The Environmental Permitting (England and Wales) Regulations 2016

CHAPTER 3 Treatment of waste

SECTION 1 Introductory

1.—(1) The descriptions in this Chapter—

(a) are set out in the first sub-paragraph of paragraphs T1 to T32, and

(b) include associated storage.

(2) The specific conditions for each description in this Chapter are set out in the third sub-paragraph of paragraphs T1 to T32.

(3) The general condition for the descriptions in this Chapter is that the operation is for the purposes of recovering the waste, unless otherwise stated in the specific conditions.

SECTION 2 Descriptions and specific conditions

Cleaning, washing, spraying or coating relevant waste (T1)

1.—(1) The treatment of relevant waste by cleaning, washing, spraying or coating it, subject to sub-paragraph (4).

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

Codes	Waste types
150105	Composite packaging
160120, 150107, 170202, 191205, 200102	Glass
150101	Paper and cardboard packaging
020104, 070213, 150102, 160119, 170203, 200139	Plastic
150109	Textile packaging

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

(a) the total quantity of waste treated over any 7-day period does not exceed 300 tonnes,

(b) subject to paragraph (e), the total quantity of waste stored at any one time does not exceed 300 tonnes,

(c) the waste is stored and treated in a location with sealed drainage,

(d) no waste is stored for longer than 3 months prior to treatment,

(e) where the waste consists of containers that have been used to contain a hazardous substance, the total quantity of waste stored does not exceed 1 tonne over any 7-day period, and

(f) the waste is not contaminated by more than 1% of its original volume prior to treatment.

(4) The description in sub-paragraph (1) does not include cleaning, washing, spraying or coating of any relevant waste if this falls within Part B of Section 6.4 of Part 2 of Schedule 1.

(5) In this paragraph, “hazardous substance” means a substance classified as hazardous as a consequence of fulfilling the criteria laid down in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures(1).

(6) References in this paragraph to quantity limits by weight include the weight of any contamination.

Recovery of textiles (T2)

2.—(1) The treatment of relevant waste by laundering or otherwise cleaning it.

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

Codes	Waste types
191208	Textiles
200110	Clothes
200111	Textiles

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

(a) the total quantity of waste treated or stored at any one time does not exceed 20,000 tonnes, and

(b) the waste is treated and stored at a location with sealed drainage.

Treatment of waste metals and metal alloys by heating for the purposes of removing grease etc. (T3)

3.—(1) The treatment of relevant waste for the purposes of removing grease, oil or any other non-metallic contaminant by heating it in an appliance where the requirements of sub-paragraph (4) are met using a process that is not an excluded process.

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

Codes	Waste types
160117	Ferrous metal
160118	Non-ferrous metal
191001	Iron and steel waste
191002	Non-ferrous waste
191202	Ferrous metal
191203	Non-ferrous metal
200140	Metals

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

(a) the total quantity of waste stored or treated at any one time does not exceed 10 tonnes, and

(b) the waste is stored in a secure location with sealed drainage.

(4) The requirements in this sub-paragraph are that—

(a) the appliance has a net rated thermal input of less than 0.2 megawatts, and

(b) where it is used together with other appliances (whether or not it is operated simultaneously with such other appliances), the aggregate net rated thermal input of all the appliances is less than 0.2 megawatts.

(5) The processes that are excluded processes for the purposes of sub-paragraph (1) are—

(a) the removal by heat of plastic or rubber covering from scrap cable or any asbestos contaminant,

(b) a process that is an activity listed in Section 2.1 (other than paragraph (d) of Part B) of Part 2 of Schedule 1 involving the heating of iron, steel or ferrous alloy, and

(c) a process that is an activity described in Part A(1) or A(2) of Section 2.2 of Chapter 2 of Part 2 of Schedule 1 involving the heating of any non-ferrous metal or non-ferrous metal alloy.

Preparatory treatments (baling, sorting, shredding etc.) (T4)

4.—(1) The treatment of relevant waste by baling, sorting, shredding, pulverising, densifying, crushing or compacting it.

(2) The table specifying relevant waste for the purposes of this paragraph and the quantity limits referred to in sub-paragraph (3) is set out below.

Codes	Waste types	Treatment limit (over 7 days)	Storage limit (at any one time)
150104, 200140	Cans and foils only	100 tonnes where treatment is carried on outdoors	500 tonnes
		500 tonnes where treatment is carried on indoors
070213, 150102, 150105	Food and drink cartons only	100 tonnes where treatment is carried on outdoors	500 tonnes
		3,000 tonnes where treatment is carried on indoors
150107, 160120, 170202, 191205, 200102	Glass	5,000 tonnes	5,000 tonnes
030308, 030307, 150101, 191201, 200101	Paper and cardboard (excluding food and drink cartons)	500 tonnes where treatment is carried on outdoors	15,000 tonnes
		3,000 tonnes where treatment is carried on indoors
020104, 070213, 120105, 150102, 160119, 170203, 191204, 200139	Plastic	100 tonnes where treatment is carried on outdoors	500 tonnes
		3000 tonnes where treatment is carried on indoors
040222, 150109, 191208, 200110, 200111	Textiles and clothes	1,000 tonnes where treatment is carried on outdoors	1,000 tonnes
		3,000 tonnes where treatment is carried on indoors

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

(a) subject to paragraph (d), the total quantity of waste treated over any 7-day period does not exceed the limit specified in the third column of the table in sub-paragraph (2),

(b) the total quantity of waste stored at any one time does not exceed the limit specified in the fourth column of the table,

(c) no waste is stored for longer than 12 months,

(d) where the treatment involves pulverising waste—

(i) the total quantity of waste treated over any 7-day period does not exceed 5 tonnes;

(ii) the treatment is carried on indoors,

(e) where the treatment involves densifying waste, the treatment does not involve the application of heat,

(f) the treatment and storage are carried on in a secure place,

(g) the waste arrives at the place where the operation is carried on unmixed with any other type of waste,

(h) the waste is treated and stored in an unmixed state, and

(i) in relation to relevant waste to which any one of codes 030308, 030307, 150101, 191201, 200101 (paper and cardboard) applies—

(i) the waste is stored in a baled form, in a container or indoors;

(ii) within the storage limit specified in the fourth column of the table, up to 1,000 tonnes may be stored outdoors so long as it is stored in an enclosure designed and maintained to prevent the escape of litter.

Screening and blending of waste (T5)

5.—(1) The treatment of relevant waste by screening and blending it for the purposes of producing an aggregate or soil and associated prior treatment.

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

Codes	Waste types
010408	Waste gravel and crushed rocks other than those mentioned in 010407
010409	Waste sand and clays
020202	Shellfish shells from which the soft tissue or flesh has been removed only
030101	Untreated waste bark and cork only
030301	Untreated waste bark and wood
100101	Bottom ash, slag and boiler dust (excluding boiler dust mentioned in 100104)
100115	Bottom ash, slag and boiler dust from co-incineration other than those mentioned in 100114
170101	Concrete
170102	Bricks
170103	Tiles and ceramics
170107	Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106
170201	Untreated wood only
170302	Bituminous mixtures other than those mentioned in 170301
170504	Soil and stones other than those mentioned in 170503
170506	Dredging spoil other than those mentioned in 170505
170508	Track ballast other than those mentioned in 170507
190599	Compost produced pursuant to a treatment described in paragraphs T23 or T26 only
191205	Glass
191209	Aggregates only
191212	Gypsum recovered from construction materials only
191302	Solid wastes from soil remediation other than those mentioned in 191301
191304	Sludges from soil remediation other than those mentioned in 191303
200202	Soil and stones

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

(a) in relation to any relevant waste to which code 170302 (bituminous mixtures other than those mentioned in 170301) applies where the treatment is for the purpose of manufacturing roadstone, the total quantity of waste treated or stored over any 3-year period does not exceed 50,000 tonnes,

(b) in relation to relevant waste not covered by paragraph (a), the total quantity of waste treated or stored over any 3-year period does not exceed 5,000 tonnes,

(c) no waste is stored for longer than 12 months, and

(d) the treatment is carried on at the place—

(i) of production, or

(ii) where the treated waste is to be used.

