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The Waste Management Licensing Regulations (Northern Ireland) 2003

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Regulations 1(3) and 17

SCHEDULE 2EXEMPTIONS FROM WASTE MANAGEMENT LICENSING

PART Iactivities exempt from waste management licensing

1.—(1) The use, under an authorisation granted under the Industrial Pollution Control Order, of waste glass as part of a process within Part B of section 3.5 (glass manufacture and production) of Schedule 1 to the 1998 Regulations if the total quantity of waste glass so used in that process does not exceed 600,000 tonnes in any period of twelve months.

(2) The storage, at the place where the process is carried on, of any such waste which is intended to be so used.

2.—(1) The use, under a permit under the 2003 Regulations, of waste glass as part of an activity within Part B of section 3.3 (the manufacture of glass and glass fibre) of Part I of Schedule 1 to the 2003 Regulations if the total quantity of waste glass so used in that activity does not exceed 600,000 tonnes in any period of twelve months.

(2) The storage, at the place where the activity is carried out, of any such waste which is intended to be so used.

3.—(1) The operation, under an authorisation granted under the Industrial Pollution Control Order, of a scrap metal furnace with a designed holding capacity of less than 25 tonnes to the extent that it is or forms part of a process within paragraphs (b), (e) or (f) of Part B or paragraphs (a), (b) or (d) of Part C of section 2.1 (iron and steel), or paragraphs (a), (b) or (c) of Part B or paragraphs (a) or (b) of Part C of section 2.2 (non-ferrous metals), of Schedule 1 to the 1998 Regulations.

(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1).

(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer), of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1).

4.—(1) The operation, under a permit under the 2003 Regulations, of a scrap metal furnace with a designed holding capacity of less than 25 tonnes to the extent that it is or forms part of an activity within paragraph (a), (b) or (d) of Part C of Section 2.1 (ferrous metals), or paragraph (a) of Part B or paragraph (a) or (b) of Part C of section 2.2 (non-ferrous metals), of Part I of Schedule 1 to the 2003 Regulations.

(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1).

(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer), of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1).

5.  The carrying on of any of the following operations –

(a)burning as a fuel, under an authorisation granted under the Industrial Pollution Control Order or a permit under the 2003 Regulations, of –

(i)straw, poultry litter or wood;

(ii)waste oil; or

(iii)solid fuel which has been manufactured from waste by a process involving the application of heat,

to the extent that it is or forms part of a process within Part B or Part C of any section of Schedule 1 to the 1998 Regulations or an activity within Part B or Part C of any section of Part I of Schedule 1 to the 2003 Regulations;

(b)the secure storage on the premises where the waste is to be burnt of any wastes mentioned in sub-paragraph (a), other than waste oil, which are intended to be burned as mentioned in that sub-paragraph;

(c)the secure storage of waste oil at the place where it is to be burnt for a period not exceeding twelve months if the waste oil is intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (a);

(d)burning as a fuel, under an authorisation granted under the Industrial Pollution Control Order or a permit under the 2003 Regulations, of tyres to the extent that it is or forms part of a process within Part C of Section 1.3 of Schedule 1 to the 1998 Regulations or an activity within Part C of Section 1.1 of Part I of Schedule 1 to the 2003 Regulations;

(e)the shredding of tyres at the place where they are to be burnt if they are intended to be burned as mentioned in sub-paragraph (d);

(f)the storage in a secure place on the premises where the waste is to be burnt of tyres where –

(i)the tyres are intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (d);

(ii)the tyres are stored separately;

(iii)none of the tyres is stored on the premises for longer than twelve months; and

(iv)the number of the tyres stored on the premises at any one time does not exceed 1,000.

6.—(1) The cleaning, washing, spraying or coating of waste consisting of packaging or containers so that it or they can be reused if the total quantity of such waste so dealt with at any place does not exceed 1,000 tonnes in any period of seven days.

(2) The storage of waste in connection with the carrying on of any activities described in sub-paragraph (1) if that storage is at the place where the activity is carried on unless –

(a)the total quantity of such waste stored at that place exceeds 1,000 tonnes; or

(b)more than 1 tonne of metal containers used for the transport or storage of any chemical are dealt with in any period of seven days.

7.—(1) Burning waste as a fuel in an appliance if the appliance has a net rated thermal input of less than 0.4 megawatts or, where the appliance is used together with (whether or not it is operated simultaneously with) other appliances, the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.

(2) The secure storage on the premises where the burning is to take place of waste intended to be submitted to such burning.

(3) In this paragraph, “net rated thermal input”, means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

8.—(1) Burning waste oil as a fuel in an engine of an aircraft, hovercraft, mechanically propelled vehicle, railway locomotive, ship or other vessel if the total amount burned of such waste does not exceed 2,500 litres an hour in any one engine.

(2) The storage, in a secure container, of waste oil intended to be so burned.

9.—(1) Subject to sub-paragraph (3) and any limitation set down in Column 3 of Table 3, the treatment of waste –

(a)identified by EWC Code in Column 1 of Table 3 and referred to in Column 2 of that Table, on land used for agriculture where such treatment results in benefit to agriculture or ecological improvement; or

(b)listed in Part I of Table 3 and identified by EWC Code in Column 1 of Table 3 and referred to in Column 2 of that Table for the treatment of –

(i)operational land of a railway, light railway, or any Government Department; or

(ii)land which is a forest, woodland, park, garden, verge, bank of an inland waterway, landscaped area, sports ground, recreation ground, churchyard or cemetery,

where the land in question is not used for agriculture and such treatment results in ecological improvement.

(2) The storage, in a secure container, lagoon or place, at the place where it is to be treated, of not more than 1000 cubic metres of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1), provided that the waste is not stored at a distance less than –

(a)10 metres from any waterway;

(b)50 metres from any spring or well, or from any borehole not used for a public water supply; or

(c)250 metres from any borehole used for a public water supply.

(3) Sub-paragraphs (1) and (2) apply only if –

(a)no more than 250 tonnes or, in the case of dredgings from inland waters, 5,000 tonnes of waste per hectare are spread on the land in any period of twelve months; and

(b)in the case of blood and gut contents, the waste has been treated in accordance with the Community Regulation.

(4) In this paragraph and paragraph 10, “agriculture” has the same meaning as in section 43 of the Agriculture Act (Northern Ireland) 1949(1) and for the purposes of this paragraph, waste is subject to treatment only when it is spread on land or is injected or otherwise introduced into the surface of that land.

