres, and

• (b) the waste is treated and stored in a secure location with sealed drainage.

Recovery of central heating oil by filtration

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aerobic composting and associated prior treatment (T23)

23

• (1) The treatment of relevant waste by aerobic composting and associated prior treatment.

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

Codes	Waste types
170506	Plant tissue waste from inland waters only
020103, 200201	Plant tissue waste
020106	Horse manure and farmyard manure only
020107	Biodegradable waste from forestry only
020199	Fully biodegradable animal bedding
200101	Paper and cardboard
200201	Biodegradable waste plant matter only
Codes	Waste types
---	---
020202	Animal tissue waste
020501, 020601	Materials unsuitable for consumption or processing
200108	Biodegradable kitchen and canteen waste
200302	Biodegradable waste from markets only

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

• (a) the total quantity of waste treated or stored at any one time does not exceed 80 tonnes where—

• (i) the operation is carried on at the place of production, and

• (ii) the treated waste is being or is to be used at that place,

• (b) the total quantity of waste treated or stored at any one time does not exceed 60 tonnes where—

• (i) the waste is produced at a place other than where the operation is carried on, or

• (ii) the treated waste is not to be used at the place where the operation is carried on,

• (c) within the quantity limits in paragraphs (a) and (b), the waste does not consist at any one time of more than the following quantities—

• (i) 10 tonnes of paper or cardboard;

• (ii) 20 tonnes of manure;

• (iii) 10 tonnes of any relevant waste listed in Table 2,

• (d) in relation to relevant waste listed in Table 1, no waste is stored for longer than 1 month prior to treatment,

• (e) in relation to relevant waste listed in Table 2, no waste is stored for longer than 7 days prior to treatment,

• (f) no waste is stored for a period of longer than 12 months after treatment, and

• (g) the treatment results in a stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

• (4) In this paragraph—

• “aerobic composting” means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic;

• “associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of aerobic composting.

Anaerobic digestion at premises used for agriculture and burning of resultant biogas (T24)

24

• (1) The treatment by anaerobic digestion of relevant waste at premises used for agriculture and associated prior treatment and the burning of any resultant biogas.

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

Codes	Waste types
020103, 020107, 170506, 200201	Plant tissue waste
020106	Horse and farmyard manure, slurry only
020199	Fully biodegradable animal bedding

• (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 1,250 cubic metres,

• (b) the minimum retention time for the waste in the digester is 28 days, and

• (c) any gas resulting from the operation is collected and then burnt in an appliance—

• (i) where the requirements of sub-paragraph (5) are met, and

• (ii) the appliance is for the purposes of producing energy.

• (4) In this paragraph, “associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of anaerobic digestion.

• (5) 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.

Anaerobic digestion at premises not used for agriculture and burning of resultant biogas (T25)

25

• (1) The treatment by anaerobic digestion of relevant waste at premises not used for agriculture and associated prior treatment and the burning of any resultant biogas.

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

Codes	Waste types
020103, 020107, 170506, 200201	Plant tissue waste
020106	Horse and farmyard manure only
020199	Fully biodegradable animal bedding
200101	Paper and cardboard
200108	Biodegradable kitchen and canteen waste
020202	Animal tissue waste
020501, 020601	Materials unsuitable for consumption or processing
200302	Biodegradable waste from markets only

• (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 50 cubic metres,

• (b) the minimum retention time for the waste in the digester is 28 days, and

• (c) any gas resulting from the operation is collected and then burnt in an appliance—

• (i) where the requirements of sub-paragraph (5) are met, and

• (ii) the appliance is for the purposes of producing energy.

• (4) In this paragraph, “associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of anaerobic digestion.

• (5) 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.

Treatment of kitchen waste in a wormery (T26)

26

• (1) The treatment in a wormery of relevant waste originating from a kitchen.

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

Codes	Waste types
200101	Paper and cardboard
200108	Biodegradable kitchen and canteen waste

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

• (a) the total quantity of waste treated over any 12-month period does not exceed 6 tonnes, and

• (b) the treatment results in a stable sanitised vermicompost that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

Treatment of sheep dip using organophosphate-degrading enzyme (T27)

27

• (1) The treatment of used organophosphate sheep dip consisting of relevant waste for the purposes of its disposal.