(4) In this paragraph, “associated prior treatment” means crushing relevant waste for the purposes of screening or blending it but does not include crushing of any relevant waste which falls within Part B of Section 3.5 of Part 2 of Schedule 1 or within paragraph T7.

Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising (T6)

6.—(1) The treatment of relevant waste by chipping, shredding, cutting or pulverising it.

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

Codes	Waste types
020103, 200201	Plant tissue waste
030101,030301, 170201	Wood
150103	Wooden packaging only

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

(a) the total quantity of waste treated or stored over any 7-day period does not exceed 500 tonnes, and

(b) no waste is stored for longer than 3 months after treatment.

Treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size (T7)

7.—(1) The treatment of relevant waste by crushing, grinding or reducing it in size but not including any treatment activity covered by paragraph (c) in Part B of Section 3.5 of Part 2 of Schedule 1.

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

Codes	Waste types
170101	Concrete
170102	Bricks
170103	Tiles and ceramics
170107	Mixtures of concrete, bricks, tiles and ceramics (other than those mentioned in 170106*)

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

(a) the total quantity of waste treated over any period of 1 hour does not exceed 20 tonnes,

(b) the total quantity of waste stored at any one time does not exceed 200 tonnes,

(c) the waste is stored in a secure place prior to treatment,

(d) the treatment is carried on—

(i) at the place of production, or

(ii) at the place where the treated waste is to be used, and

(e) the operation does not result in the release into the air of a substance listed in paragraph 6(3) of Part 1 of Schedule 1 except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

Mechanical treatment of end-of-life tyres (T8)

8.—(1) The treatment of end-of-life tyres, including such tyres in a shredded or granulated form that are relevant waste by a relevant treatment operation and associated prior treatment.

(2) The table specifying relevant waste and relevant treatment operations for the purposes of this paragraph is set out below.

Codes	Waste types	Relevant treatment operation
160103	End-of-life tyres	Granulating, baling, peeling, shaving, shredding and re-treading of tyres
191204	Shredded or granulated end-of-life tyres only	Granulating

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

(a) the total quantity of waste stored or treated over any 7-day period does not exceed—

(i) 60 tonnes of truck tyres, or

(ii) 40 tonnes of any other tyres,

(b) within the limits in paragraph (a), the total quantity stored together does not exceed 10 tonnes,

(c) in relation to any relevant treatment operation that is granulating, the treatment is carried on indoors, and

(d) in relation to any relevant treatment operation that is re-treading, the treatment is for the purposes of re-using the waste.

(4) In this paragraph, “associated prior treatment” means cleaning tyres and separating rims from them prior to treatment.

Recovery of scrap metal (T9)

9.—(1) The recovery of scrap metal consisting of relevant waste by—

(a) sorting, grading, shearing by manual feed, baling or crushing it, or

(b) cutting it with hand-held equipment.

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

Codes	Waste types
020110	Waste metal
150104	Metallic packaging
160117, 191202	Ferrous metal
160118, 191203	Non-ferrous metal
170401	Copper, bronze, brass
170402	Aluminium
170403	Lead
170404	Zinc
170405	Iron and steel
170406	Tin
170407	Mixed metals
170411	Cables other than those mentioned in 170410
200140	Metals

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

(a) the total quantity of waste treated or stored at any one time does not exceed 1,000 tonnes,

(b) within the limit in paragraph (a), the total quantity of any cables stored or treated does not exceed 50 tonnes,

(c) no waste is stored for longer than 24 months,

(d) the recovery is carried on at a location with sealed drainage, and

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

Sorting mixed waste (T10)

10.—(1) The sorting of one type of relevant waste from one or more other types of relevant waste.

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

Codes	Waste types
150101, 200101	Paper and cardboard
150102, 200139	Plastics
150104, 200140	Metals
150105	Composite packaging
150106	Mixed packaging
150107, 200102	Glass
150109, 200110, 200111	Textiles and clothing only

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

(a) the total quantity of waste stored at any one time does not exceed 10 tonnes,

(b) the total quantity of waste treated over any 7-day period does not exceed 10 tonnes, and

(c) the waste is stored in a secure place.

Repair or refurbishment of WEEE (T11)

11.—(1) The treatment of WEEE that is relevant waste by repairing, refurbishing or dismantling it.

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

Codes	Waste types
160211*	WEEE containing CFCs, HCFCs and HFCs
160213*	WEEE containing hazardous components other than those mentioned in 160209 to 160212
160214	WEEE other than those mentioned in 160209 to 160213
160216	Components removed from discarded equipment other than those mentioned in 160215
200123*	WEEE containing CFCs
200135*	WEEE other than those mentioned in 200121 and 200123 containing hazardous components
200136	WEEE other than those mentioned in 200121, 200123, and 200135

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

(a) the total quantity of waste treated or stored over any 12-month period does not exceed 1,000 tonnes,

(b) best available treatment, recovery and recycling techniques are used,

(c) the waste is stored in accordance with paragraph 1 of Annex VIII to the WEEE Directive,

(d) the waste is treated in accordance with paragraph 2 of Annex VIII to the WEEE Directive,

(e) the minimum recovery targets set out in Annex V to the WEEE Directive are met,

(f) the operation meets the technical requirements specified in Annex VIII to the WEEE Directive,

(g) in relation to any relevant waste falling within codes 160211* (WEEE containing CFCs, HCFCs and HFCs) or 200123* (WEEE containing CFCs), the waste is stored in such a manner so as to prevent the release of CFCs, HCFCs and HFCs,

(h) the waste is stored in such a manner that its environmentally sound re-use or recycling is not hindered,

(i) 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, and

(j) in relation to dismantling, any fluids are removed and further treatment carried out in accordance with Annex VII to the WEEE Directive.

(4) In this paragraph—

“best available treatment, recovery and recycling techniques” has the meaning given in the document published jointly by the Department for Environment, Food and Rural Affairs, the Welsh Assembly Government and the Scottish Executive on 27th November 2006, entitled “Guidance on Best Available Treatment, Recovery and Recycling Techniques (BATRRT) and Treatment of Waste Electrical and Electronic Equipment (WEEE)”(2);

“CFCs” means chlorofluorocarbons;

“HCFCs” means hydrochlorofluorocarbons;

“HFCs” means hydrofluorocarbons;

“treatment” does not include the degassing or capture of ozone depleting substances.

Manual treatment of waste (T12)

12.—(1) The manual treatment of relevant waste by a relevant treatment operation.

(2) The table below specifies—

(a) relevant waste for the purposes of this paragraph and relevant treatment operations,

(b) the quantity limits referred to in sub-paragraph (3)(a), and

(c) the additional specific conditions referred to in sub-paragraph (3)(c).

Codes	Waste types	Relevant treatment operation	Quantity limits (at any one time)	Additional specific conditions
200199	Bicycles only	Sorting, repairing or refurbishing	100 tonnes	A
200110, 200111	Clothing, fabrics, carpets only	Sorting, repairing or refurbishing	100 tonnes	A
200138, 200139, 200140	Coat hangers only	Sorting and dismantling	100 tonnes	B
200140	Domestic pots and pans only	Sorting and dismantling	100 tonnes
200199	Footwear only	Sorting, repairing or refurbishing	100 tonnes	A
200307	Furniture only	Sorting, repairing or refurbishing	100 tonnes	A
200138, 200139, 200140	Garden tools only	Sorting, repairing or refurbishing	100 tonnes	A
200138, 200139, 200140	Lock gates only	Sorting and dismantling	100 tonnes
200307	Mattresses only	Sorting and dismantling	5 tonnes	B, C
170102, 170201, 170904, 200138	Stone, bricks, wood only	Sorting, repairing or refurbishing	500 tonnes	A
200137*, 200138, 200140	Telegraph poles only	Sorting and dismantling	100 tonnes	B
170201, 170202, 170203, 200102, 200138, 200139, 200140	Windows, doors only	Sorting, repairing or refurbishing	100 tonnes	A
170201, 170202, 170203, 200102, 200138, 200139, 200140	Windows, doors only	Sorting and dismantling	10 tonnes	B
150103	Wooden pallets only	Sorting, repairing or refurbishing	100 tonnes	A
150103	Wooden pallets only	Sorting and dismantling	100 tonnes	B

