Search Legislation

The Environmental Permitting (England and Wales) Regulations 2010

Changes over time for: Cross Heading: SECTION 2

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Environmental Permitting (England and Wales) Regulations 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 3 Part 1 Chapter 3 Crossheading Descriptions-and-specific-conditions:

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

SECTION 2E+W+SDescriptions and specific conditions
Cleaning, washing, spraying or coating relevant waste (T1)E+W+S

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.

CodesWaste types
150105Composite packaging
160120, 150107, 170202, 191205, 200102Glass
150101Paper and cardboard packaging
020104, 070213, 150102, 160119, 170203, 200139Plastic
150109Textile 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 dangerous 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, “dangerous substance” has the meaning given in regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 M1.

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

Marginal Citations

Recovery of textiles (T2)E+W+S

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.

CodesWaste types
191208Textiles
200110Clothes
200111Textiles

(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)E+W+S

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.

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

(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 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)E+W+S

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.

CodesWaste typesTreatment limit (over 7 days)Storage limit (at any one time)
150104, 200140Cans and foils only100 tonnes where treatment is carried on outdoors500 tonnes
500 tonnes where treatment is carried on indoors
070213, 150102, 150105Food and drink cartons only100 tonnes where treatment is carried on outdoors500 tonnes
3,000 tonnes where treatment is carried on indoors
150107, 160120, 170202, 191205, 200102Glass5,000 tonnes5,000 tonnes
030308, 030307, 150101, 191201, 200101Paper and cardboard (excluding food and drink cartons)500 tonnes where treatment is carried on outdoors15,000 tonnes
3,000 tonnes where treatment is carried on indoors
020104, 070213, 120105, 150102, 160119, 170203, 191204, 200139Plastic100 tonnes where treatment is carried on outdoors500 tonnes
3000 tonnes where treatment is carried on indoors
040222, 150109, 191208, 200110, 200111Textiles and clothes1,000 tonnes where treatment is carried on outdoors1,000 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 codes 030308, 030307, 150101, 191201, 200101 apply (paper and cardboard)—

(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)E+W+S

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.

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

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.

CodesWaste types
020103, 200201Plant tissue waste
030101,030301, 170201

Wood

150103Untreated 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)E+W+S

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.

CodesWaste types
170101Concrete
170102Bricks
170103Tiles and ceramics
170107Mixtures 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)E+W+S

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.

CodesWaste typesRelevant treatment operation
160103End-of-life tyresGranulating, baling, peeling, shaving, shredding and re-treading of tyres
191204Shredded or granulated end-of-life tyres onlyGranulating

(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)E+W+S

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.

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

(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)E+W+S

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.

CodesWaste types
150101, 200101Paper and cardboard
150102, 200139Plastics
150104, 200140Metals
150105Composite packaging
150106Mixed packaging
150107, 200102Glass
150109, 200110, 200111Textiles 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)E+W+S

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

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

CodesWaste types
160211*WEEE containing CFCs, HCFCs and HFCs
160213*WEEE containing hazardous components other than those mentioned in 160209 to 160212
160214WEEE other than those mentioned in 160209 to 160213
160216Components 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
200136WEEE 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)the best available treatment, recovery and recycling techniques are used when treating the waste;

(c)the operation meets the technical requirements specified in Annex III to the WEEE Directive;

(d)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;

(e)the waste is stored in such a manner that its environmentally sound reuse or recycling is not hindered; and

(f)the operation is for the purposes of—

(i)re-using the WEEE for its original purpose, or

(ii)re-using any dismantled components for their original purpose.

(4) In this paragraph—

(a)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)”M2;

(b)CFCs” means chlorofluorocarbons;

(c)HCFCs” means hydrochlorofluorocarbons;

(d)HFCs” means hydrofluorocarbons; and

(e)treatment” does not include the degassing or capture of ozone depleting substances.

Marginal Citations

M2Available on the Defra website - http://www.defra.gov.uk/environment/waste/producer/electrical/documents/weee-batrrt-guidance.pdf. See paragraphs 22 to 36.

Manual treatment of waste (T12)E+W+S

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

(2) The table specifying—

(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),

is set out below.

CodesWaste typesRelevant treatment operationQuantity limits (at any one time)Additional specific conditions
200199Bicycles onlySorting, repairing or refurbishing100 tonnesA
200110, 200111Clothing, fabrics, carpets onlySorting, repairing or refurbishing100 tonnesA
200138, 200139, 200140Coat hangers onlySorting and dismantling100 tonnesB
200140Domestic pots and pans onlySorting and dismantling100 tonnes
200199Footwear onlySorting, repairing or refurbishing100 tonnesA
200307Furniture onlySorting, repairing or refurbishing100 tonnesA
200138, 200139, 200140Garden tools onlySorting, repairing or refurbishing100 tonnesA
200138, 200139, 200140Lock gates onlySorting and dismantling100 tonnes
200307Mattresses onlySorting and dismantling5 tonnesB, C
170102, 170201, 170904, 200138Stone, bricks, wood onlySorting, repairing or refurbishing500 tonnesA
200137*, 200138, 200140Telegraph poles onlySorting and dismantling100 tonnesB
170201, 170202, 170203, 200102, 200138, 200139, 200140Windows, doors onlySorting, repairing or refurbishing100 tonnesA
170201, 170202, 170203, 200102, 200138, 200139, 200140Windows, doors onlySorting and dismantling10 tonnesB
150103Wooden pallets onlySorting, repairing or refurbishing100 tonnesA
150103Wooden pallets onlySorting and dismantling100 tonnesB

(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 sub-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—

Athe operation is for the purposes of reusing the waste,
Bno waste is stored for longer than 12 months,
Ctreatment and storage are carried on indoors.
Treatment of waste food (T13)E+W+S

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.

