Office of Public Sector Information
Regulations 5(1)(b) and 68(1)
1.—(1) In this Schedule—
“the 1989 Regulations” means the Sludge (Use in Agriculture) Regulations 1989(52);
“the 1991 Act” means the Water Resources Act 1991(53);
“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)”(54);
“construction work” includes the repair, alteration or improvement of existing works;
“domestic purposes” has the same meaning as in section 218 of the Water Industry Act 1991(55);
“food production purposes” means the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used, and for the purposes of this definition “food production premises” means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises;
“inland waters” has the meaning given by section 221(1) of the 1991 Act;
“internal drainage board” has the same meaning as in section 1(1) of the Land Drainage Act 1991(56);
“operational land” unless the context otherwise requires has the meaning given by sections 263 and 264 of the Town and Country Planning Act 1990(57);
“recycling”, “reuse” and “treatment”, in relation to WEEE, have the meanings given by Article 3 of the WEEE Directive;
“scrap metal” has the meaning given by section 9(2) of the Scrap Metal Dealers Act 1964(58);
“sealed drainage system” in relation to an impermeable pavement, means a drainage system with impermeable components which does not leak and which will ensure that—
no liquid will run off the pavement otherwise than via the system, and
except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump;
“work” includes preparatory work.
(2) In this Schedule, a 6 digit code used to refer to a waste is a reference to that waste as specified by the 6 digit code—
(a) in England, in the List of Wastes (England) Regulations 2005(59);
(b) in Wales, in the List of Wastes (Wales) Regulations 2005(60).
(3) An asterisk following any such code indicates that the waste is considered to be hazardous pursuant to Directive 91/689/EEC on hazardous waste(61), and subject to the provisions of that Directive unless Article 1(5) of that Directive applies.
(4) When interpreting this Schedule a container, lagoon or other place is secure in relation to waste kept in it if—
(a) all reasonable precautions are taken to ensure that the waste cannot escape from it; and
(b) members of the public are unable to gain access to the waste.
2.—(1) Loading or unloading a scrap metal furnace, except at a place used for carrying on the business of a scrap metal dealer (within the meaning given by section 9(1) of the Scrap Metal Dealers Act 1964).
(2) Storing, at the place where a scrap metal furnace is located, scrap metal intended to be loaded into that scrap metal furnace.
(3) In this paragraph “scrap metal furnace” means a furnace—
(a) with a designed holding capacity of less than 25 tonnes operated such that it is or forms part of an activity within—
(i) paragraph (a), (b) or (d) of Part B of Section 2.1 of Part 2 of Schedule 1, or
(ii) paragraph (a), (b) or (e) of Part B of Section 2.2 of Part 2 of Schedule 1; and
(b) which is operated under an environmental permit.
3.—(1) Secure storage on any premises of any specified substance which is intended to be burned or fed into an appliance in which it is to be burned if—
(a) no more than 25 tonnes is stored there at any one time; and
(b) no waste is stored there for longer than 12 months.
(2) In this paragraph—
(a) “specified substance” means the following types of waste—
(i) straw included in 02 01 03,
(ii) poultry litter included in 02 01 06,
(iii) wood included in 02 01 07, 03 01 01, 03 03 01, 20 01 38 or 20 02 01,,
(iv) solid fuel which has been manufactured from waste by a process involving the application of heat included in 19 12 10;
(b) “burned” means burned as a fuel pursuant to an environmental permit to the extent that it is or forms part of a Part B activity.
4.—(1) Subject to sub-paragraph (2), cleaning, washing, spraying or coating of waste consisting of packaging or containers so that it can be reused if the total quantity of such waste so dealt with at any place does not exceed 1,000 tonnes in any period of seven days.
(2) An operation does not fall within this paragraph if the cleaning, washing, spraying or coating falls within Part B of Section 6.4 (coating activities and printing) of Part 2 of Schedule 1.
(3) Storing waste in connection with the carrying on of an operation described in sub-paragraph (1) at the place where the operation is carried on unless—
(a) the total quantity of such waste stored at that place exceeds 1,000 tonnes; or
(b) more than 1 tonne of metal containers used for the transport or storage of any chemical are dealt with in any period of seven days.
5.—(1) Burning waste as a fuel in an appliance if—
(a) the appliance has a net rated thermal input of less than 0.4 megawatts; or
(b) the appliance is used together with other appliances (whether or not it is operated simultaneously with such other appliances) and the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.
(2) Secure storage of waste intended to be submitted to such burning.
(3) In this paragraph, “net rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.
6.—(1) Treatment with sludge of land which is not agricultural land within the meaning of the 1989 Regulations if—
(a) it results in—
(i) ecological improvement, or
(ii) in the case of the treatment of land used for non-food crops not grown in short term rotation with food crops, benefit to agriculture;
(b) it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1989 Regulations to exceed the limit specified in column 2 of that table; and
(c) no more than 250 tonnes of sludge per hectare is used on the land in any period of 12 months.