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

(a) the total quantity of waste treated or stored at any one time does not exceed the limit specified in the fourth column of the table in sub-paragraph (2),

(b) subject to additional specific condition B in paragraph (c), where it applies, no waste is stored for longer than 2 years, and

(c) the operation complies with such of the following additional specific conditions as is specified in the fifth column of the table—

A	the operation is for the purposes of reusing the waste;
B	no waste is stored for longer than 12 months;
C	treatment and storage are carried on indoors.

Treatment of waste food (T13)

13.—(1) The treatment of waste food that is relevant waste by decanting or unwrapping it, bulking it up and sorting it.

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

Codes	Waste types
020304, 020501, 020601, 020704	Materials unsuitable for consumption or processing
200199	Non liquid foods unsuitable for consumption or processing only

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

(a) the total quantity of waste treated or stored at any one time does not exceed 30 tonnes,

(b) the treatment and storage are carried on—

(i) indoors;

(ii) in a secure place,

(c) no waste is stored for longer than 7 days,

(d) in relation to relevant waste specified in the first row of the table in sub-paragraph (2), where that is milk only, the operation is carried on in a dairy which has sealed drainage, and

(e) any resultant waste packaging is bulked up for the purposes of recovery.

Crushing and emptying waste vehicle oil filters (T14)

14.—(1) The treatment of waste vehicle oil filters consisting of relevant waste by crushing and emptying them.

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

Codes	Waste types
160107*	Oil filters

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

(a) the total quantity of waste stored after treatment does not exceed 1 tonne of crushed and emptied oil filters at any one time,

(b) the treatment is carried on at the place of production,

(c) the equipment used to treat the waste is—

(i) designed for the purposes of crushing oil filters;

(ii) designed and maintained to ensure that oil does not escape during treatment, and

(d) the treatment takes place as soon as practicable after the oil filter is removed from a vehicle.

Treatment of waste aerosol cans (T15)

15.—(1) The treatment of empty used waste aerosol cans consisting of relevant waste by puncturing and crushing them.

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

Codes	Waste types
160504*	Aerosol cans containing residues of or contaminated by hazardous substances only
160505	Aerosol cans only

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

(a) the total quantity of waste treated or stored in any 12-month period does not exceed 3,000 cans,

(b) the waste is stored in a secure location in vented containers prior to treatment,

(c) the treatment and storage are carried on—

(i) at the place of production;

(ii) in a well-ventilated area, and

(d) the equipment used to treat the waste is designed for that purpose.

Treatment of waste toner cartridges and waste ink cartridges by sorting, dismantling, cleaning or refilling (T16)

16.—(1) The treatment of waste toner cartridges and waste ink cartridges consisting of relevant waste by sorting, dismantling, cleaning or refilling them.

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

Codes	Waste types
080313	Waste ink other than that mentioned in 080312*
080318	Waste printing toner other than those mentioned in 080317
150102	Plastic packaging
160216	Cartridges taken from discarded equipment other than those mentioned in 160215 only
200139	Plastics

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

(a) the total quantity of waste treated or stored at any one time does not exceed 150 tonnes, and

(b) the treatment is carried on—

(i) indoors;

(ii) at a location with sealed drainage.

Crushing waste fluorescent tubes (T17)

17.—(1) The crushing of relevant waste for the purposes of volume reduction prior to collection.