CodesWaste types
F1. . .F1. . .
020304, 020501, 020601, 020704Materials unsuitable for consumption or processing F2...
200199Non liquid foods unsuitable for consumption or processing F3... 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) (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.

Textual Amendments

F1Sch. 3 Pt. 1 Ch. 3 Section 2 para. T13 table entry omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 3 para. 8(a)(i) (with regs. 2, 47(2))

F2Words in Sch. 3 Pt. 1 Ch. 3 Section 2 para. T13 table omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 3 para. 8(a)(ii) (with regs. 2, 47(2))

F3Words in Sch. 3 Pt. 1 Ch. 3 omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 3 para. 8(a)(iii) (with regs. 2, 47(2))

Crushing and emptying waste vehicle oil filters (T14)E+W+S

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.

CodesWaste 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)E+W+S

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.

CodesWaste types
160504*Aerosol cans containing residues of or contaminated by dangerous substances only
160505Aerosol 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 by sorting, dismantling, cleaning or refilling (T16)E+W+S

16.—(1) The treatment of waste toner 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.

CodesWaste types
080318Waste printing toner other than those mentioned in 080317
150102Plastic packaging
160216Cartridges taken from discarded equipment other than those mentioned in 160215 only
200139Plastics

(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 50,000 cartridges; and

(b)the treatment is carried on—

(i)indoors,

(ii)at a location with sealed drainage.

Crushing waste fluorescent tubes (T17)E+W+S

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.

CodesWaste types
200121*Fluorescent tubes only

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

(a)the total quantity of waste crushed over any period of 24 hours does not exceed 3 tonnes;

(b)the crushing is carried on at the place of production;

(c)the equipment used for crushing is designed for the purposes of crushing and volume reduction;

(d)the mercury concentration in any resultant emissions does not exceed 25 microgrammes per cubic metre; and

(e)any glass or mercury released after crushing is stored in a secure container under weatherproof covering.

Dewatering using flocculants (T18)E+W+S

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.

CodesWaste types
010409Clay effluent resulting from the manufacture of ceramics only
080120Water 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 treatment of waste edible oil and fat to produce biodiesel (T19)E+W+S

19.—(1) The physical 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.

CodesWaste types
200125Edible oil and fat

(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 5,000 litres;

(b)the waste is treated and stored in a container with secondary containment;

(c)no waste is stored for longer than 3 months; and

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

Treatment of waste at a water treatment works (T20)E+W+S

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.

CodesWaste types
190902Sludges from water clarification
190903Sludges from decarbonation
190906Solutions and sludges from regeneration of ion exchangers
190999Waste 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)E+W+S

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.

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

Treatment of animal by-product waste at a collection centre (T22)E+W+S

F422.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 Pt. 1 Ch. 3 Section 2 para. T22 omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 3 para. 8(b) (with regs. 2, 47(2))

Aerobic composting and associated prior treatment (T23)E+W+S

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
CodesWaste types
170506Plant tissue waste from inland waters only
020103, 200201Plant tissue waste
020106Horse manure and farmyard manure only
020107Biodegradable waste from forestry only
200101Paper and cardboard
200201Biodegradable waste plant matter only
Table 2
CodesWaste types
020202Animal tissue waste
020501, 020601Materials unsuitable for consumption or processing
200108Biodegradable kitchen and canteen waste
200302Biodegradable 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)E+W+S

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.

CodesWaste types
020103, 020107, 170506, 200201Plant tissue waste
020106Horse and farmyard manure, slurry 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 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)E+W+S

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.

CodesWaste types
020103, 020107, 170506, 200201Plant tissue waste
020106Horse and farmyard manure only
200101Paper and cardboard
200108Biodegradable kitchen and canteen waste
020202Animal tissue waste
020501, 020601Materials unsuitable for consumption or processing
200302Biodegradable 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)E+W+S

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.

CodesWaste types
200101Paper and cardboard
200108Biodegradable 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 for disposal (T27)E+W+S

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.

CodesWaste types
020109Organophosphate 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 sheep dip bath.

Sorting and de-naturing of controlled drugs for disposal (T28)E+W+S

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.

CodesWaste types
180109Medicines from natal care, diagnosis, treatment or prevention of disease in humans
180208Medicines from research, diagnosis, treatment or prevention of disease involving animals
200132Medicines 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 M3.

Marginal Citations

M3S.I. 2001/3998; relevant amending instruments are S.I. 2003/1432, 2005/1653, 2005/3372 and 2007/2154.

Treatment of non-hazardous pesticide washings by carbon filtration for disposal (T29)E+W+S

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.

CodesWaste types
020109, 160509Non-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)E+W+S

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.

CodesWaste types
090107Photographic 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)E+W+S

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.

CodesWaste types
160115Antifreeze 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)E+W+S

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.

CodesWaste types
020109, 160509Non-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.

Recovery of central heating oil by filtration (T33)E+W+S

33.—(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.

CodesWaste 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 purposes of reusing the waste.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources