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.
| Kind of waste | Activities | 7 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 equipment | 8,000 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 equipment | 400 tonnes |
| Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories | Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment | 300 tonnes |
| Depolluted end of life vehicles and their components | Dismantling and selling depolluted components | 7 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.
| Kind of waste | Maximum 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 categories | 1,000 tonnes |
| Depolluted end of life vehicles | 40 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.