(2) Storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge intended to be used for such treatment if—
(a) the sludge is stored at the place where it is to be used;
(b) the sludge is stored at least—
(i) 10 metres from any watercourse,
(ii) 50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes, and
(iii) 250 metres from any borehole used to supply water for domestic or food production purposes;
(c) no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used to supply water for domestic or food production purposes;
(d) no sludge is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon;
(e) no sludge is stored for a period of more than 12 months; and
(f) no more than 1,250 tonnes of sludge is stored at any one time.
(3) In this paragraph “sludge” means residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters.
7.—(1) Subject to sub-paragraph (5), treatment of land used for agriculture with any 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 where such treatment results in benefit to agriculture or ecological improvement.
(2) Subject to sub-paragraph (5), treatment with a kind of waste specified in column 2 of Part 1 of the Table in sub-paragraph (3) from the corresponding source specified in column 1 of Part 1 of that Table of—
(a) operational land of a railway, light railway, water undertaker, internal drainage board, British Waterways Board or the Agency; or
(b) land which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, churchyard or cemetery,
where the land in question is not used for agriculture and such treatment results in ecological improvement.
(3) The Table referred to in sub-paragraphs (1) and (2) is set out below.
| Column 1 | Column 2 |
|---|---|
| Source of Waste | Kind of Waste |
| PART 1 | |
| Wastes from forestry, aquaculture, horticulture and fishing | Plant-tissue waste |
| Wastes from sugar processing | Soil from cleaning and washing beet |
| Wastes from wood processing and the production of panels and furniture | Waste bark and cork Sawdust shavings, cuttings, wood and particle board |
| Wastes from pulp, paper and cardboard production and processing | Waste bark and wood, pulp from virgin timber |
| Soil (excluding excavated soil from contaminated sites), stones and dredging spoil | Soil and stones |
| Wastes from aerobic treatment of solid wastes | Compost of biodegradable garden and park waste |
| Garden and park wastes (including cemetery waste) | Biodegradable waste Soil and stones |
| PART 2 | |
| Wastes from the preparation and processing of meat, fish and other foods of animal origin | Blood and gut contents from abattoirs, poultry preparation plants or fish preparation plants Wash waters and sludges (with or without treatment) from abattoirs, poultry preparation plants or fish preparation plants Shells from shellfish processing |
| Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation | All wastes derived from the processing of such materials |
| Wastes from sugar processing | All wastes derived from the processing of sugar |
| Wastes from the dairy products industry | Wastes derived from the processing of dairy products |
| Wastes from the baking and confectionery industry | All wastes derived from the processing of raw materials used in the baking and confectionery industry |
| Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) | All wastes derived from the processing of the raw materials used in the production of such beverages |
| Wastes from pulp, paper and cardboard production and processing | De-inked paper sludge and de-inked paper pulp from paper recycling Lime mud waste |
| Wastes from the leather and fur industry | Sludges from on-site effluent treatment free of chromium |
| Wastes from the textile industry | Organic matter from natural products Wastes from finishing other than those containing organic solvents Sludges from on-site effluent treatment Wastes from textile fibres |
| Wastes from the manufacture of cement, lime and plaster and articles and products made from them | Wastes from calcinations and hydration of lime Gypsum |
| Wastes from power stations and other combustion plants | Gypsum |
| Soil (including excavated soil from contaminated sites), stones and dredging spoil | Dredging spoil (other than those containing dangerous substances) |
| Wastes from aerobic treatment of waste | Compost derived from source segregated biodegradable waste Liquor from aerobic treatment of source segregated biodegradable waste Digestate from aerobic treatment of source segregated biodegradable waste |
| Wastes from anaerobic treatment of waste | Compost derived from source segregated biodegradable waste Liquor from anaerobic treatment of source segregated biodegradable waste Digestate from anaerobic treatment of source segregated biodegradable waste |
| Wastes from the preparation of water intended for human consumption or water for industrial use | Sludges from water clarification |
(4) Secure storage, at the place where it is to be used, of not more than 1,250 tonnes of waste intended to be used for a treatment falling within sub-paragraph (1) or (2), if—
(a) the waste is stored at a distance of at least—
(i) 10 metres from any watercourse,
(ii) 50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes, and
(iii) 250 metres from any borehole used to supply water for domestic or food production purposes;
(b) no waste is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon; and
(c) the waste is stored for no more than 12 months.