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

Codes	Waste types
020109	Organophosphate sheep dip only

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

• (a) total quantity of waste treated or stored over any 24-hour period does not exceed 8,000 litres,

• (b) the waste is treated using organophosphate-degrading enzyme in accordance with the enzyme manufacturer's instructions,

• (c) the treatment and storage are carried on at the place of production, and

• (d) the treatment is carried on in a secure container located within a drain pen or in a secure sheep dip bath.

• (4) In this paragraph, “drain pen” means an impermeable area draining back to the sheep dip bath where newly-dipped sheep are held while they continue to drip.

Sorting and de-naturing of controlled drugs for disposal (T28)

28

• (1) The treatment of controlled drugs consisting of relevant waste by sorting and de-naturing them prior to their disposal.

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

Codes	Waste types
180109	Medicines from natal care, diagnosis, treatment or prevention of disease in humans
180208	Medicines from research, diagnosis, treatment or prevention of disease involving animals
200132	Medicines separately collected as municipal waste

• (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 1 cubic metre,

• (b) the treatment and storage are carried on at the place of production, and

• (c) no waste is stored for longer than 6 months.

• (4) In this paragraph, “controlled drug” means a controlled drug specified in Schedules 1 to 5 to the Misuse of Drugs Regulations 2001 .

Treatment of non-hazardous pesticide washings by carbon filtration for disposal (T29)

29

• (1) The treatment of non-hazardous pesticide washings that are relevant waste by carbon filtration for the purposes of disposal.

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

Codes	Waste types
020109, 160509	Non-hazardous pesticide washings only

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

• (a) the total quantity of waste treated or stored over any 24-hour period does not exceed 8,000 litres,

• (b) the treatment and storage are carried on at the place of production, and

• (c) the treatment is carried on in a location with sealed drainage.

Recovery of silver (T30)

30

• (1) The recovery of silver from relevant waste produced in connection with printing or photographic processes.

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

Codes	Waste types
090106*	Wastes containing silver from on-site treatment of photographic wastes
090107	Photographic film or paper containing silver or silver compounds

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

• (a) the total quantity of waste stored or treated at any one time does not exceed 1,000 litres, and

• (b) the treatment and storage are carried on in a location with sealed drainage.

Recovery of monopropylene glycol from aircraft antifreeze fluids (T31)

31

• (1) The recovery of monopropylene glycol by filtering and distilling relevant waste collected following de-icing of aircraft.

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

Codes	Waste types
160115	Antifreeze fluids other than those mentioned in 160114

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

• (a) the total quantity of waste treated or stored over any 7-day period does not exceed 250 cubic metres,

• (b) the waste is treated in a location with sealed drainage,

• (c) the operation is carried on at the place where the waste is produced, and

• (d) the waste is stored with secondary containment.

Treatment of waste in a biobed or biofilter (T32)

32

• (1) The treatment of relevant waste in a lined biobed or above ground biofilter.

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

Codes	Waste types
020109, 160509	Non-hazardous pesticide washings only

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

• (a) the total quantity of waste treated or stored over any 12-month period does not exceed 15,000 litres,

• (b) the biobed or biofilter is located at a secure place that is—

• (i) at least 10 metres from a watercourse;

• (ii) at least 50 metres from a spring or well or from any borehole not used to supply water for domestic or food production purposes;

• (iii) at least 250 metres from any borehole used to supply water for domestic or food production purposes;

• (iv) not within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction that is used to supply water for domestic or food production purposes,

• (c) the biobed or biofilter—

• (i) is designed and maintained for the treatment operation;

• (ii) has an impermeable lining, and

• (d) the treatment is carried on at the place of production.

CHAPTER 4 — Disposal of waste

SECTION 1 — Introductory

1

• (1) The descriptions in this Chapter—

• (a) are set out in the first sub-paragraph of paragraphs D1 to D8, 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 D1 to D8.

• (3) The general condition for all descriptions in this Chapter is that the operation is carried on at the place of production.

SECTION 2 — Descriptions and specific conditions

Deposit of waste from dredging of inland waters (D1)

1

• (1) The deposit of relevant waste arising from the dredging of inland waters and associated screening and dewatering.

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

Codes	Waste types
170506	Dredging spoil other than those mentioned in 170505

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

• (a) the total quantity of waste deposited or treated over any 12-month period does not exceed 50 cubic metres for each metre of land on which the waste is deposited, and

• (b) the waste is deposited at the closest possible point to where the waste was produced on—

• (i) the bank of the inland waters from which the waste was produced, or

• (ii) such width of land adjoining the inland waters so as to enable the waste to be removed and deposited by mechanical means in one operation.

Deposit of waste from a railway sanitary convenience (D2)

2

• (1) The deposit of relevant waste on to a railway track.

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

Codes	Waste types
200399	Wastes from railway sanitary conveniences only

• (3) For the purposes of this paragraph, the specific condition is that the total quantity of waste deposited per discharge does not exceed 25 litres.

• (4) In this paragraph, “railway sanitary convenience” means a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on a railway.

Deposit of waste from a portable sanitary convenience (D3)

3

• (1) The deposit of relevant waste by burying it.

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

Codes	Waste types
200399	Waste from portable sanitary conveniences only

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

• (a) the total quantity of waste deposited over any 12-month period does not exceed 1 cubic metre, and

• (b) no waste is deposited within—

• (i) 10 metres of any watercourse,

• (ii) 50 metres of any spring, well or borehole.

Deposit of agricultural waste consisting of plant tissue under a Plant Health notice (D4)

4

• (1) The deposit of agricultural waste that is relevant waste.

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

Codes	Waste types
020103	Plant tissue waste

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

• (a) the deposit is required under a Plant Health notice,

• (b) where waste is deposited into a pile, the pile—

• (i) does not exceed 250 tonnes, and

• (ii) is not immediately adjacent to another pile of the same type of waste,

• (c) at the time the deposit is made—

• (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

• (d) no waste is deposited within—

• (i) 10 metres of any watercourse;

• (ii) 50 metres of any spring, well or borehole.

Depositing samples of waste for the purposes of testing or analysing them (D5)

5

• (1) The deposit and subsequent storage of relevant samples of waste at any place where the samples are being or are to be tested or analysed.

• (2) For the purposes of sub-paragraph (1), “relevant samples of waste” means samples of waste that are taken—

• (a) in the exercise of any power under—

• (i) the Control of Pollution Act 1974 ;

• (ii) section 5 of the Control of Pollution (Amendment) Act 1989 ;

• (iii) the 1990 Act;

• (iv) the 1991 Act;

• (v) the Water Industry Act 1991 ;

• (vi) the Waste Electrical and Electronic Equipment Regulations 2013 ;

• (vii) the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 ;

• (viii) regulation 88 of the Waste Batteries and Accumulators Regulations 2009 ,

• (b) by or on behalf of the holder of an environmental permit,

• (c) by or on behalf of a person carrying on in relation to the waste—

• (i) an operation described in this Part, or

• (ii) an excluded waste operation,

• (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(1) or (1A) of the 1990 Act applies in connection with that person's duties under that section,

• (f) by or on behalf of any person to whom the Transfrontier Shipment of Waste Regulations 2007 apply in connection with that person's powers under those Regulations, or

• (g) for the purposes of research.

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

• (a) the total quantity of waste deposited or stored at any one time does not exceed 10 tonnes, and

• (b) the waste is not stored for longer than 12 months or such other period as may be ordered in court proceedings.

Disposal by incineration (D6)

6

• (1) The disposal by incineration of the waste described in sub-paragraph (2) in a small waste incineration plant where the requirements in sub-paragraph (4) are met.

• (2) The waste described in this paragraph is the waste mentioned in Article 42(2)(a)(i) and (iii) of the Industrial Emissions Directive.

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

• (a) the total quantity of waste stored prior to incineration does not exceed 5 tonnes at any one time, and

• (b) the operation is carried on by the person who produced the waste.

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

• (a) the small waste incineration plant has a capacity of less than 50kg per hour and a net rated thermal input of less than 0.4 megawatts, and

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

Burning waste in the open (D7)

7

• (1) The burning of relevant waste on open land.