Table 3

EWC CodeTypes of wasteLimitation
PART I
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03plant-tissue waste
Wastes from sugar processing (02 04)
02 04 01soil from cleaning and washing beet
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01waste bark and cork
03 01 05Sawdust, shavings, cuttings, wood, particle board or veneer other than those mentioned in 03 01 04Except whole wood, particle board and plastic veneer
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01waste bark and wood
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04soil and stones other than those mentioned in 17 05 03
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03off-specification compostconsisting only of biodegradable waste
Garden and park wastes (including cemetery waste) (20 02)
20 02 01biodegradable waste
20 02 02soil and stones
PART II
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 99Waste not otherwise specifiedStraw, wood or paper – based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets only
Wastes from the preparation and processing of meat, fish and other foods of animal origin (02 02)
02 02 03Materials unsuitable for consumption or processingBlood and gut contents from abattoirs or poultry preparation plants only
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production; molasses preparation and fermentation (02 03)
02 03 01 to 02 03 05All types within 02 03 01 to 02 03 05
Wastes from sugar processing (02 04)
02 04 01 to 02 04 03All types within 02 04 01 to 02 04 03
Wastes from the dairy products industry (02 05)
02 05 01 to 02 05 02All types within 02 05 01 to 02 05 02
Wastes from the baking and confectionery industry (02 06)
02 06 01 to 02 06 03All types within 02 06 01 to 02 06 03
Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) (02 07)
02 07 01 to 02 07 05All types within 02 07 01 to 02 07 05
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 05De-inking sludges from paper recycling
03 03 09lime mud waste
03 03 99Waste not elsewhere specifiedDe-inked paper pulp from paper recycling
Wastes from the leather and fur industry (04 01)
04 01 07sludges, in particular from on-site effluent treatment free of chromium
Wastes from the textile industry (04 02)
04 02 10organic matter from natural products (for example grease, wax)
04 02 15Wastes from finishing other than those mentioned in 04 02 14
04 02 20sludges from on-site effluent treatment other than those mentioned in 04 02 19
04 02 21Wastes from unprocessed textile fibres
04 02 22Wastes from processed textile fibres
Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13)
10 13 04Wastes from calcination and hydration of lime
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 06dredging spoil other than those mentioned in 17 05 05
Wastes from anaerobic treatment of waste (19 06)
19 06 03liquor from anaerobic treatment of municipal waste
19 06 04digestate from anaerobic treatment of municipal waste
19 06 05liquor from anaerobic treatment of animal and vegetable waste
19 06 06digestate from anaerobic treatment of animal and vegetable waste
Wastes from the preparation of water intended for human consumption or for industrial use (19 09)
19 09 02Sludges from water clarification

10.—(1) The spreading of sludge on land which is not agricultural land within the meaning of the 1990 Regulations(2) if –

(a)it results in ecological improvement or in the case of spreading on land used for non-food crops not grown in short term rotation with food crops, it results in benefit to agriculture; and

(b)it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1990 Regulations to exceed the limit specified in column 2 of the table.

(2) Subject to sub-paragraph (3), the storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) on land –

(a)of sludge which is to be used in accordance with the 1990 Regulations;

(b)of sludge intended to be spread in reliance upon the exemption conferred by sub-paragraph (1).

(3) Sub-paragraph (2) applies only if the following conditions are satisfied –

(a)the sludge is stored at the place where it is to be spread;

(b)no sludge is stored at a distance less than –

(i)10 metres from any waterway;

(ii)50 metres from any spring or well, or from any borehole not used for a public water supply; or

(iii)250 metres from any borehole used for a public water supply; and

(c)no sludge shall be stored for a period of more than six months.

(4) In this paragraph –

“the 1990 Regulations” means the Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990(3);

“used”, in relation to sludge, has the meaning given by regulation 2(1) of the 1990 Regulations; and

“agriculture” has the same meaning as in the 1990 Regulations.

(5) In this paragraph, and in paragraph 11, “sludge” has the meaning given by regulation 2(1) of the 1990 Regulations and “spreading” shall include the injection of sludge into the surface of the land.

11.—(1) Subject to the following provisions of this paragraph and any limitation set down in Column 3 of Table 4, the spreading of any of the wastes –

(a)identified by EWC Code in Column 1 of Part I of Table 4 and referred to in Column 2 of that Table on any land; or

(b)identified by EWC Code in Column 1 of Part II of Table 4 and referred to in Column 2 of that Table on any land where that activity results in benefit to agriculture or ecological improvement.

(2) The secure storage, for a period not exceeding six months at the place where it is to be spread, of waste intended to be spread in reliance upon sub-paragraph (1)(a) or (b).

(3) Sub-paragraphs (1) and (2) apply only where –

(a)the spreading is carried out for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man made development and the use to which that land could be put would be improved by the spreading;

(b)the spreading is carried out in accordance with any planning permission where such a permission is required;

(c)the waste is spread to a depth not exceeding the lesser of 2 metres or the final cross sections shown on any plan required to be submitted in accordance with regulation 19 and Part II to this Schedule; and

(d)the waste spread does not exceed 20,000 cubic metres per hectare.

Table 4

EWC CodeTypes of wasteLimitation
PART I
Wastes from physical and chemical processing of non-metalliferous minerals (01 04)
01 04 08waste gravel and crushed rocks other than those mentioned in 01 04 07
01 04 09waste sand and clays
wastes from sugar processing (02 04)
02 04 01soil from cleaning and washing beet
Wastes from power stations and other combustion plants (except 19) (10 01)
10 01 01bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04)Bottom ash and slag only
Wastes from manufacture of ceramic goods, bricks, tiles and construction products (10 12)
10 12 08waste ceramics, bricks, tiles and construction products (after thermal processing)
Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13)
10 13 14waste concrete and concrete sludge
Construction and demolition wastes (including excavated soil from contaminated sites) comprising concrete, bricks, tiles and ceramics (17 01)
17 01 01Concrete
17 01 02Bricks
17 01 03tiles and ceramics
17 01 07mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 08Track ballast other than that mentioned in 17 05 07
Wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, palletising) not otherwise specified (19 12)
19 12 09minerals (for example sand, stones)
Wastes from soil and groundwater remediation (19 13)
19 13 02Solid wastes from soil remediation other than those mentioned in 19 13 01
Garden and park wastes (including cemetery waste) (20 02)
20 02 02soil and stones
PART II
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 05de-inking sludges from paper recycling
03 03 07Mechanically separated rejects from pulping of waste paper and cardboard
03 03 09lime mud waste
03 03 99Wastes not otherwise specifiedDe-inked paper pulp only
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04soil and stones other than those mentioned in 17 05 03
17 05 06Dredging spoil other than that mentioned in 17 05 05
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03Off-specification compostbiodegradable waste only
Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 05sludges from treatment of urban waste water
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 02sludges from water clarification
Wastes from soil and groundwater remediation (19 13)
19 13 04Sludges from soil remediation other than those mentioned in 19 13 03

12.  Carrying on at any place, in respect of a kind of waste listed in Table 5, any of the activities specified in that Table in relation to that kind of waste where –

(a)the activity is carried on with a view to the recovery or reuse of the waste (whether or not by the person carrying on the activity listed in that Table); and

(b)the total quantity of any particular kind of waste dealt with at that place does not in any period of seven days exceed the limit specified in relation to that kind of waste in that Table.

