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The Environmental Permitting (England and Wales) Regulations 2007

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Waste for construction

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19.—(1) Storage on a site of a kind of waste specified in Column 2 of the Table in sub-paragraph (3) from the corresponding source specified in Column 1 of that Table for the purposes of relevant work carried on at the site, if—

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

(b)no more than 50,000 tonnes of such waste are stored at the site; and

(c)in the case of waste which is not produced on the site, it is not stored there for longer than 6 months.

(2) The use of a kind of waste specified in Column 2 of the Table in sub-paragraph (3) from the corresponding source specified in Column 1 of that Table for the purposes of relevant work, if—

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

(b)the work is carried out in accordance with any requirement of or under the Town and Country Planning Act 1990(1); and

(c)the waste is used to a depth that does not exceed the dimensions of the final cross sections shown on any plan submitted under paragraph 8 of Schedule 2.

(3) The Table referred to in sub-paragraphs (1) and (2) is set out below.

Column 1Column2
Source of WasteKind of Waste
Wastes from physical and chemical processing of non-metalliferous minerals

Waste gravel and crushed rocks other than those containing dangerous substances

Waste sand and clays

Wastes from sugar processingSoil 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 waste for industrial use)

Bottom ash, slag and boiler dust (excluding oil fly ash and boiler dust)

Pulverised fuel ash

Gypsum

Wastes from the iron and steel industryUnprocessed slag
Wastes from the casting of ferrous and non ferrous piecesFurnace slag
Wastes from the manufacture of ceramic goods, bricks, tiles and construction piecesWaste ceramics, bricks, tiles and construction products (after thermal processing)
Wastes from the manufacture of cement, lime and plaster and articles and products made from themWaste concrete and concrete sludge
Concrete, bricks, tiles and ceramics

Concrete

Bricks

Tiles and ceramics

Mixtures of concrete, bricks, tiles and Ceramics

Wastes from incineration and pyrolysis of wasteBottom ash and slag
Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specifiedMinerals (for example sand, stones)
Soil (including excavated soil from contaminated sites), stones and dredging spoil

Track ballast, soil and stones other than those containing dangerous substances

Dredging spoil (unless it contains dangerous substances)

Garden and park waste (including cemetery waste)Soil and stones
Bituminous mixtures, coal tar and tarred productsRoad base and road planings

(4) For the purposes of sub-paragraphs (1) and (2), dredging spoil is only suitable for use in drainage works.

(5) Storage on a site 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 50,000 tonnes of such waste are stored at the site; and

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

(6) In this paragraph—

“drainage” means drainage carried out for the purposes of the Land Drainage Act 1991(2), the 1991 Act or the 1995 Act; and

“relevant work” means work for the construction, maintenance or improvement of—

(a)

a building or a highway, railway, airport, dock or other transport facility;

(b)

recreational facilities; or

(c)

drainage,

but does not include work involving land reclamation.

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