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

Codes	Waste types
020103, 020107, 200201	Plant tissue
030105	Sawdust, shavings and cuttings from untreated wood only
030301	Waste bark and wood

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

• (a) the total quantity of waste burned over any period of 24 hours does not exceed 10 tonnes,

• (b) the total quantity of waste stored at any one time does not exceed 20 tonnes, and

• (c) no waste is stored for longer than 6 months.

Burning waste at a port under a Plant Health notice (D8)

8

• (1) The burning of relevant waste at a port.

• (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
150103, 200138	Wood used to wedge or support parts of cargo, including packing material, spacers and pallets only

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

• (a) the total quantity of waste burned or stored over any period of 24 hours does not exceed 10 tonnes,

• (b) the burning and storage of waste takes place in a secure place at the port where the waste was unloaded, and

• (c) the burning is required under a Plant Health notice.

• (4) In this paragraph, “port” means a port appointed by order made under section 19 of the Customs and Excise Management Act 1979 .

CHAPTER 5 — Storage of waste other than at the place of production pending its recovery or re-use

SECTION 1 — Introductory

1

• (1) The descriptions in this Chapter are set out in the first sub-paragraph of paragraphs S1 to S3.

• (2) The specific conditions for each of the descriptions in this Chapter are set out in the third sub-paragraph of paragraphs S1 to S3.

• (3) The general conditions for all descriptions in this Chapter are that the storage is carried on—

• (a) at a place other than the place of production, and

• (b) pending the recovery of the waste.

SECTION 2 — Storage of waste

Storage of waste in secure containers (S1)

1

• (1) The storage of relevant waste at a place in a secure container or containers for the purposes of its recovery elsewhere.

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

Codes	Waste types	Storage limit (at any one time)
130109 to 130113	Waste oils	3 cubic metres
130204 to 130208	Waste oils	3 cubic metres
130401 to 130403	Waste oils	3 cubic metres
130701*	Waste oils	3 cubic metres
150101, 200101	Cartons	400 cubic metres
150102, 200139	Plastics and plastic packaging	400 cubic metres
150104, 200140	Cans and foil only	400 cubic metres
150101, 200101	Paper and cardboard	400 cubic metres
150107, 200102	Glass	400 cubic metres
150109, 200110, 200111	Textiles and clothes	400 cubic metres
150202*	Absorbents, filter materials (including oil filters not otherwise specified) wiping cloths, protective clothing contaminated by hazardous substances	3 cubic metres
150203	Absorbents, filter materials, wiping cloths and protective clothing other than those mentioned in 150202	3 cubic metres
160107*	Oil filters	3 cubic metres

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

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

• (b) the total quantity of storage containers at the storage place at any one time does not exceed 20,

• (c) no waste is stored for longer than 12 months,

• (d) the person storing the waste is the owner of the container or containers or has the consent of the owner,

• (e) in respect of any waste oils and waste to which code 160107* (oil filters) applies, the waste is stored with secondary containment, and

• (f) each waste type is stored separately.

Storage of waste in a secure place (S2)

2

• (1) The storage of relevant waste in a secure place for the purposes of its recovery elsewhere.

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

Codes	Waste types	Storage limit (at any one time)	Period	Additional specific conditions
161002	Aqueous paint related waste only	1,000 litres	6 months	A, C
160601, 160602, 160603, 160604, 160605, 200133, 200134	Batteries	10 tonnes	6 months	A, B
150104, 200140	Cans and foil only	500 tonnes	12 months
140601*	CFCs, HCFCs and HFCs	18 tonnes	6 months	A, C
170101, 170102, 170103, 170107, 170202, 170203, 170401 to 170407, 170504, 170604, 170802	Construction and demolition waste capable of being used in its existing state (non-hazardous) only	100 tonnes	12 months
200125	Edible oil and fat only	5,000 tonnes	12 months	A, C
100207*	Electric arc furnace dust only	2,500 tonnes	3 months	D, E, F
020104	Farm plastics (non-packaging) only	500 tonnes	12 months	D
070213, 150101, 150102, 150105, 200139	Food and drink cartons only	500 tonnes	12 months
101112, 150107, 160120, 170202, 191205, 200102	Glass	5,000 tonnes	12 months	B
020102	Mammalian protein only	60,000 tonnes	12 months	D
020202	Mammalian tallow only	45,000 tonnes	12 months	D
200307	Mattresses only	5 tonnes	3 months	D
010408, 191209	Marble chips only	5,000 tonnes	12 months
020304	Olive pulp/pellet only	5,000 tonnes	3 months	B, C, E
200127, 200128, 080111, 080112	Paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins) pending re-use as paints only	10,000 litres	6 months	A, C
150101, 191201, 200101, 030308, 030307	Paper and cardboard (excluding food and drink cartons) only	15,000 tonnes	12 months	J, K
090107, 090108	Photographic films and papers	50 tonnes	12 months	J
070213, 120105, 150102, 160119, 191204, 200139	Plastic	500 tonnes	12 months
100101	Poultry litter ash only	3,000 tonnes	12 months	D, E
080318, 150102, 160216, 200139	Printer cartridges only	5,000 units	6 months	D
170301*, 170302, 170504	Road planings, waste road chippings, road sub-base only	500 tonnes	12 months
020110, 160117, 160118, 191203, 170401, 170402, 170403, 170404, 170405, 170406, 170407, 191202, 170411	Scrap metal	15,000 tonnes	6 months	B, E
090110, 090111*, 090112	Single use cameras	400 cubic metres	6 months
020401, 020399	Soils from cleaning fruit and vegetables only	100 tonnes	6 months
100316, 100405*, 100504, 100511, 100604, 100811, 100899	Solder metal, skimmings, ashes and residues	100 tonnes	3 months	G
140602, 140603, 200113*	Solvents and solvent mixtures	5 cubic metres	6 months	A, C
100101, 100102, 100105, 100115	Synthetic gypsum and pulverised fuel ash only	2,500 tonnes	3 months	D, E, F
040222, 150109, 191208, 200110, 200111	Textiles and clothes	1,000 tonnes	12 months
160103, 191204	Tyres, tyre chip and crumb	40 tonnes	3 months	H
110113, 120301, 160708*	Waste cleaning solution containing 2% sodium metasilicate and 1-2% waste oil only	3 tonnes	3 months	A, C
160211,160213, 160214, 160216, 200121, 200123, 200135*, 200136	WEEE	400 cubic metres	6 months	I
030301, 150102, 150103, 200138	Wine bottle corks only	500 tonnes	12 months
030105, 170201, 170204,191206, 191207, 200137*, 200138	Wood including telegraph poles and railway sleepers (hazardous and non-hazardous)	100 tonnes	12 months	030105, 170201, 170204, 191206, 191207, 200137*, 200138

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

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

• (b) no waste is stored for longer than the period specified in the fourth column of the table,

• (c) each type of waste is stored separately, and

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

A	the waste is stored in a container;
B	the storage place has sealed drainage;
C	the waste is stored with secondary containment;
D	the waste is stored indoors;
E	the waste is stored at a dock prior to being exported or after being imported;
F	the waste must arrive at the storage place in bags and must be stored there in bags or in drums;
G	the waste is stored in bags or in drums;
H	the total quantity of waste stored together does not exceed 10 tonnes;
I	the waste is stored in accordance with the requirements in paragraph 1 of Annex VIII to the WEEE Directive;
J	the waste is stored in a baled form, in a container or indoors;
K	within the quantity limit specified in the third column of the table and notwithstanding additional specific condition J, 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.

Storage of sludge (S3)

3

• (1) The storage of relevant waste.

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

Codes	Waste types
190805	Residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters only
200304	Residual sludge from septic tanks and other similar installations for the treatment of sewage only

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

• (a) the total quantity of waste stored at any one time does not exceed 1,250 tonnes,

• (b) no waste is stored for longer than 12 months,

• (c) the waste is stored in a secure location at the place where it is to be used,

• (d) the waste is stored at least—

• (i) 10 metres from any watercourse;

• (ii) 50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes;

• (iii) 250 metres from any borehole used to supply water for domestic or food production purposes,

• (e) no waste is stored—

• (i) within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction that is used to supply water for domestic or food production purposes;

• (ii) within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon, and

• (f) after storage, the waste is to be used in accordance with the Sludge (Use in Agriculture) Regulations 1989 .