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

Codes	Waste types
200121*	Fluorescent tubes only

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

(a) the fluorescent tubes were used or intended to be used by the producer of the waste before becoming waste,

(b) the crushing is carried out by the producer of the waste at the place of production,

(c) the total quantity of waste crushed does not exceed 2 tonnes per year,

(d) the equipment used for crushing is owned by the producer,

(e) the mercury exposure limit is not exceeded,

(f) best available treatment, recovery and recycling techniques are used,

(g) the waste is stored in accordance with paragraph 1 of Annex VIII to the WEEE Directive, and

(h) the waste is crushed in accordance with paragraph 2 of Annex VIII to the WEEE Directive.

(4) In this paragraph—

“best available treatment, recovery and recycling techniques” has the meaning given in paragraph 11(4) of this Section;

“mercury exposure limit” means the workplace exposure limit for mercury set out in the document entitled “EH/40/2005 Workplace Exposure Limits” (second edition) issued by the Health and Safety Executive and published in 2011(3).

Dewatering using flocculants (T18)

18.—(1) The treatment of relevant waste by dewatering using flocculants.

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

Codes	Waste types
010409	Clay effluent resulting from the manufacture of ceramics only
080120	Water based paint wash waters only

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

(a) the total quantity of waste stored or treated at any one time does not exceed 30,000 litres, and

(b) the waste is stored in a container with secondary containment.

Physical and chemical treatment of waste edible oil and fat to produce biodiesel (T19)

19.—(1) The physical and chemical treatment of relevant waste for the purposes of producing biodiesel.

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

Codes	Waste types
200125	Edible oil and fat

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

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

(b) the total quantity of waste chemically treated at any one time does not exceed 250 litres,

(c) the waste is treated and stored in a container with secondary containment,

(d) no waste is stored for longer than 3 months, and

(e) the operation is for the purpose of reusing the waste.

Treatment of waste at a water treatment works (T20)

20.—(1) The treatment of relevant waste at a water treatment works.

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

Codes	Waste types
190902	Sludges from water clarification
190903	Sludges from decarbonation
190906	Solutions and sludges from regeneration of ion exchangers
190999	Waste water and bore hole flushings only

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

(a) the total quantity of waste treated at the works over any period of 12 months does not exceed 10,000 cubic metres, and

(b) the waste is treated and stored in a secure location with sealed drainage.

Recovery of waste at a waste water treatment works (T21)

21.—(1) The recovery of relevant waste at a waste water treatment works.

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

Codes	Waste types
190801	Screenings
190802	Sewage grit (waste from desanding) only
190805	Sludges from treatment of urban waste water
190899	Centrate liquor only
190902	Sludges from water clarification
190903	Sludges from decarbonation
190906	Solutions and sludges from regeneration of ion exchangers
200304	Septic tank sludge
200306	Waste from sewage cleaning
200399	Cesspool waste and other sewage sludge only

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

(a) the total quantity of waste brought to the works over any period of 12 months does not exceed 100,000 cubic metres, and

(b) the waste is treated and stored in a secure location with sealed drainage.

Recovery of central heating oil by filtration

22.—(1) The recovery of central heating oil by filtering relevant waste.

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

Codes	Waste types
130701*	Central heating oil only

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

(a) the total quantity of waste treated over any 7-day period does not exceed 400 litres,

(b) the waste is stored with secondary containment,

(c) the treatment is carried on at a location with sealed drainage, and

(d) the operation is for the purpose of reusing the waste.

Aerobic composting and associated prior treatment (T23)

23.—(1) The treatment of relevant waste by aerobic composting and associated prior treatment.

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

Table 1

Codes	Waste types
170506	Plant tissue waste from inland waters only
020103, 200201	Plant tissue waste
020106	Horse manure and farmyard manure only
020107	Biodegradable waste from forestry only
020199	Fully biodegradable animal bedding
200101	Paper and cardboard
200201	Biodegradable waste plant matter only

Table 2

Codes	Waste types
020202	Animal tissue waste
020501, 020601	Materials unsuitable for consumption or processing
200108	Biodegradable kitchen and canteen waste
200302	Biodegradable waste from markets only

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

(a) the total quantity of waste treated or stored at any one time does not exceed 80 tonnes where—

(i) the operation is carried on at the place of production, and

(ii) the treated waste is being or is to be used at that place,

(b) the total quantity of waste treated or stored at any one time does not exceed 60 tonnes where—

(i) the waste is produced at a place other than where the operation is carried on, or

(ii) the treated waste is not to be used at the place where the operation is carried on,

(c) within the quantity limits in paragraphs (a) and (b), the waste does not consist at any one time of more than the following quantities—

(i) 10 tonnes of paper or cardboard;

(ii) 20 tonnes of manure;

(iii) 10 tonnes of any relevant waste listed in Table 2,

(d) in relation to relevant waste listed in Table 1, no waste is stored for longer than 1 month prior to treatment,

(e) in relation to relevant waste listed in Table 2, no waste is stored for longer than 7 days prior to treatment,

(f) no waste is stored for a period of longer than 12 months after treatment, and

(g) the treatment results in a stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

(4) In this paragraph—

“aerobic composting” means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic;

“associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of aerobic composting.

Anaerobic digestion at premises used for agriculture and burning of resultant biogas (T24)

24.—(1) The treatment by anaerobic digestion of relevant waste at premises used for agriculture and associated prior treatment and the burning of any resultant biogas.

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

Codes	Waste types
020103, 020107, 170506, 200201	Plant tissue waste
020106	Horse and farmyard manure, slurry only
020199	Fully biodegradable animal bedding

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

(a) the total quantity of waste treated or stored at any one time does not exceed 1,250 cubic metres,

(b) the minimum retention time for the waste in the digester is 28 days, and

(c) any gas resulting from the operation is collected and then burnt in an appliance—

(i) where the requirements of sub-paragraph (5) are met, and

(ii) the appliance is for the purposes of producing energy.

(4) In this paragraph, “associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of anaerobic digestion.

(5) The requirements in this sub-paragraph are that—

(a) the appliance has a net rated thermal input of less than 0.4 megawatts, and

(b) where it is used together with other appliances (whether or not it is operated simultaneously with such other appliances), the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.

Anaerobic digestion at premises not used for agriculture and burning of resultant biogas (T25)

25.—(1) The treatment by anaerobic digestion of relevant waste at premises not used for agriculture and associated prior treatment and the burning of any resultant biogas.

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

Codes	Waste types
020103, 020107, 170506, 200201	Plant tissue waste
020106	Horse and farmyard manure only
020199	Fully biodegradable animal bedding
200101	Paper and cardboard
200108	Biodegradable kitchen and canteen waste
020202	Animal tissue waste
020501, 020601	Materials unsuitable for consumption or processing
200302	Biodegradable waste from markets only

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

(a) the total quantity of waste treated or stored at any one time does not exceed 50 cubic metres,

(b) the minimum retention time for the waste in the digester is 28 days, and

(c) any gas resulting from the operation is collected and then burnt in an appliance—

(i) where the requirements of sub-paragraph (5) are met, and

(ii) the appliance is for the purposes of producing energy.

(4) In this paragraph, “associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of anaerobic digestion.

(5) The requirements in this sub-paragraph are that—

(a) the appliance has a net rated thermal input of less than 0.4 megawatts, and

(b) where it is used together with other appliances (whether or not it is operated simultaneously with such other appliances), the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.

Treatment of kitchen waste in a wormery (T26)

26.—(1) The treatment in a wormery of relevant waste originating from a kitchen.

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

Codes	Waste types
200101	Paper and cardboard
200108	Biodegradable kitchen and canteen waste

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

(a) the total quantity of waste treated over any 12-month period does not exceed 6 tonnes, and

(b) the treatment results in a stable sanitised vermicompost that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

Treatment of sheep dip using organophosphate-degrading enzyme (T27)

27.—(1) The treatment of used organophosphate sheep dip consisting of relevant waste for the purposes of its disposal.

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

Codes	Waste types
020109	Organophosphate sheep dip only

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

(a) total quantity of waste treated or stored over any 24-hour period does not exceed 8,000 litres,

(b) the waste is treated using organophosphate-degrading enzyme in accordance with the enzyme manufacturer’s instructions,

(c) the treatment and storage are carried on at the place of production, and

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

(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.

Sorting and de-naturing of controlled drugs for disposal (T28)

28.—(1) The treatment of controlled drugs consisting of relevant waste by sorting and de-naturing them prior to their disposal.

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

Codes	Waste types
180109	Medicines from natal care, diagnosis, treatment or prevention of disease in humans
180208	Medicines from research, diagnosis, treatment or prevention of disease involving animals
200132	Medicines separately collected as municipal waste

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

(a) the total quantity of waste treated or stored at any one time does not exceed 1 cubic metre,

(b) the treatment and storage are carried on at the place of production, and

(c) no waste is stored for longer than 6 months.

(4) In this paragraph, “controlled drug” means a controlled drug specified in Schedules 1 to 5 to the Misuse of Drugs Regulations 2001(4).

Treatment of non-hazardous pesticide washings by carbon filtration for disposal (T29)

29.—(1) The treatment of non-hazardous pesticide washings that are relevant waste by carbon filtration for the purposes of disposal.

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

Codes	Waste types
020109, 160509	Non-hazardous pesticide washings only

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

(a) the total quantity of waste treated or stored over any 24-hour period does not exceed 8,000 litres,

(b) the treatment and storage are carried on at the place of production, and

(c) the treatment is carried on in a location with sealed drainage.

Recovery of silver (T30)

30.—(1) The recovery of silver from relevant waste produced in connection with printing or photographic processes.

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

Codes	Waste types
090106*	Wastes containing silver from on-site treatment of photographic wastes
090107	Photographic film or paper containing silver or silver compounds

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

(a) the total quantity of waste stored or treated at any one time does not exceed 1,000 litres, and

(b) the treatment and storage are carried on in a location with sealed drainage.

Recovery of monopropylene glycol from aircraft antifreeze fluids (T31)

31.—(1) The recovery of monopropylene glycol by filtering and distilling relevant waste collected following de-icing of aircraft.

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

Codes	Waste types
160115	Antifreeze fluids other than those mentioned in 160114

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

(a) the total quantity of waste treated or stored over any 7-day period does not exceed 250 cubic metres,

(b) the waste is treated in a location with sealed drainage,

(c) the operation is carried on at the place where the waste is produced, and

(d) the waste is stored with secondary containment.

Treatment of waste in a biobed or biofilter (T32)

32.—(1) The treatment of relevant waste in a lined biobed or above ground biofilter.

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

Codes	Waste types
020109, 160509	Non-hazardous pesticide washings only

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

(a) the total quantity of waste treated or stored over any 12-month period does not exceed 15,000 litres,

(b) the biobed or biofilter is located at a secure place that is—

(i) at least 10 metres from a watercourse;

(ii) at least 50 metres from a spring or well or from any borehole not used to supply water for domestic or food production purposes;

(iii) at least 250 metres from any borehole used to supply water for domestic or food production purposes;

(iv) not within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction that is used to supply water for domestic or food production purposes,

(c) the biobed or biofilter—

(i) is designed and maintained for the treatment operation;

(ii) has an impermeable lining, and

(d) the treatment is carried on at the place of production.

(1)

OJ No L 353, 31.12.2008, p 1, as last amended by Commission Regulation (EU) No 1297/2014 (OJ No L 350, 6.12.2014, p 1).

(2)

See http://archive.defra.gov.uk/environment/waste/producer/electrical/documents/weee-batrrt-guidance.pdf. A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

(3)

See http://www.hse.gov.uk/pubns/priced/eh40.pdf. A copy may be obtained by writing to Health and Safety Executive Books at PO Box 1999, Sudbury, Suffolk CO10 2WA or via https://books.hse.gov.uk/hse/public/home.jsf.

(4)

S.I. 2001/3998; relevant amending instruments are S.I. 2003/1432, 2005/1653, 2864, 3372, 2007/2154, 2009/3136, 2010/1144, 1799, 2011/448, 2012/973, 1311, 2013/176, 625, 2014/1275, 1377, 3277, 2015/231 and 891.