(5) An operation only falls within sub-paragraph (1) or (2) if—
(a) it is carried on in relation to an area of land of 50 hectares or less;
(b) no more than the following quantities of waste are used on the land in any period of 12 months—
(i) in the case of sugar beet soil, 1,500 tonnes per hectare,
(ii) in the case of dredging spoil from inland waters, 5,000 tonnes per hectare, or
(iii) in the case of any other waste, no more than 250 tonnes per hectare; and
(c) the operation is carried on in accordance with any requirements imposed by—
(i) in England, the Animal By-Products Regulations 2005(62);
(ii) in Wales, the Animal By-Products (Wales) Regulations 2006(63).
(6) In this paragraph—
(a) “agriculture” has the meaning given by section 109 of the Agriculture Act 1947(64);
(b) “operational land” in relation to an internal drainage board means land which is held for the purpose of carrying out its functions as an internal drainage board.
8.—(1) Storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge which is to be used in accordance with the 1989 Regulations if—
(a) the sludge is stored at the place where it is to be used;
(b) the sludge is stored at a distance of at least—
(i) 10 metres from any watercourse,
(ii) 50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes, and
(iii) 250 metres from any borehole used to supply water for domestic or food production purposes;
(c) no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used to supply water for domestic or food production purposes;
(d) no sludge is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon;
(e) no sludge is stored for a period of more than 12 months; and
(f) no more than 1,250 tonnes of sludge is stored at any one time.
(2) In this paragraph “sludge” means residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters.
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 1 | Column 2 |
|---|---|
| Source of Waste | Kind 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 processing | Soil 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 products | Waste ceramics, bricks, tiles and construction products (after thermal processing) |
| Wastes from manufacture of cement, lime and plaster and articles and products made from them | Waste 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 specified | Minerals (for example sand, stones) |
| Wastes from soil and groundwater remediation | Solid 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 spoil | Track 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 wastes | Compost |
| Wastes from waste water treatment plants | Sludges from treatment of urban waste water |
| Wastes from the preparation of water intended for human consumption or water for industrial use | Sludges from water clarification |
| Wastes from soil and groundwater remediation | Sludges 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(65);
(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).
10.—(1) Treatment within the curtilage of a water treatment works of—
(a) sludge from water clarification;
(b) sludge from decarbonation solutions;
(c) sludge from regeneration of solutions and ion exchanges; and
(d) waste water and bore-hole flushings,
arising from water treatment at the works if the total quantity of waste which is treated in any period of 12 months does not exceed 10,000 cubic metres.
(2) Secure storage of waste intended to be submitted to such treatment if that storage is at the works where the waste is produced.
(3) Subject to sub-paragraph (5)—
(a) any recovery operation carried on within the curtilage of a sewage treatment works (other than the recovery of sewage, sludge or septic tank sludge as an integral part of the operation of those works) in relation to a kind of waste specified in column 2 of the Table in sub-paragraph (4) from the corresponding source specified in column 1 of that Table; and
(b) secure storage within the curtilage of a sewage treatment works of waste intended to be subjected to such a recovery operation.
(4) The Table referred to in sub-paragraph (3) is set out below.
| Column 1 | Column 2 |
|---|---|
| Source of Waste | Kind of Waste |
| Wastes from other sewage treatment works | Screenings Sludges from treatment of urban waste water |
| Other municipal wastes | Septic tank sludge Cesspool waste and other sewage sludge Waste from sewage cleaning |
| Wastes from the preparation of water intended for human consumption or for industrial use | Sludges from water clarification Sludges from decarbonation Solutions and sludges from regeneration of ion exchangers |
(5) An operation does not fall within sub-paragraph (3) unless—
(a) the total quantity of waste brought to the sewage treatment works in any period of 12 months does not exceed 100,000 cubic metres; and
(b) the operation is carried out on an area with an impermeable pavement capable of containing any spillage of waste received and connected to a drainage system with impermeable components which does not leak and which will ensure that—
(i) no liquid will run off the pavement otherwise than via the system, and
(ii) except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.
(6) In this paragraph—
“sludge” (in relation to sewage) means residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters;
“septic tank sludge” means residual sludge from septic tanks and other similar installations for the treatment of sewage.
11.—(1) Carrying on, at any place, an operation specified in column 2 of the Table in sub-paragraph (2) relating to a corresponding kind of waste listed in column 1 of that Table where—
(a) the operation is carried on with a view to the recovery or reuse of the waste, whether or not by the person carrying it on; and
(b) the total quantity of any particular kind of waste dealt with at that place does not in any period of 7 days exceed the corresponding limit specified in column 3 of that Table.
(2) The Table referred to in sub-paragraph (1) is set out below.
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Kind of waste | Operations | Limit (tonnes per week) |
| Waste paper or cardboard | Baling, sorting or shredding | 3,000 |
| Waste textiles | Baling, sorting or shredding | 100 |
| Waste plastic | Baling, sorting, shredding, densifying or washing | 100 |
| Waste glass | Sorting, crushing or washing | 1,000 |
| Waste steel cans, aluminium cans or aluminium foil | Sorting, crushing, pulverising, shredding, compacting or baling | 100 |
| Waste food or drink cartons | Sorting, crushing, pulverising, shredding, compacting or baling | 100 |
12.—(1) Subject to sub-paragraph (2), composting biodegradable waste at the place where the waste is produced or where the compost is to be used, or at any other place occupied by the person producing the waste or using the compost, if the total quantity of waste being composted at that place at any time does not exceed—
(a) in the case of waste composted or to be composted for the purposes of cultivating mushrooms, 10,000 cubic metres; and
(b) in any other case, 1,000 cubic metres.
(2) An operation does not fall within sub-paragraph (1) if it falls within paragraph (a) of Part B of Section 6.8 of Part 2 of Schedule 1.
(3) Storing biodegradable waste which is to be composted if that storage is at the place where the waste is produced or is to be composted.
(4) In this paragraph, “composting” includes any biological transformation process that results in materials which may be spread on land for the benefit of agriculture or ecological improvement.
13.—(1) Manufacturing timber products, straw board, plasterboard, bricks, blocks, roadstone or aggregate from—
(a) waste which arises from demolition or construction work or tunnelling or other excavations; or
(b) waste which consists of ash, slag, clinker, rock, wood, bark, paper, straw or gypsum.
(2) Manufacturing soil or soil substitutes from any of the wastes listed in sub-paragraph (1) if—
(a) the manufacture is carried out at the place where either the waste is produced or the manufactured product is to be applied to land; and
(b) the total amount manufactured at that place on any day does not exceed 500 tonnes.
(3) Treatment of waste soil or rock which, when treated, is to be spread on land under paragraph 7 or 9, if—
(a) it is carried out at the place where the waste is produced or the treated product is to be spread; and
(b) the total amount treated at that place in any day does not exceed 100 tonnes.
(4) Storage of waste which is to be submitted to any operation falling within sub-paragraphs (1) to (3) if—
(a) the waste is stored at the place where the operation is to be carried on; and
(b) the total quantity of waste stored at that place does not exceed—
(i) in the case of the manufacture of roadstone from road planings, 50,000 tonnes, and
(ii) in any other case, 20,000 tonnes.
14.—(1) Manufacturing finished goods from any of the following kinds of waste—
(a) metal;
(b) plastic;
(c) glass;
(d) ceramics;
(e) rubber;
(f) textiles;
(g) wood;
(h) paper; or
(i) cardboard.
(2) Storing any such waste intended to be used in such manufacturing if—
(a) the waste is stored at the place of manufacture; and
(b) the total amount of any particular kind of waste stored at that place at any time does not exceed 15,000 tonnes.
15.—(1) Subject to sub-paragraph (3), the beneficial use of waste if—
(a) the waste is put to that use without further treatment; and
(b) that use does not involve the disposal of the waste.
(2) Storing waste intended to be used for such beneficial use to the extent that the storage does not amount to disposal of the waste.
(3) An operation does not fall within this paragraph if it falls within a description in paragraph 7, 9, 10, 11, 19 or 25.
16.—(1) Disposal of agricultural waste consisting of non-hazardous pesticide solution or washings in a lined biobed at the place of production of the waste if—
(a) every part of the place where the activity is carried out is surfaced with an impermeable pavement provided with a sealed drainage system so that all liquids are directed into the biobed;
(b) the biobed is located at a secure place at least—
(i) 10 metres from a watercourse, and
(ii) 50 metres from a spring, well or borehole;
(c) the lining of the biobed is impermeable;
(d) the biobed is suitable for treatment of the waste;
(e) the biobed is covered with turf; and
(f) the total quantity of waste being treated does not exceed 15,000 litres in any period of 12 months.
(2) Secure covered storage of not more than 1,500 litres of waste at the place where it is intended to be so disposed of.
(3) Treatment of land used for agriculture with agricultural waste consisting of biobed material where such treatment results in benefit to agriculture or ecological improvement if—
(a) the biobed material is stored securely for 12 months before it is spread;
(b) the biobed material consists of a mixture of straw, compost and biologically active soil;
(c) the land is at least—
(i) 10 metres from a watercourse, and
(ii) 50 metres from a spring, well or borehole;
(d) at the start of the treatment and at any time during the treatment—
(i) the land has not been frozen for 12 or more hours during the preceding 24 hours, and
(ii) the land is not waterlogged, flooded or snow-covered;
(e) the operation is carried out in accordance with any requirement imposed by an action programme under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998(66); and
(f) the total quantity of waste used does not exceed 50 tonnes per hectare in any period of 12 months.
(4) Secure storage at the place of production of waste that is intended to be so treated if—
(a) no more than 50 cubic metres is stored at any one time; and
(b) no waste is stored for more than 3 years.
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The Environmental Permitting (England and Wales) Regulations 2007