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The Environmental Permitting (England and Wales) Regulations 2007

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Land reclamation or improvement

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9.—(1) Subject to sub-paragraph (3)—

(a)spreading a kind of waste specified in column 2 of Part 1 of the Table in sub-paragraph (2) from the corresponding source specified in column 1 of Part 1 of that Table on any land; or

(b)spreading a kind of waste specified in column 2 of Part 2 of the Table in sub-paragraph (2) from the corresponding source specified in column 1 of Part 2 of that Table on any land where that operation results in benefit to agriculture or ecological improvement.

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

Column 1Column 2
Source of WasteKind of Waste
PART 1
Wastes from physical and chemical processing of non-metalliferous minerals

Waste gravel and crushed rocks

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 water for industrial use)Pulverised fuel ash, bottom ash and slag
Wastes from manufacture of ceramic goods, bricks, tiles and construction productsWaste ceramics, bricks, tiles and construction products (after thermal processing)
Wastes from manufacture of cement, lime and plaster and articles and products made from themWaste concrete and concrete sludge
Concrete, bricks, tiles and ceramics

Bricks

Tiles and ceramics

Mixtures of concrete, bricks, tiles and ceramics

Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, palletising) not otherwise specifiedMinerals (for example sand, stones)
Wastes from soil and groundwater remediationSolid wastes from soil remediation (other than those containing dangerous substances)
Garden and park wastes (including cemetery waste)Soil and stones
Soil (including excavated soil from contaminated sites), stones and dredging spoilTrack ballast other than those containing dangerous substances
PART 2
Wastes from pulp, paper and cardboard production and processing

De-inked paper sludge and de-inked paper pulp

Lime mud waste

Soil (including excavated soil from contaminated sites), stones and dredging spoil

Soil and stones other than those containing dangerous substances

Dredging spoil other than those containing dangerous substances

Wastes from aerobic treatment of solid wastesCompost
Wastes from waste water treatment plantsSludges from treatment of urban waste water
Wastes from the preparation of water intended for human consumption or water for industrial useSludges from water clarification
Wastes from soil and groundwater remediationSludges from soil remediation (other than those containing dangerous substances)

(3) An operation does not fall within sub-paragraph (1) unless—

(a)the waste is spread for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man-made development, and the use to which that land could be put would be improved by the spreading;

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

(c)the waste is spread to a depth not exceeding the lesser of—

(i)2 metres, or

(ii)the final cross-sections shown on any plan submitted under paragraph 8 of Schedule 2; and

(d)no more than 20,000 cubic metres of waste are spread per hectare.

(4) Secure storage for a period not exceeding 6 months, at the place where it is to be spread, of waste intended to be spread in reliance on sub-paragraph (1).

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