PART 2 — Exempt water discharge activities: descriptions and conditions

Vegetation management activities

1

• (1) For the purpose of paragraphs 5(a)(i) and 6(a)(i) of Schedule 2, the description is cutting or uprooting a substantial amount of vegetation in any inland freshwaters or so near to any such waters that it falls into them, where it is not reasonable to take steps to remove the vegetation from those waters.

• (2) For the purpose of paragraphs 5(a)(ii) and 6(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are that—

• (a) prior notice of the dates of the water discharge activity is given to persons likely to be affected by such an activity, including—

• (i) the owner of any structure within or on the watercourse,

• (ii) the owner of any designated site within or on the watercourse,

• (iii) fisheries interests,

• (iv) boating interests,

• (v) the appropriate agency,

• (vi) the local authority,

• (vii) the internal drainage board (which has the same meaning as in the Land Drainage Act 1991 ), and

• (b) the activity is not carried on if there is insufficient flow to convey the vegetation.

• (3) In sub-paragraph (2)(a)(ii), "designated site" means—

• (a) a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017),

• (b) a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 ),

• (c) a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981 ), or

• (d) a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949 .

Small discharges of sewage effluent: Wales

2

• (1) For the purpose of paragraph 5(a)(i) of Schedule 2, the description is the discharge from a sewage treatment plant of 5 cubic metres per day or less of sewage effluent into inland freshwaters, coastal waters or relevant territorial waters.

• (2) For the purpose of paragraph 5(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are—

• (a) in the case of a discharge which takes place for the first time on or after the date on which these Regulations come into force, that all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled “Guidance for the registration of small sewage effluent discharges”, issued by the NRBW and dated July 2011 and updated in September 2016 , in relation to—

• (i) design and manufacturing standards,

• (ii) construction, installation and operation specifications,

• (iii) siting and installation, and

• (iv) the capacity of the works and equipment;

• (b) that the discharge cannot reasonably, at the time it is first made, be made to the foul sewer;

• (c) that the discharge does not contain trade effluent;

• (d) that all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer's specification;

• (e) that records of maintenance work are kept by the person who is the occupier of the land on which the discharge is made (“the occupier”) for at least 5 years after the work is carried out;

• (f) that the occupier must notify the exemption registration authority if an exempt water discharge activity ceases to be in operation;

• (g) that the occupier must ensure that all works and equipment used for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of pollutants entering inland freshwaters or coastal waters;

• (h) that, before an occupier ceases to be in occupation of land on which an exempt water discharge activity is carried on, the occupier must give to the person who will next be in occupation of the land a written notice—

• (i) stating that an exempt water discharge activity is being carried on on the land,

• (ii) containing a description of the exempt facility,

• (iii) stating the conditions that must be satisfied in relation to the exempt facility, and

• (iv) accompanied by any records of maintenance mentioned in paragraph (e).

Small discharges of sewage effluent: England

3

• (1) For the purpose of paragraph 6(a)(i) of Schedule 2, the description is the discharge from a sewage treatment plant of 5 cubic metres per day or less of sewage effluent into inland freshwaters, coastal waters or relevant territorial waters.

• (2) For the purpose of paragraph 6(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are that an operator of the sewage treatment plant ensures that—

• (a) all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled “General binding rules for small sewage discharges (SSDs) with effect from 2nd October 2023” published by the Agency on 23rd March 2023 in relation to—

• (i) design and manufacturing standards,

• (ii) construction, installation and operation specifications,

• (iii) siting and installation, and

• (iv) the capacity of the works and equipment;

• (b) in the case of a discharge which takes place for the first time on or after 1st January 2015, the discharge could not reasonably be made to the foul sewer;

• (c) the discharge does not contain trade effluent;

• (d) all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer's specification;

• (e) all works and equipment used for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of polluting matter entering inland freshwaters or coastal waters;

• (f) before the land or part of the land on which the sewage treatment plant is situated or being used is sold, an owner of the land or part of the land gives to the purchaser a written notice—

• (i) stating that an exempt water discharge activity is being carried on on the land, and

• (ii) containing a description of the exempt facility.

• (3) For the purposes of this paragraph, an operator is a person who has control over the operation of the sewage treatment plant by reason of—

• (a) being an owner of the land on which the sewage treatment plant is situated or being used, or

• (b) having entered into a written agreement with the owner of the land on which the sewage treatment plant is situated or being used to be responsible for the maintenance of the sewage treatment plant.

PART 3 — Exempt groundwater activities: descriptions and conditions

Interpretation of Part 3

1

In this Part—

• “ancient woodland” means any area that has been wooded continuously since at least 1600 AD, including ancient semi-natural woodland and plantations on ancient woodland sites;

• “groundwater tracer test” means a study of—the behaviour or movement of water, ora contaminant below ground,which involves the addition to groundwater of a distinguishable material which has nearly identical properties to the contaminant or water being studied;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “protected site” means—a wetland designated as a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017),a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981),a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949, ora site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981);

• “specified groundwater remediation scheme” means a remediation scheme which involves the addition of a substance or preparation to groundwater which enhances the rate of remediation of groundwater contaminants;

• “water features” includes boreholes, wells, adits, springs, seepage and wetland areas, ponds, lakes and watercourses;

• “water features survey” means a survey of all water features within 1 kilometre of the proposed activity that may be affected by it.

Discharge of small quantities of substances for scientific purposes

2

• (1) For the purpose of paragraphs 7(a)(i) and 8(a)(i) of Schedule 2, the description is the discharge of small quantities of substances for scientific purposes as part of—

• (a) a specified groundwater remediation scheme, or

• (b) a groundwater tracer test,

limited to the amount strictly necessary for that purpose

• (2) For the purpose of paragraphs 7(a)(ii) and 8(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

• (a) that a water features survey has demonstrated that the discharge will not cause pollution;

• (b) that the prior consent of every person having a right to abstract water in the vicinity of the discharge has been obtained;

• (c) that the exemption registration authority is notified before the commencement of the discharge;

• (d) that in the case of discharges as part of a specified groundwater remediation scheme, monitoring of the discharge, to determine whether pollution has been caused, is undertaken.

Small discharges of sewage effluent: Wales

3

• (1) For the purpose of paragraph 7(a)(i) of Schedule 2, the description is a discharge from a septic tank or sewage treatment plant of 2 cubic metres per day or less of sewage effluent that results in the input of pollutants to groundwater.

• (2) For the purpose of paragraph 7(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

• (a) in the case of a discharge which takes place for the first time on or after the date on which these Regulations come into force, that all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled “Guidance for the registration of small sewage effluent discharges”, issued by the NRBW and dated July 2011 and updated in September 2016, in relation to—

• (i) design and manufacturing standards,

• (ii) construction, installation and operation specifications,

• (iii) siting and installation of infiltration systems, and

• (iv) the capacity of the works and equipment;

• (b) that the discharge cannot reasonably, at the time it is first made, be made to the foul sewer;

• (c) that the discharge does not contain trade effluent;

• (d) that the discharge does not result in an input of pollutants to groundwater—

• (i) within 50 metres of a point at which water is abstracted from underground strata, or

• (ii) within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes;

• (e) that all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer's specification;

• (f) that records of maintenance work are kept by the person who is the occupier of the land on which the discharge is made (“the occupier”) for at least 5 years after the work is carried out;

• (g) that the occupier must notify the exemption registration authority if an exempt groundwater activity ceases to be in operation;

• (h) that the occupier must ensure that all works and equipment for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of pollutants entering groundwater;

• (i) that before an occupier ceases to be in occupation of land on which an exempt groundwater activity is carried on, the occupier must give to the person who will next be in occupation of the land a written notice—

• (i) stating that an exempt groundwater activity is being carried on on the land,

• (ii) containing a description of the exempt facility,

• (iii) stating the conditions that must be satisfied in relation to the exempt facility, and

• (iv) accompanied by any records of maintenance mentioned in paragraph (f).

Small discharges of sewage effluent: England

4

• (1) For the purpose of paragraph 8(a)(i) of Schedule 2, the description is a discharge from a septic tank or sewage treatment plant of 2 cubic metres per day or less of sewage effluent that results in the input of pollutants to groundwater.

• (2) For the purpose of paragraph 8(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are that an operator of the septic tank or sewage treatment plant ensures that—

• (a) all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled “General binding rules for small sewage discharges (SSDs) with effect from 2nd October 2023” published by the Agency on 23rd March 2023 in relation to—

• (i) design and manufacturing standards,

• (ii) construction, installation and operation specifications,

• (iii) siting and installation of infiltration systems, and

• (iv) the capacity of the works and equipment;

• (b) in the case of a discharge which takes place for the first time on or after 1st January 2015, the discharge could not reasonably be made to the foul sewer;

• (c) the discharge does not contain trade effluent;

• (d) the discharge does not result in an input of pollutants to groundwater within a groundwater Source Protection Zone 1;

• (e) all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer's specification;

• (f) all works and equipment for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of pollutants entering groundwater;

• (g) before the land or part of the land on which the septic tank or sewage treatment plant is situated or being used is sold, an owner of the land or part of the land gives to the purchaser a written notice—

• (i) stating that an exempt groundwater activity is being carried on on the land, and

• (ii) containing a description of the exempt facility.

• (3) For the purposes of this paragraph, an operator is a person who has control over the operation of the septic tank or sewage treatment plant by reason of—

• (a) being an owner of the land on which the septic tank or sewage treatment plant is situated or being used, or

• (b) having entered into a written agreement with the owner of the land on which the septic tank or sewage treatment plant is situated or being used to be responsible for the maintenance of the septic tank or sewage treatment plant.

Open-loop ground source heating and cooling systems

5

• (1) For the purpose of paragraphs 7(a)(i) and 8(a)(i) of Schedule 2, the description is the discharge of water to groundwater from a heating or cooling system to which sub-paragraph (3) applies with altered temperature.

• (2) For the purpose of paragraphs 7(a)(ii) and 8(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

• (a) that nothing must be added to water discharged from the system;

• (b) that the temperature of water discharged from the system—

• (i) subject to sub-paragraph (ii), must not exceed 25o C, and

• (ii) must not vary by more than 10o C compared to that in the aquifer from which it was abstracted;

• (c) that the system must not be on a known contaminated site or have had a previous contaminative use;

• (d) that water from the system must not be discharged less than 50 metres from a watercourse or groundwater-fed wetland;

• (e) in relation to Wales, that water from the system must not be discharged—

• (i) less than 50 metres from a point at which water is abstracted from underground strata, or

• (ii) within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes;

• (ea) in relation to England, that water from the system must not be discharged within a groundwater Source Protection Zone 1;

• (f) that the discharge of water from the system must be to the same aquifer as that from which it was abstracted;

• (g) that water within the system must not be used for any other purpose.

• (3) This sub-paragraph applies to a system—

• (a) that involves—

• (i) the abstraction of groundwater to obtain heating or (as the case may be) cooling, and

• (ii) the subsequent discharge of that water, and

• (b) that is—

• (i) a cooled aquifer system with a volume of less than 1500 cubic metres per day,

• (ii) a balanced system with a volume of less than 430 cubic metres per day, or

• (iii) a heated aquifer system with a volume of less than 215 cubic metres per day.

• (4) In this paragraph—

• “balanced system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature is within the range 0.8 to 1.2;

• “cooled aquifer system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature is less than 0.8;

• “groundwater-fed wetland” means a terrestrial ecosystem directly depending on a body of groundwater (within the meaning of the Water Framework Directive) and includes—a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017);a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981 );

• “heated aquifer system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature exceeds 1.2.

PART 4 — Exempt flood risk activities: descriptions and conditions

General and interpretation

1

• (1) The descriptions in this Part are set out in paragraphs 2 to 28, in their respective first sub-paragraphs.

• (2) The specific conditions relating to each description in this Part are set out in paragraphs 2 to 28, in their respective second sub-paragraphs.

• (3) The general conditions relating to all descriptions in this Part are that the activity is not carried out—

• (a) on a designated site or—

• (i) in the case of the description set out in paragraphs 2 to 4, 6, 8, 9, 12, 13, 15, 16, 18 to 20 and 25 to 28, in their respective first sub-paragraphs, within a 200 metre radius of a designated site;

• (ii) in the case of the description set out in paragraphs 5, 7, 10, 11, 14 and 17, in their respective first sub-paragraphs, within a 500 metre radius of a designated site;