The Environmental Permitting (England and Wales) (Amendment) Regulations 2012

Part 1 of Schedule 3 (exempt facilities: exempt waste operations)

13.—(1) Part 1 of Schedule 3 to the principal Regulations is amended as follows.

(2) In Section 2 of Chapter 2 (use of waste)—

(a) for table 2 in paragraph 1(2) substitute—

Table 2

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

(b) for the table in paragraph 8(2) substitute—

Codes	Waste types	Specified purpose	Quantity limit (at any one time)
030105, 191207	Untreated wood (including shavings, woodchip and sawdust) and oversized compost only	Use in horse menages	1,000 tonnes
191204	Shredded or granulated rubber and end-of-life tyres only	Use in horse menages	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 oversized 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

(c) in paragraph 8(3), for paragraph (d) substitute—

“(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.”;

(d) in the table in paragraph 10(2)—

(i) after the first entry insert—

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

(ii) in the second column of the second entry relating to code 020199, for “compost only” substitute “only”;

(e) in paragraph 10(3)(f), after specific condition E add—

“F	the waste is spread at the place where it is produced.”;

(f) for paragraph 16(4) substitute—

“(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” has the meaning given in paragraph 2(2)(b) of Schedule 11.”.

(3) In Section 2 of Chapter 3 (treatment of waste)—

(a) in the table in paragraph 5(2), in the second column—

(i) in the entry relating to code 030101, for “Waste bark and cork” substitute “Untreated waste bark and cork only”,

(ii) in the entry relating to code 030301, for “Waste” substitute “Untreated waste”, and

(iii) in the entry relating to code 170201, for “Wood” substitute “Untreated wood only”;

(b) in the table in paragraph 6(2), in the second column in the entry relating to code 150103, for “Untreated wooden” substitute “Wooden”;

(c) in paragraph 11—

(i) for sub-paragraph (1) substitute—

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

(ii) for sub-paragraph (3)(f) substitute—

“(f) 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.”;

(d) in paragraph 16 (the title to which becomes “Treatment of waste toner cartridges and waste ink cartridges by sorting, dismantling, cleaning or refilling (T16)”)—

(i) in sub-paragraph (1), after “cartridges” insert “and waste ink cartridges”,

(ii) in the table in sub-paragraph (2), before the first entry insert—

080313

Waste ink other than that mentioned in 080312*

(iii) in sub-paragraph (3)(a), for “50,000 cartridges” substitute “150 tonnes”;

(e) in paragraph 19 (the title to which becomes “Physical and chemical treatment of waste edible oil and fat to produce biodiesel (T19)”)—

(i) in sub-paragraph (1), after “physical” insert “and chemical”, and

(ii) for sub-paragraph (3)(a) substitute—

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

(aa) the total quantity of waste chemically treated at any one time does not exceed 250 litres;”;

(f) in paragraph 23(2), in table 1, after the entry relating to code 020107, insert—

020199

Fully biodegradable animal bedding

(g) in paragraphs 24(2) and 25(2), in the table, insert at the appropriate place—

020199

Fully biodegradable animal bedding

(h) in paragraph 27 (the title to which becomes “Treatment of sheep dip using organophosphate-degrading enzyme (T27)”)—

(i) for sub-paragraph (3)(d) substitute—

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

(ii) after sub-paragraph (3) insert—

“(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.”; and

(i) in the table in paragraph 30(2), before the first entry insert—

090106*

Wastes containing silver from on-site treatment of photographic wastes

(4) In Section 2 of Chapter 5 (the title to which becomes “Storage of waste”), in paragraph 1(3), for paragraphs (d) and (e) substitute—

“(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.”.