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

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

This section has no associated Explanatory Memorandum

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

CodesWaste typesQuantity limitAdditional specific conditions
020399, 020401Soil from cleaning and washing fruit and vegetables only1,000 tonnes
170302Bituminous mixtures other than those mentioned in 1703011,000 tonnesB
170504Soil and stones other than those mentioned in 1705031,000 tonnes
170506Dredging spoil other than those mentioned in 1705051,000 tonnes
191302Solid wastes from soil remediation other than those mentioned in 1913011,000 tonnes
200202Soil and stones1,000 tonnes
020103Plant tissue waste1,000 tonnesB
030101, 030301Untreated waste bark, cork and wood only1,000 tonnesB
030105Untreated wood including sawdust, shavings and cuttings from untreated wood only1,000 tonnesB
170201Untreated wood only1,000 tonnesB
191207Untreated wood other than those mentioned in 191206 only1,000 tonnesB
200138Untreated wood other than those mentioned in 200137 only1,000 tonnesB

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

CodesWaste typesSpecified purposeQuantity limit (at any one time)
030105, 191207Untreated wood (including shavings, woodchip and sawdust) and oversized compost onlyUse in horse menages1,000 tonnes
191204Shredded or granulated rubber and end-of-life tyres onlyUse in horse menages1,000 tonnes
191201Shredded paper and cardboardUse as animal bedding100 tonnes
030305, 030310, 030311Paper fibre, de-inked paper pulp and de-inked paper sludge from paper manufacturing onlyUse as animal bedding100 tonnes
030105, 191207Untreated wood (including shavings, woodchip and sawdust) and oversized compost onlyUse as animal bedding100 tonnes
160103End-of-life tyresUse as a weight on cover sheeting on agricultural premises or use as crash barriers40 tonnes
150102Geotextile bags (flexible intermediate bulk containers) onlyUse as reinforcement in construction100 bags
020202Shellfish shells from which the soft tissue or flesh has been removed onlyUse for ornamental purposes50 tonnes
191205Crushed glass onlyUse for ornamental purposes50 tonnes
200127*, 200128, 080111*, 080112Paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins)Use as paint1,000 litres
190599Compost produced for the purposes of growing mushrooms onlyUse in growing mushrooms1,000 tonnes
170102, 170904Stones and bricks capable of being used in their existing state onlyUse in construction of buildings, fencing, barriers, containment or similar above ground construction100 tonnes
170201, 191207, 200138Non-hazardous wood including telegraph poles and railway sleepers and lock gates and associated balance beamsUse in construction of buildings, fencing, barriers, containment or similar above ground construction100 tonnes
110105*, 110107*Ferric chloride and aluminium hydroxide onlyUse in treating municipal waste water effluent50 cubic metres
110105*, 110107*Ferric chloride and aluminium hydroxide onlyUse in potable water treatment processes50 cubic metres
190902, 190903, 190906Sludges/solutions from the treatment of water onlyUse in treating municipal waste water effluent50 cubic metres
100201, 100202, 170504, 191209Blast furnace slag and stones onlyUse as filter media at waste water treatment works50,000 tonnes
170204*, 191206*, 200137*Hazardous wooden telegraph poles and railway sleepers and lock gates and associated balance beams onlyUse in construction of buildings, fencing, barriers, containment or similar above ground construction100 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—

020101Sludges from washing and cleaning fruit and vegetables on farm only50 tonnes per hectare200 tonnes12 monthsA, F
020199, 020399Untreated wash waters from cleaning fruit and vegetables on farm only100 tonnes per hectare200 tonnes12 monthsA, F
020305Effluent from the on-site treatment of wash waters from cleaning fruit and vegetables on farm only100 tonnes per hectare200 tonnes12 monthsA, 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—

Fthe 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—

080313Waste 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—

020199Fully biodegradable animal bedding

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

020199Fully 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..

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