The Environmental Permitting (England and Wales) Regulations 2010

Use of waste in construction (U1)

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

Codes	Waste types	Quantity limit	Additional specific conditions
010102	Waste from mineral non-metalliferous excavation	5,000 tonnes
010408	Waste gravel and crushed rock 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
101208	Waste ceramics, bricks, tiles and construction products (after thermal processing)
101314	Waste concrete and concrete sludge
170101	Concrete
170102	Bricks
170103	Tiles and ceramics
170107	Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106
170506	Dredging spoil other than those mentioned in 170505		A
170508	Track ballast other than those mentioned in 170507
191205	Glass
191209	Minerals (for example sand, stones)
191212	Aggregates only

Table 2

Codes	Waste types	Quantity limit	Additional specific conditions
020399, 020401	Soil from cleaning and washing fruit and vegetables only	1,000 tonnes
170302	Bituminous mixtures other than those mentioned in 170301		B
170504	Soil and stones other than those mentioned in 170503
170506	Dredging spoil other than those mentioned in 170505
191302	Solid wastes from soil remediation other than those mentioned in 191301
200202	Soil and stones
020103	Plant tissue waste		B
030101	Waste bark, cork and wood only		B
191207	Untreated wood other than those mentioned in 191206 only		B
200138	200137 only		B

Table 3

Codes	Waste types	>Quantity limits	Additional specific conditions
170302	Bituminous mixtures other than those mentioned in 170301	50,000 tonnes	C
170504	Road sub base only		C

(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—

A	the 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,
B	the waste is used only for the construction of tracks, paths, bridleways or car parks and must be processed into chipped form prior to use,
C	the waste is used only for the construction of roads.

(1)

1991 c. 59.