Office of Public Sector Information
SCHEDULE 3 continued PART 1 continued
17.—(1) Storage in a secure place on any premises of waste of a type listed in the Table in sub-paragraph (2) if—
(a) the waste is stored for the purpose of its recovery;
(b) the total quantity of any particular type of waste stored on those premises at any time does not exceed the corresponding storage limit specified in the Table;
(c) the period for which any particular type of waste is stored on those premises does not exceed the corresponding limits specified in the Table;
(d) in the case of hazardous waste, the waste is stored on an impermeable surface;
(e) in the case of any solvents, chlorofluorocarbons, hydrochlorofluorocarbons, hydrofluorocarbons, paints or edible oil, the waste is stored in sealed leak proof containers; and
(f) each kind of waste listed in the Table and stored on those premises is kept separately.
(2) The Table referred to in sub-paragraph (1) is set out below.
| Kind of Wastea | Maximum quantity stored at one time | Maximum duration of storage |
|---|---|---|
a
Where a description of a waste follows a 6 digit code, only that kind of waste falling within the code is included |
||
| 02 01 02, 02 02 02 (mammalian protein) | 60,000 tonnes | 12 months |
| 02 01 02, 02 02 02 (mammalian tallow) | 45,000 tonnes | 12 months |
| 10 11 12, 15 01 07, 16 01 20, 17 02 02, 19 12 05, 20 01 02 (glass) | 5,000 tonnes | 12 months |
| 14 06 01* (chlorofluorocarbons, hydrochlorofluorocarbons and hydrofluorocarbons) | 18 tonnes | 6 months |
| 14 06 02*, 14 06 03*, 20 01 13* (solvents and solvent mixtures) | 5 cubic metres | 6 months |
| 15 01 01, 19 12 01, 20 01 01 (paper and cardboard) | 15,000 tonnes | 12 months |
| 15 01 01, 19 12 01, 20 01 01 (cartons) | 500 tonnes | 12 months |
| 15 01 02, 20 01 39 (plastic) | 500 tonnes | 12 months |
| 15 01 04, 20 01 40 (cans and foil) | 500 tonnes | 12 months |
| 16 01 03 (tyres) | 1,000 tyres | 12 months |
| 17 01 01 to 17 08 02 except for 17 03 02, 17 05 04, 17 05 06 and 17 05 08 (non-hazardous construction and demolition waste articles which are to be used for construction work and are capable of being used in their existing state) | 100 tonnes | 12 months |
| 15 01 03, 17 02 01, 17 02 04*, 20 01 37*, 20 01 38 (wood including telegraph poles and railway sleepers) | 100 tonnes | 12 months |
| 15 01 09, 19 12 08, 20 01 10, 20 01 11 (textiles and clothes) | 1,000 tonnes | 12 months |
| 20 01 25 (edible oil) | 500 tonnes | 12 months |
| 20 01 27*, 20 01 28 (paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins) pending re-use as paint) | 10,000 litres | 6 months |
18.—(1) The storage on any premises in a secure container or containers of waste of a kind listed in the Table in sub-paragraph (2) if—
(a) the storage capacity of the container or containers does not exceed 400 cubic metres in total;
(b) there are no more than 20 containers on those premises;
(c) the waste is stored for the purpose of recovery;
(d) each kind of waste listed in the Table and stored on the premises is kept separately;
(e) the waste is not stored on the premises for longer than—
(i) in the case of hypodermic syringes and sharps, 1 month,
(ii) in any other case, 12 months;
(f) the person storing the waste is the owner of the container or has the consent of the owner; and
(g) the other requirements specified in relation to that kind of waste in the Table are met.
(2) The Table referred to in sub-paragraph (1) is set out below.
| Kind of Wastea | Other requirements |
|---|---|
a
Where a description of a waste follows a 6 digit code, only that kind of waste falling within the code is included. |
|
| 13 01 09* to 13 07 01* except 13 03 01* to 13 03 10* and 13 05 01* to 13 05 08* (waste oils) | The waste is stored at a distance of at least 10 metres from any inland or coastal waters and 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply; The storage capacity of any container or containers used for the waste does not exceed 3 cubic metres in total; Provision is made to prevent oil escaping into the ground. |
| 15 01 01, 20 01 01 (cartons) | |
| 15 01 02, 20 01 39 (plastics and plastic packaging) | |
| 15 01 04, 20 01 40 (cans and foil) | |
| 20 01 99 (hypodermic syringes and sharps) | The storage capacity of the container or containers used for the waste does not exceed 2 cubic metres in total |
| 15 01 01, 20 01 01 (paper and cardboard) | |
| 15 01 07, 20 01 02 (glass) | |
| 15 01 09, 20 01 10, 20 01 11 (textiles and clothes) | |
| 20 01 33* (sorted or unsorted separate collections of batteries containing hazardous batteries) | |
| 20 01 34 (sorted or unsorted separate collections of batteries not containing hazardous batteries) | |
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(67); 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 1 | Column2 |
|---|---|
| Source of Waste | Kind 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 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 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 industry | Unprocessed slag |
| Wastes from the casting of ferrous and non ferrous pieces | Furnace slag |
| Wastes from the manufacture of ceramic goods, bricks, tiles and construction pieces | Waste ceramics, bricks, tiles and construction products (after thermal processing) |
| Wastes from the manufacture of cement, lime and plaster and articles and products made from them | Waste 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 waste | Bottom ash and slag |
| Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified | Minerals (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 products | Road 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(68), the 1991 Act or the 1995 Act; and
“relevant work” means work for the construction, maintenance or improvement of—
a building or a highway, railway, airport, dock or other transport facility;
recreational facilities; or
drainage,
but does not include work involving land reclamation.