Table 5

Kind of wasteActivitiesLimit (tonnes per week)
Waste paper or cardboardBaling, sorting or shredding3,000
Waste textilesBaling, sorting or shredding100
Waste plasticBaling, sorting, shredding, densifying or washing100
Waste glassSorting, crushing or washing1,000
Waste steel cans, aluminium cans or aluminium foilSorting, crushing, pulverising, shredding, compacting or baling100
Waste food or drink cartonsSorting, crushing, pulverising, shredding, compacting or baling100

13.—(1) Subject to the following provisions of this paragraph and any limitation set down in Column 3 of Table 6 –

(a)the composting of biodegradable waste identified by EWC Code in Column 1 of Table 6 and referred to in Column 2 of that Table;

(b)the chipping, shredding, cutting or pulverising such waste for the purpose of composting at the place where the composting activity is or is to be carried out;

(c)screening waste which has been composted; and

(d)the secure storage of compost and biodegradable waste referred to in sub-paragraph (1)(a) at the place where the composting activity is or is to be carried out.

(2) The total quantity of waste treated or stored under sub-paragraph (1) at any one time shall not exceed 200 tonnes.

(3) The secure storage of biodegradable waste which is to be composted in reliance upon sub-paragraph (1) at a place other than the place where such composting is or is to be carried on where –

(a)the waste is stored for a period not exceeding 48 hours and is to be taken directly from the storage site to that place;

(b)such storage is part of a scheme for the collection of waste from groups of premises; and

(c)the total quantity of waste so stored does not exceed 10 tonnes.

(4) For the purposes of this paragraph, “composting” means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic or anaerobic and results in a stable sanitised material that can be applied to land for the benefit of agriculture or ecological improvement.

Table 6

EWC CodeTypes of wasteLimitation
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03Plant-tissue waste
02 01 06Animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site
02 01 07Waste from forestry
02 01 99Waste not otherwise specifiedAnimal faeces, urine spoiled straw or manure not referred to in 02 01 06
02 01 99Waste not otherwise specifiedSludge from washing buildings or yards used for keeping livestock
02 01 99Waste not otherwise specifiedStraw, wood or paper-based bedding waste
02 01 99Waste not otherwise specifiedslurry or dirty water from stables or livestock markets
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation (02 03)
02 03 01Sludges from washing, cleaning, peeling, centrifuging and separation
02 03 05Sludges from on-site effluent treatment
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01Waste bark and cork
03 01 05Shaving, cuttings, spoiled timber, particle board and veneer other than those mentioned in 03 01 04
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01Waste bark and wood
Wastes from the textile industry (04 02)
04 02 10Organic matter from natural products (for example grease, wax)
Packaging (including separately collected municipal packaging waste) (15 01)
15 01 01Paper and cardboard packaging
15 01 03Wooden packaging
15 01 09Textile packaging
Wood, glass and plastic (17 02)
17 02 01Wood
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04Soil and stones other than those mentioned in 17 05 03
17 05 06Dredging spoil other than that mentioned in 17 05 05
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03Off-specification compostTo consist only of biodegradable waste
Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 12Sludges from biological treatment of industrial waste water other than those mentioned in 19 08 11
19 08 05Sludges from other treatment of urban waste water
19 08 14Sludges from other treatment of industrial waste water other than those mentioned in 19 08 13
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 01Solid waste from primary filtration and screenings
19 09 02Sludges from water clarification
Wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, palletising) not otherwise specified (19 12)
19 12 01Paper and cardboard
separately collected fractions of municipal waste( except 15 01 – packaging including separately collected municipal packaging waste) (20 01)
20 01 01Paper and cardboard
20 01 08Biodegradable kitchen and canteen waste
20 01 10ClothesBiodegradable materials only
20 01 11TextilesBiodegradable materials only
20 01 38Wood other than that mentioned in 20 01 37
Garden and park wastes (including cemetery waste) (20 02)
20 02 01Biodegradable waste
other municipal wastes (20 03)
20 03 02Waste from markets
20 03 03Street-cleaning residues
20 03 99Municipal wastes not otherwise specifiedslurry or dirty water from stables, zoos or animal parks

14.—(1) The manufacture from –

(a)waste which arises from demolition or construction work or tunnelling or other excavations; or

(b)waste which consists of ash, slag, clinker, rock, wood, bark, paper, straw, gypsum,

of timber products, straw board, plasterboard, bricks, blocks, roadstone or aggregate.

(2) The manufacture of soil or soil substitutes from any of the wastes listed in sub-paragraph (1) if –

(a)the manufacture is carried out at the place where either the waste is produced or the manufactured product is to be applied to land; and

(b)the total amount manufactured at that place on any day does not exceed 500 tonnes.

(3) The treatment of waste soil or rock which, when treated, is to be spread on land under paragraph 9 or 11, if –

(a)it is carried out at the place where the waste is produced or the treated product is to be spread; and

(b)the total amount treated at that place in any day does not exceed 100 tonnes.

(4) The storage of waste which is to be submitted to any of the activities mentioned in sub-paragraphs (1) to (3) if –

(a)the waste is stored at the place where the activity is to be carried on; and

(b)the total quantity of waste stored at that place does not exceed 20,000 tonnes.

15.—(1) The manufacture of finished goods from any of the following kinds of waste, namely, waste metal, plastic, glass, ceramics, rubber, textiles, wood, paper or cardboard.

(2) The storage of any such waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) if

(a)the waste is stored at the place of manufacture; and

(b)the total amount of any particular kind of waste stored at that place at any time does not exceed 15,000 tonnes.

16.—(1) The beneficial use of waste if –

(a)it is put to that use without further treatment; and

(b)that use of the waste does not involve its disposal.

(2) The storage of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) at the site where the waste is to be used insofar as that storage does not amount to disposal of the waste.

(3) This paragraph does not apply to the use or storage of waste if that activity is covered by an exemption conferred by paragraph 9, 10, 11, 19 or 25, or would be so covered but for any condition or limitation to which that exemption is subject by virtue of any provision contained in the paragraph by which that exemption is conferred.

17.—(1) The storage in a secure place on any premises of waste of a kind described in Table 7 if –

(a)the total quantity of that kind of waste stored on those premises at any time does not exceed the quantity specified in that Table;

(b)the waste is to be reused, or used for the purposes of –

(i)an activity described in paragraph 12; or

(ii)any other recovery operation;

(c)each kind of waste listed in the Table stored on the premises is kept separately; and

(d)no waste is stored on the premises for longer than twelve months.

Table 7

Kind of wasteMaximum total quantity
Waste paper or cardboard15,000 tonnes
Waste textiles1,000 tonnes
Waste plastics500 tonnes
Waste glass5,000 tonnes
Waste steel cans, aluminium cans or aluminium foil500 tonnes
Waste food or drink cartons500 tonnes
Waste articles which are to be used for construction work which are capable of being so used in their existing state100 tonnes
Solvents5 cubic metres
Refrigerants and halons18 tonnes
Tyres250 tyres
Waste mammalian protein100 tonnes
Waste mammalian tallow100 tonnes

(2) In this paragraph, “refrigerants” means dichlorodifluoromethane, chlorotrifluoromethane, dichlorotetrafluoroethane, chloropentafluoroethane, bromotrifluoromethane, chlorodifluoromethane, chlorotetrafluoroethane, trifluoromethane, difluoromethane, pentafluoroethane, tetrafluoroethane, chlorodifluoroethane, difluoroethane, trichlorofluoromethane, trichlorotrifluoroethane, dichlorotrifluoroethane, dichlorofluoroethane and mixtures containing any of those substances.

(3) In this paragraph “mammalian protein” means proteinaceous material and “mammalian tallow” means fat, which in each case is derived from the whole or part of any dead mammal by a process of crushing, cooking or grinding.

18.—(1) The storage on any premises in a secure container or containers of waste of a kind described in sub-paragraph (2) if –

(a)the storage capacity of the container or containers does not exceed 400 cubic metres in total;

(b)in the case of waste oil, the storage capacity of any container or containers used for its storage does not exceed 3 cubic metres in total, and provision is made to prevent oil escaping into the ground or a drain;

(c)there are no more than 20 containers on those premises;

(d)the waste will be reused, or used for the purposes of –

(i)any activity described in paragraph 12 carried on at those premises; or

(ii)any other recovery activity;

(e)each kind of waste described in sub-paragraph (2) stored on the premises is kept separately;

(f)no waste is stored on the premises for longer than twelve months; and

(g)the person storing the waste is the owner of the container or has the consent of the owner.

(2) Sub-paragraph (1) applies to the following kinds of waste –

(a)any waste described in paragraph 17 other than waste solvents, refrigerants or halons; and

(b)waste oil.

19.—(1) Subject to the following provisions of this paragraph and any limitations set down in Table 8, the use of any of the wastes identified by EWC Code in Column 1 of Table 8 and referred to in Column 2 of that Table for the purposes of relevant work if –

(a)the waste is suitable for use for those purposes;

(b)the waste is so used in accordance with any planning permission where such a permission is required; and

(c)the waste used does not exceed the dimensions of the final cross sections shown on any plan required to be submitted under regulation 19.

(2) Subject to the following provisions of this paragraph and any limitations set down in Table 8, the storage on a site where relevant work is taking place or is to take place, of any of the wastes listed in Table 8, if –

(a)the waste in question is identified by EWC Code in Column 1 of Table 8 and referred to in Column 2 of that Table and is suitable for use for the purposes of relevant work which will be carried on at the site; and

(b)in the case of waste which is not produced on the site, it is not stored there for longer than three months.

(3) The storage of waste consisting of road planings and roadbase which are to be used for the purposes of relevant work carried on elsewhere if –

(a)no more than 20,000 tonnes of such waste are stored at the site; and

(b)the waste is stored there for no longer than 3 months.

(4) In this paragraph, “relevant work” means work for the purposes of the construction, maintenance or improvement of –

(a)a building, road, railway, airport, dock or other transport facility;

(b)recreational facilities;

(c)drainage; or

(d)a waterway;

but does not include any work involving land reclamation.

Table 8

EWC CodeTypes of wasteLimitation
Wastes from physical and chemical processing of non-metalliferous minerals (01 04)
01 04 08waste gravel and crushed rocks other than those mentioned in 01 04 07
01 04 09waste sand and clays
wastes from sugar processing (02 04)
02 04 01soil from cleaning and washing beet
wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use) (10 01)
10 01 01bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04)Not oil fly ash
wastes from the iron and steel industry (10 02)
10 02 02unprocessed slag
wastes from casting of ferrous pieces (10 09)
10 09 03furnace slag
wastes from casting of non-ferrous pieces (10 10)
10 10 03furnace slag
Wastes from manufacture of ceramic goods, bricks, tiles and construction products (10 12)
10 12 08Waste ceramics, bricks, tiles and construction products (after thermal processing)
Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13)
10 13 14waste concrete and concrete sludge
Construction and demolition wastes (including excavated soil from contaminated sites) comprising concrete, bricks, tiles and ceramics (17 01)
17 01 01Concrete
17 01 02Bricks
17 01 03tiles and ceramics
17 01 07Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06
Bituminous mixtures, coal tar and tarred products (17 03)
17 03 02Bituminous mixtures other than those mentioned in 17 03 01Road base and road planings only
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04soil and stones
17 05 08Track ballast other than that mentioned in 17 05 07
wastes from incineration or pyrolysis of waste (19 01)
19 01 12bottom ash and slag other than those mentioned in 19 01 11
Wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, palletising) not otherwise specified (19 12)
19 12 09Minerals (for example sand, stones)
Waste from soil and groundwater remediation (19 13)
19 13 02solid wastes from soil remediation other than those mentioned in 19 13 01
garden and park wastes (including cemetery waste) (20 02)
20 02 02soil and stones

20.—(1) Laundering or otherwise cleaning waste textiles with a view to their recovery or reuse.

(2) The storage of waste textiles at the place where they are to be so laundered or cleaned.

21.—(1) Chipping, shredding, cutting or pulverising waste plant matter (including wood or bark), or sorting and baling sawdust or wood shavings, on any premises if –

(a)those activities are carried on for the purposes of recovery or reuse; and

(b)no more than 1,000 tonnes of such waste are dealt with on those premises in any period of seven days.

(2) The storage of waste in connection with any activity mentioned in sub-paragraph (1) at the premises where it is carried on if the total amount of waste stored at those premises does not at any time exceed 1,000 tonnes.

22.—(1) The recovery, at any premises, of silver from waste produced in connection with printing or photographic processing if no more than 50,000 litres of such waste are dealt with on those premises in any day.

(2) The storage, at those premises, of waste which is to be submitted to such a recovery operation as is mentioned in sub-paragraph (1).

23.—(1) Subject to sub-paragraph (2), the keeping or treatment of animal by-products in accordance with the Community Regulation.

(2) Sub-paragraph (1) shall not apply to the keeping or treatment of animal by-products –

(a)for the purposes of their deposit in or on land by spreading;

(b)for the purposes of incineration or co-incineration;

(c)which are dead domestic pets;

(d)which comprise or contain either catering waste or waste which is former foodstuffs unless such waste is to be fed to animals in accordance with Article 23(2) of the Community Regulation; or

(e)which are composed of waste mammalian protein or waste mammalian tallow.

(3) For the purposes of this paragraph, the reference to feeding waste to animals shall be taken to include a reference to feeding such waste to maggots; “catering waste”, “incineration” and “co-incineration” shall have the meaning set down in Annex I to the Community Regulation; “former foodstuffs” are those animal by-products referred to in Article 6(1)(f) of the Community Regulation and “mammalian protein” and “mammalian tallow” have the same meaning as in paragraph 17(3).

24.—(1) Crushing, grinding or other size reduction of waste bricks, tiles or concrete, under an authorisation granted under the Industrial Pollution Control Order, to the extent that it is or forms part of a process within paragraph (b) of Part C of section 3.4 (other mineral processes) of Schedule 1 to the 1998 Regulations or under a permit under the 2003 Regulations, to the extent that it is or forms part of an activity within paragraph (a) of Part B of section 3.5 (other mineral activities) of Part I of Schedule 1 to the 2003 Regulations.

(2) Where any such crushing, grinding or other size reduction is carried on otherwise than at the place where the waste is produced, the exemption conferred by sub-paragraph (1) only applies if those activities are carried on with a view to recovery or reuse of the waste.

(3) The storage, at the place where the process is carried on, of any such waste which is intended to be so crushed, ground or otherwise reduced in size, if the total quantity of such waste so stored at that place at any one time does not exceed 20,000 tonnes.

25.—(1) Subject to sub-paragraphs (2) to (4), the deposit of waste arising from dredging inland waters, or from clearing plant matter from inland waters, if either –

(a)the waste is deposited along the bank or towpath of the waters where the dredging or clearing takes place; or

(b)the waste is deposited along the bank or towpath of any inland waters so as to result in benefit to agriculture or ecological improvement.

(2) The total amount of waste deposited along the bank or towpath under sub-paragraph (1) on any day must not exceed 50 tonnes for each metre of the bank or towpath along which it is deposited.

(3) Sub-paragraph (1) does not apply to waste deposited in a container or lagoon.

(4) Sub-paragraph (1)(a) only applies to an establishment or undertaking where the waste deposited is the establishment or undertaking’s own waste.

(5) The treatment by screening or dewatering of such waste as is mentioned in sub-paragraph (1) –

(a)on the bank or towpath of the waters where either the dredging or clearing takes place or the waste is to be deposited, prior to its being deposited in reliance upon the exemption conferred by the foregoing provisions of this paragraph;

(b)on the bank or towpath of the waters where the dredging or clearing takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 9(1) or (2); or

(c)in the case of waste from dredging, on the bank or towpath of the waters where the dredging takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 11(1).

26.—(1) The recovery or disposal of waste, at the place where it is produced, as an integral part of the process that produces it.

(2) The storage, at the place where it is produced, of waste which is intended to be so recovered or disposed of.

(3) Sub-paragraph (1) does not apply to the final disposal of waste by deposit in or on land.

27.—(1) Baling, compacting, crushing, shredding or pulverising waste at the place where it is produced.

(2) The temporary storage, at the place where it is produced, of waste which is to be submitted to any of those operations.

28.  The storage of returned goods that are waste, pending recovery or disposal, for a period not exceeding one month, by their manufacturer, distributor or retailer.

29.—(1) The disposal of waste at the place where it is produced, by the person producing it, by burning it in an incinerator which is an exempt incinerator for the purposes of section 5.1 (incineration) of Schedule 1 to the 1998 Regulations or an exempt incineration plant for the purposes of section 5.1 of Part I of Schedule 1 to the 2003 Regulations.

(2) The secure storage at that place of any such waste intended to be submitted to such burning.

30.—(1) Subject to sub-paragraph (2), burning waste on land in the open if –

(a)the waste consists of wood, bark or other plant matter not being waste falling within paragraph 46;

(b)it is produced on land which is operational land of a railway, light railway, tramway, or any Government Department, or which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, bank of inland waterway, churchyard or cemetery, or it is produced on other land as a result of demolition work;

(c)it is burned on the land where it is produced; and

(d)the total quantity burned in any period of 24 hours does not exceed 10 tonnes.

(2) Sub-paragraph (1) only applies to the burning of waste by an establishment or undertaking where the waste burned is the establishment or undertaking’s own waste.

(3) The storage pending its burning, on the land where it is to be burned, of waste which is to be burned in reliance upon the exemption conferred by sub-paragraph (1).

31.  The discharge of waste onto the track of a railway from a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on the railway if the discharge in question does not exceed 25 litres.

32.  The burial on premises of waste arising from the use on those premises of a sanitary convenience which is equipped with a removable receptacle if the total amount buried in any period of twelve months does not exceed 5 cubic metres.

33.—(1) The keeping or deposit of waste consisting of excavated materials arising from peatworking at the place where that activity takes place.

(2) Sub-paragraph (1) only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking’s own waste.

34.—(1) The keeping or deposit on land at the place where it is produced of spent ballast if the land is operational land of a railway, light railway or tramway and the total amount kept or deposited at that place does not exceed 10 tonnes for each metre of track from which the ballast derives.

(2) Sub-paragraph (1) only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking’s own waste.

35.—(1) The deposit of waste consisting of excavated material from a borehole or other excavation made for the purpose of mineral exploration if –

(a)it is deposited in or on land at the place where it is excavated; and

(b)the total quantity of waste so deposited over any period of 24 months does not exceed 45,000 cubic metres per hectare.

(2) Sub-paragraph (1) only applies if –

(a)the drilling of the borehole or the making of any other excavation is development for which planning permission is granted by Article 3 of, and Schedule 1 Part 16 to, the Planning (General Development) Order (Northern Ireland) 1993(4); and

(b)the conditions subject to which the development is permitted are observed.

(3) Expressions used in this paragraph which are also used in the Planning (General Development) Order (Northern Ireland) 1993 shall have the same meaning as in that Order.

36.—(1) The temporary storage of waste consisting of garbage, at waste reception facilities subject to and in accordance with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003(5), where such storage is incidental to the collection or transport of the waste and so long as –

(a)the amount of garbage so stored at such waste reception facilities at any time does not exceed 20 cubic metres for each ship from which garbage has been landed; and

(b)no garbage is so stored for more than seven days.

(2) The temporary storage of waste consisting of tank washings, at waste reception facilities subject to and in accordance with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003, where such storage is incidental to the collection or transport of the waste and so long as –

(a)the amount of tank washings consisting of dirty ballast so stored at such waste reception facilities at any time does not exceed 30% of the total deadweight of the ships from which such washings have been landed;

(b)the amount of tank washings consisting of waste mixtures containing oil so stored at such waste reception facilities at any time does not exceed 1% of the total deadweight of the ships from which such washings have been landed.

(3) In this paragraph –

“garbage” and “tank washings” have the same meaning as in paragraph 20(2) of Schedule 3 to the Controlled Waste Regulations (Northern Ireland) 2002(6);

“ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform.

37.—(1) Subject to sub-paragraph (2), the burial of a dead domestic pet in the garden of domestic property where the pet lived.

(2) Sub-paragraph (1) does not apply if –

(a)the dead domestic pet may prove hazardous to anyone who may come into contact with it; or

(b)the burial is carried out by an establishment or undertaking.

38.  The deposit or storage of samples of waste which are being or are to be subjected to testing and analysis if the samples are taken –

(a)in the exercise of any power under the Radioactive Substances Act 1993(7), the 1978 Order, the 1997 Order, the Water Order, the Industrial Pollution Control Order or the Environment (Northern Ireland) Order 2002(8);

(b)by or on behalf of the holder of a waste management licence, a disposal licence or a resolution in pursuance of the conditions of that licence or resolution;

(c)by or on behalf of a person carrying on in relation to the waste, an activity described in Part I of this Schedule or in regulation 16(1);

(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 –

(i)Article 5 of the 1997 Order applies in connection with his duties under that Article; or

(ii)the Special Waste Regulations (Northern Ireland) 1998(9) applies; or

(f)for the purposes of research.

39.—(1) The secure storage at a pharmacy, pending their disposal there or elsewhere, of waste medicines which have been returned to the pharmacy from households or by individuals if –

(a)the total quantity of such returned waste medicines at the pharmacy does not exceed 5 cubic metres at any time; and

(b)any waste medicine so returned to the pharmacy is not stored there for longer than six months.

(2) The secure storage at the premises of a medical, nursing or veterinary practice of waste produced in carrying on that practice if –

(a)the total quantity of that waste at the premises does not at any time exceed 5 cubic metres; and

(b)no such waste is stored at those premises for longer than three months.

40.—(1) The storage, pending its collection or transport, of non-liquid waste at any site other than the premises where it is produced if –

(a)it is stored in a secure container or containers, does not at any time exceed 50 cubic metres in total and is not kept for a period longer than 3 months;

(b)the person storing the waste is the owner of the container or has the consent of the owner; and

(c)the container in which it is stored is not on a site which is otherwise being used for the reception of waste with a view to its being disposed of or recovered elsewhere.

(2) Sub-paragraph (1) does not apply to the storage of waste at a place used for the recovery of scrap metal or the dismantling of waste motor vehicles.

(3) The temporary storage, pending their collection or transport, of scrap rails on operational land of a railway, light railway or tramway if the total quantity of that waste in any one place does not at any time exceed 10 tonnes.

41.—(1) The temporary storage, pending its collection, of waste on the site where it is produced.

(2) Sub-paragraph (1) does not apply to the storage of waste at a place used for the recovery of scrap metal or the dismantling of waste motor vehicles.

(3) Sub-paragraph (1) shall apply to special waste if –

(a)it is stored on the site for no more than twelve months;

(b)in the case of liquid waste, it is stored in a secure container and the total volume of that waste does not at any time exceed 23,000 litres; and

(c)in any other case –

(i)it is stored in a secure container and the total volume of that waste does not at any time exceed 80 cubic metres; or

(ii)it is stored in a secure place and the total volume of that waste does not at any time exceed 50 cubic metres.

42.—(1) The treatment, keeping or disposal by any person at any premises of waste consisting of scrap metal or waste motor vehicles which are to be dismantled if –

(a)he was carrying on the activity in question at those premises before 19th December 2003; and

(b)he has applied, before that date, for a disposal licence under Part II of the 1978 Order authorising that activity and that application is pending on that date.

(2) The exemption conferred by sub-paragraph (1), in relation to the carrying on of an activity at any premises, shall cease to have effect in relation to the carrying on of that activity at those premises on the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, on the date on which –

(a)the period for appealing expires without an appeal being made; or

(b)any appeal is withdrawn or finally determined.

43.—(1) The treatment, keeping or disposal by any person at any premises of waste if –

(a)he was carrying on the activity in question at those premises before 19th December 2003; and

(b)before that date no disposal licence was required under Part II of the 1978 Order for that activity.

(2) Subject to sub-paragraph (3), the exemption conferred by sub-paragraph (1), in relation to an activity carried on by a person at any premises, shall after 19th December 2004 cease to have effect in relation to the carrying on of that activity at those premises unless on or before that date he applies for a waste management licence in relation to the activity in question.

(3) Where a person makes such an application as is mentioned in sub-paragraph (2), the exemption conferred by sub-paragraph (1) shall continue to have effect in relation to the activity in question until the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, until the date on which –

(a)the period for appealing expires without an appeal being made; or

(b)any appeal is withdrawn or finally determined.

44.—(1) Heating iron, steel or any ferrous-alloy, non-ferrous metal or non-ferrous metal alloy, in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts, for the purpose of removing grease, oil or any other non-metallic contaminant.

(2) Sub-paragraph (1) does not apply to the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

(3) In the case of a process involving the heating of iron, steel or any ferrous-alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (h), or (j) to (l), of Part A or paragraphs (a), (b), (e) or (f) of Part B or paragraphs (a), (b) or (c) of Part C of section 2.1 of Schedule 1 to the 1998 Regulations or an activity described in section 2.1 (other than in paragraph (d) of Part C) of Part I of Schedule 1 to the 2003 Regulations.

(4) In the case of a process involving the heating of any non-ferrous metal or non-ferrous metal alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (g), or (j) or (k), of Part A of section 2.2 of Schedule 1 to the 1998 Regulations or an activity described in Part A of section 2.2 of Part I of Schedule 1 to the 2003 Regulations.

(5) The secure storage at the premises where the heating is to take place of waste intended to be submitted to heating to which sub-paragraph (1) applies if the waste or, as the case may be, any container in which the waste is stored, is stored on an impermeable pavement.

(6) In this paragraph, “net rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

(7) In this paragraph, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in section 2.2 of Schedule 1 to the 1998 Regulations, or as the case may be, section 2.2 of Schedule 1 to the 2003 Regulation and “non-ferrous metal alloy” shall be construed accordingly.

45.—(1) Subject to sub-paragraph (3), the carrying on, at any secure place used for the recovery of scrap metal or the dismantling of depolluted end of life vehicles, in respect of a kind of waste described in Table 9, of any of the activities specified in that Table in relation to that kind of waste if –

(a)the activity does not include the storage or treatment of end of life vehicles prior to the depollution of such vehicles in accordance with the End of Life Vehicles Directive;

(b)the total quantity of any particular kind of waste so dealt with at that place does not in any period of seven days exceed the limit specified in relation to that kind of waste in that Table;

(c)the activity is carried on with a view to the recovery of the waste (whether or not by the person carrying on the activity listed in that Table);

(d)every part of that place upon which the activity is carried out is surfaced with an impermeable pavement; and

(e)the plant or equipment used in carrying on the activity is maintained in reasonable working order.

Table 9

Kind of wasteActivities7 day limit
Ferrous metals or ferrous alloys in metallic non-dispersible form (but not turnings, shavings or chippings of those metals or alloys)Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment8,000 tonnes
The following non-ferrous metals, namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non-dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys)Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment400 tonnes
Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categoriesSorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment300 tonnes
Depolluted end of life vehicles and their componentsDismantling and selling depolluted components7 day limit not applicable – see Table 10 for maximum storage value

(2) Subject to sub-paragraph (3), the storage, at any secure place used for the recovery of scrap metal or the dismantling of depolluted end of life vehicles, of waste of a kind listed in Table 10 if –

(a)the activity does not include storage or treatment of end of life vehicles prior to the depollution of such vehicles in accordance with the End of Life Vehicles Directive;

(b)the waste is to be submitted to any of the activities specified in Table 9 in relation to that kind of waste, or to a recycling or reclamation operation authorised by a waste management licence or an authorisation under the Industrial Pollution Control Order or a permit under the 2003 Regulations;

(c)the total quantity of waste of that kind stored at that place does not exceed the maximum total quantity specified in Table 10 in relation to that kind of waste;

(d)no waste is stored at that place for a period exceeding 12 months;

(e)each kind of waste is either stored separately or is kept in separate containers, but in a case where a consignment consisting of more than one kind of waste is delivered to that place it may be stored unseparated at that place pending sorting for a period not exceeding 2 months;

(f)in the case of waste which is liquid, it is stored in a secure container;

(g)in the case of depolluted end of life vehicles, they are, unless stored on a hardstanding, stored on an impermeable pavement;

(h)subject to paragraph (f), the waste or, as the case may be, any container in which it is stored, is stored on an impermeable pavement; and

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

Table 10

Kind of wasteMaximum total quantity
Ferrous metals or ferrous alloys in metallic non-dispersible form (but not turnings, shavings or chippings of those metals or alloys)50,000 tonnes
The following non-ferrous metals, namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non-dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys)1,500 tonnes
Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories1,000 tonnes
Depolluted end of life vehicles40 vehicles

(3) Sub-paragraph (1) or (2) only applies to the carrying on of an activity at a place if the person responsible for the management of that place –

(a)has established administrative arrangements to ensure that –

(i)waste accepted at that place is of a kind listed in Table 9 or, as the case may be, Table 10; and

(ii)no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the terms and conditions of the exemption; and

(b)carries out a monthly audit to confirm compliance with the terms and conditions of the exemption;

(4) The temporary storage of waste (in this sub-paragraph referred to as “the non-scrap waste”), pending its collection, at a secure place used for the recovery of scrap metal or the dismantling of waste motor vehicles if –

(a)the non-scrap waste is not of a kind described in Table 10;

(b)the non-scrap waste was delivered to that place as part of a consignment of waste of which –

(i)at least 70 per cent by weight was waste consisting of waste motor vehicles; or

(ii)at least 95 per cent by weight was waste of any kind described in Table 10 other than waste motor vehicles, and is capable of being separated from that waste by sorting or hand dismantling;

(c)the non-scrap waste is stored at that place for no more than 3 months;

(d)in a case where the non-scrap waste is liquid, it is stored in a secure container; and

(e)the non-scrap waste or, as the case may be, the container in which the non-scrap waste is stored, is stored on an impermeable pavement.

(5) In Table 9, “shearing” means the cold cutting of metal by purpose-made shears.

46.—(1) Subject to the following provisions of this paragraph and any limitation set down in Column 3 of Table 11 –

(a)the recovery within the curtilage of a water treatment works of waste from water treatment if the total quantity of waste which is accepted in any period of twelve months does not exceed 10,000 cubic metres;

(b)the secure storage within the curtilage of a water treatment works of waste intended to be submitted to the activities mentioned in sub-paragraph (a);

(c)the recovery of waste within the curtilage of a sewage treatment works where the total quantity of waste accepted at a sewage treatment works in any period of 12 months does not exceed 100,000 cubic metres; and

(d)the secure storage within the curtilage of a sewage treatment works of waste intended to be submitted to the activities mentioned in sub-paragraph (c).

(2) Sub-paragraphs (1)(a) and (b) apply to only those wastes identified by EWC Code in Column 1 of Part 1 of Table 11 and referred to in Column 2 of that Table and sub-paragraphs (1)(c) and (d) apply to any of those wastes listed by EWC Code in Column 1 of Table 11 and referred to in Column 2 of that Table.

(3) The recovery and storage operation takes place on an impermeable pavement.

Table 11

EWC CodeTypes of wasteLimitation
PART I
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 01solid waste from primary filtration and screeningsScreenings only
19 09 02sludges from water clarification
19 09 03sludges from decarbonation
19 09 06solutions and sludges from regeneration of ion exchangers
PART II
Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 05sludges from treatment of urban waste water
Other municipal wastes (20 03)
20 03 04Septic tank sludge
20 03 99Municipal waste not otherwise specifiedcesspool waste and other sewage sludge not described elsewhere in this table only.

47.—(1) Subject to sub-paragraphs (2) to (4), the burning at a dock of waste consisting of –

(a)plant tissue waste, in pursuance of a notice given under Article 22 of the Plant Health Order (Northern Ireland) 1993(10);

(b)wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets, in pursuance of a notice given under Article 20 of the Plant Health (Wood and Bark) Order (Northern Ireland) 1993(11).

(2) The storage at the dock where it was unloaded of waste intended to be burned under sub-paragraph (1).

(3) The total quantity of waste stored, or burned in any period of 24 hours, shall not exceed 15 tonnes.

(4) The waste shall be burnt on a hardstanding within a secure location at the dock where it was unloaded.

48.  For the purposes of this Schedule –

a container, lagoon or place is “secure” in relation to waste kept in it if all reasonable precautions are taken to ensure that the waste cannot escape from it and members of the public are unable to gain access to the waste, and any reference to secure storage means storage in a secure container, lagoon or place;

“inland waters” means the whole or any part of –

(a)

any river, stream or other watercourse (within the meaning of the Water Order), whether natural or artificial and whether tidal or not;

(b)

any lake or pond, whether natural or artificial, or any reservoir or dock, in so far as the lake, pond, reservoir or dock does not fall within paragraph (a) of this definition; and

(c)

so much of any channel, creek, bay, estuary or arm of the sea as does not fall within paragraph (a) or (b) of this definition.

PART IIINFORMATION REQUIRED FOR THE REGISTRATION OF AN EXEMPTION

Paragraph number of exempt activity in Part IPlans and documents required
8

In relation to the requirement of regulation 18 that the notification to the Department contains information on the place where the activity is carried on (including any requirement relating to the submission to the Department of a plan for such a place and a grid reference for that place), the following shall be submitted –

(a)

the location, name and address and six figure Ordnance Survey Irish grid reference of the place where any waste is to be stored under paragraph 8(2) of Part I;

(b)

the quantity of waste to be stored at any one time;

(c)

the storage arrangements for the waste, including details of the construction and capacity of all tanks and their bunds; and

information on the use to which the waste is to be put, including the type of vehicle, locomotive or vessel in which the engine referred to in paragraph 8(1) of Part I is located.

9

(1) The notice shall include the following particulars –

(a)a description of the waste to be used, its physical form and the process from which it arose;

(b)a description of where and how the waste will be stored pending its use;

(c)a description of the land which is to be treated with the waste, including the farm survey number, client reference number and field number (if there is one) and area, the area available for treatment, the soil, crops grown or to be grown in the soil and all wastes used to treat the land in the previous six months;

(d)the method and intended date of treatment, the quantities of waste to be used and the rate of application;

(e)details of the benefit to agriculture or ecological improvement to be expected from the treatment, including any analysis of the waste or the soil, and management plans;

(f)the location of any waterway within 15 metres of the land on which the waste is to be spread.

(2) The notice shall be accompanied by the following documents –

(a)an analysis of the wastes to be used and the soil which is to be treated with them;

(b)an assessment of the risk of pollution caused by the use;

(c)a certificate describing how the treatment will result in benefit to agriculture or ecological improvement,

which shall be prepared by or be based upon advice from a person with appropriate technical or professional expertise.

(3) Wastes shall be analysed in relation to the following parameters –

(a)percentage dry solids content;

(b)pH;

(c)conductivity (mS);

(d)total content of major nutrients and readily plant available ammonium-nitrogen with the results to be expressed on a fresh weight basis;

(e)biochemical oxygen demand; and

(f)in relation to the types of waste that are listed in the first column of Table 12 in Part III of this Schedule, the parameters ticked in the remaining columns of the Table.

10

The notice shall include the following particulars –

(a)

the names, addresses and telephone numbers, and, if applicable, the fax numbers and e-mail addresses of the establishment or undertaking that is to store or spread the sludge and of the establishment or undertaking supplying the sludge;

(b)

the quantity of sludge to be stored or spread and its origin;

(c)

information on how the sludge has been treated and where it has been treated;

(d)

the location in which the sludge is to be stored or spread, including a description of any container or lagoon to be used;

(e)

the locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 400 metres of the boundaries of that place;

(f)

where sludge is to be spread, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person with appropriate technical or professional expertise.

11

(1) The notice shall include the following particulars –

(a)where less than 2,500 cubic metres of waste are to be spread in any one year, a description of the spreading, the type and quantity of waste to be spread and the location of the spreading;

(b)where 2,500 or more cubic metres of waste are to be spread –

(i)the total quantity of waste to be spread;

(ii)the type of waste to be spread, identified by reference to the descriptions in the second column of Table 4;

(iii)the name, address and telephone number of all the relevant landowners and the location of their land where the waste is to be spread or stored;

(iv)a plan of the spreading with cross-sections showing the proposed final levels of the land affected by the spreading;

(v)the intended start and completion date of the spreading and any related storage.

(2) Where any of the wastes listed in Part II of Table 4 is to be spread, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person with appropriate technical or professional expertise.

13

Where the total amount of compost at the site exceeds or will exceed 10 tonnes at any one time, the plan accompanying the notice referred to in regulation 18 shall show –

(a)

the locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 250 metres of the boundaries of that place;

(b)

the quantities and types of waste to be composted, and the expected duration of the composting;

(c)

where containment is to be provided by composting in a vessel, in a sealed building or other similar arrangement to provide a contained and controlled composting environment, the method of containment.

19

The notice shall include the following particulars –

(a)

where less than 2,500 cubic metres of waste are to be stored or used, a description of the use, the type and quantity of waste to be stored or used and the location of the spreading;

(b)

where 2,500 or more cubic metres of waste are to be stored or used –

(i)

the total quantity of waste to be stored or used;

(ii)

the type of waste to be stored or used, identified by reference to the descriptions in Table 8;

(iii)

the names, addresses, telephone numbers, and if applicable, the fax numbers and e-mail addresses of all owners of the land where the waste is to be stored or used;

(iv)

a plan containing at least one cross-section showing the proposed final levels of the land affected by the use of the waste;

(v)

the intended start and completion date of the storage or use.

45

(a)The notice shall include the location of any such secure containers as are mentioned in paragraph 45(2)(e) of Part I of Schedule 2

(b)The records required by regulation 19(3) and paragraph 14 of Part I of Schedule 3 shall be kept in such a form as to show, for each month, the total quantity of each kind of waste recovered during that month at that place, and details of the total quantity of each kind of waste recovered at that place during the preceding 12 months.

(c)These records shall be sent annually to the Department with the notification required by regulation 17 and the fee referred to in regulation 18.

PART IIIassessment of benefit to agriculture or ecological improvement

1.  In assessing benefit to agriculture or ecological improvement for the purposes of paragraphs 9, 10 and 11 of Part I of this Schedule, regard shall be had to the following paragraphs of this Part.

2.  Benefit to agriculture shall be assessed by reference to whether the spreading will result in an improvement of the soil for the purpose of growing crops or grazing, and the following criteria shall apply for the purposes of such assessment –

(a)the addition of nitrogen, phosphorous and other plant nutrients in the waste material should take account of the soil nutrient status and other sources of nutrient supply and be matched to the needs of the planned crop rotation;

(b)the addition of total nitrogen attributable to the spreading in any 12 month period must not exceed 250 kg per hectare, except in the case of the following wastes –

(i)garden and park wastes (including cemetery wastes) consisting of soil and stones;

(ii)soil (including excavated soil from contaminated sites), stones and dredging spoil, consisting of soil and stones;

(iii)soil from cleaning and washing beet; and

(iv)dredging spoil;

(c)the addition of materials containing lime should take account of the neutralising value of the material, the pH of the soil and the target soil pH for the crop rotation;

(d)the addition of organic matter which improves the capacity of the soil to hold water, or its porosity, stability, tilth and workability and is a benefit;

(e)the spreading of watery wastes may be a benefit where the moisture of the soil is insufficient to support the growth of crops at the time of application, or where they contain nutrients which are applied at an appropriate rate;

(f)the spreading of waste soil may be a benefit where it is done in order to level uneven land and thereby facilitate the use of the land for agriculture, but not where it is done solely in order to raise the level of the land.

3.  Ecological improvement shall be assessed by reference to the extent to which wildlife habitats, which might otherwise deteriorate, are maintained or supported. The creation of a new habitat or the restoration of an old habitat shall be considered to be an improvement.

Table 12

(Part I, paragraph 9)

Parameter
Waste description and EWC Code (relating to Table 3)Neutralising valueMicro-biologyOils and fatsPotential toxic elementsPrescribed substances*Carbon/ nitrogen ratio
*

substances listed in Schedule 6 to the 1998 Regulations.

Plant tissue waste 02 01 03
Soil from cleaning and washing beet 02 04 01
Off specification compost consisting only of biodegradable waste 19 05 03
Biodegradable waste 20 02 01
Straw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets 02 01 99
Blood and gut contents from abattoirs or poultry preparation plants 02 02 03
Waste bark and cork 03 01 01
Sawdust shavings, cuttings, wood, particle board 03 01 05
Waste bark and wood 03 03 01
Soil and stones 17 05 04
Soil and stones (from gardens and parks including cemeteries) 20 02 02
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve productions; yeast and yeast extract productions; molasses preparation and fermentation 02 03 01 to 02 03 05
Wastes from sugar processing 02 04 01 to 02 04 03
Wastes from production of dairy products 02 05 01 to 02 05 02
Wastes from the baking and confectionery industry 02 06 01 to 02 06 03
Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) 02 07 01 to 02 07 05
De-inking sludges and de-inked paper pulp from paper recycling 03 03 05 and 03 03 99
Lime mud waste 03 03 09
Wastes from calcin-ation and hydration of lime 10 13 04
Sludges, in particular from on-site effluent treatment free of chromium 04 01 07
Organic matter from natural products (e.g. grease, wax) 04 02 10
Wastes from finishing other than those containing organic solvents 04 02 15
Sludges from on-site effluent treatment 04 02 20
Wastes from unprocessed textile fibres 04 02 21
Wastes from processed textile fibres 04 02 22
Dredging spoil 17 05 06
Liquor from anaerobic treatment of municipal waste 19 06 03
Digestate from anaerobic treatment of municipal waste 10 06 04
Liquor from anaerobic treatment of animal and vegetable waste 19 06 05
Digestate from anaerobic treatment of animal and vegetable waste 19 06 06
Sludges from water clarification 19 09 02
(2)

See regulation 2(1) of the 1990 Regulations

(5)

S.I. 2003/1809

(6)

S.R. 2002 No. 248; to which there is an amendment not relevant to these Regulations

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