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The Environmental Permitting (England and Wales) Regulations 2010

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Use of waste in construction (U1)
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1.—(1) The use of relevant waste in construction.

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

Table 1
CodesWaste typesQuantity limitAdditional specific conditions
010102Waste from mineral non-metalliferous excavation5,000 tonnes
010408Waste gravel and crushed rock other than those mentioned in 010407
010409Waste sand and clays
020202Shellfish shells from which the soft tissue or flesh has been removed only
101208Waste ceramics, bricks, tiles and construction products (after thermal processing)
101314Waste concrete and concrete sludge
170101Concrete
170102Bricks
170103Tiles and ceramics
170107Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106
170506Dredging spoil other than those mentioned in 170505A
170508Track ballast other than those mentioned in 170507
191205Glass
191209Minerals (for example sand, stones)
191212Aggregates only
Table 2
CodesWaste typesQuantity limitAdditional specific conditions
020399, 020401Soil from cleaning and washing fruit and vegetables only1,000 tonnes
170302Bituminous mixtures other than those mentioned in 170301B
170504Soil and stones other than those mentioned in 170503
170506Dredging spoil other than those mentioned in 170505
191302Solid wastes from soil remediation other than those mentioned in 191301
200202Soil and stones
020103Plant tissue wasteB
030101Waste bark, cork and wood onlyB
191207Untreated wood other than those mentioned in 191206 onlyB
200138200137 onlyB
Table 3
CodesWaste types>Quantity limitsAdditional specific conditions
170302Bituminous mixtures other than those mentioned in 17030150,000 tonnesC
170504Road sub base onlyC

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

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

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

(c)no waste is stored for longer than 12 months prior to use; and

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

Athe waste is used only for drainage work carried on for the purposes of the Land Drainage Act 1991(1), the 1991 Act or the 1995 Act,
Bthe waste is used only for the construction of tracks, paths, bridleways or car parks and must be processed into chipped form prior to use,
Cthe waste is used only for the construction of roads.

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