20.—(1) Laundering or otherwise cleaning waste textiles with a view to their recovery or reuse.
(2) Storing waste textiles at the place where they are to be so laundered or cleaned.
21.—(1) Subject to sub-paragraph (2),—
(a) chipping, shredding, cutting or pulverising waste plant matter, including wood or bark; or
(b) sorting and baling sawdust or wood shavings,
on any premises.
(2) An operation does not fall within sub-paragraph (1) unless—
(a) it is carried on for the purposes of recovery or reuse; and
(b) no more than 1,000 tonnes of such waste is dealt with on those premises in any period of 7 days.
(3) Storage of waste in connection with an operation mentioned in sub-paragraph (1) at the premises where it is carried on if the total amount of waste stored at those premises does not at any time exceed 1,000 tonnes.
22.—(1) Recovery, at any premises, of silver from waste produced in connection with printing or photographic processing if no more than 50,000 litres of such waste are dealt with on those premises in any day.
(2) Storage, at those premises, of waste which is to be submitted to such a recovery operation.
23.—(1) The recovery of waste consisting of animal by-products at a collection centre—
(a) in England, in accordance with an authorisation under regulation 27 of the Animal By-Products Regulations 2005(69);
(b) in Wales, in accordance with an authorisation under regulation 27 of the Animal By-Products (Wales) Regulations 2006(70),
if the total quantity of waste being recovered at that collection centre at any time does not exceed 10 tonnes.
(2) Storage of the waste intended to be submitted to such a recovery operation if—
(a) storage takes place in a secure place; and
(b) no waste is stored for more than twelve months.
(3) In this paragraph—
(a) “animal by-product” has the same meaning as in regulation 2(1)(a) of Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption(71);
(b) “collection centre” has the same meaning as in paragraph 18 of Annex I to that Regulation.
24.—(1) Storage at the place where crushing is carried on of any waste bricks, tiles or concrete which is intended to be crushed if—
(a) the total quantity of such waste stored at that place at any time does not exceed 20,000 tonnes; and
(b) where the crushing is carried on otherwise than at the place where such waste is produced, the crushing is carried on with a view to the recovery or reuse of the waste.
(2) In this paragraph, “crushing” means crushing, grinding or other size reduction under an environmental permit to the extent it is an activity within paragraph (a) of Part B of Section 3.5 of Part 2 of Schedule 1.
25.—(1) Deposit of waste arising from dredging inland waters, or from clearing plant matter from inland waters, if—
(a) the waste is deposited along the bank or towpath of—
(i) the waters where the dredging or clearing takes place by the establishment or undertaking producing it, or
(ii) any inland waters so as to result in benefit to agriculture or ecological improvement;
(b) the total amount of waste so deposited on any day does not exceed 50 tonnes for each metre of the bank or towpath along which it is deposited; and
(c) the waste is not deposited in a container or lagoon.
(2) Treatment by screening or dewatering of such waste—
(a) on the bank or towpath of the waters where either the dredging or clearing takes place or the waste is to be so deposited, prior to the deposit;
(b) on the bank or towpath of the waters where the dredging or clearing takes place, or at a place where the waste is to be spread, prior to its being spread as an exempt waste operation falling within paragraph 7(1) or 7(2); or
(c) in the case of waste from dredging, on the bank or towpath of the waters where the dredging takes place, or at a place where the waste is to be spread, prior to its being spread as an exempt waste operation falling within paragraph 9(1).
26.—(1) Recovery or disposal of waste, at the place where it is produced, as an integral part of the process that produces it, except for final disposal by deposit in or on land.
(2) Storage, at the place where it is produced, of waste which is intended to be so recovered or disposed of.
27.—(1) Baling, compacting, crushing, shredding or pulverising waste at the place where it is produced.
(2) Storage, at the place where it is produced, of waste which is to be submitted to such an operation.
28.—(1) Mixing ash from the incineration of pig or poultry carcases at its place of production with manure for use in land treatment specified in sub-paragraph (2).
(2) Treatment of land used for agriculture with agricultural waste at the place of production where such treatment results in benefit to agriculture or ecological improvement if—
(a) the waste consists of ash from the incineration of pig or poultry carcases or such ash mixed with manure from an exempt waste operation falling within in sub-paragraph (1);
(b) the land is at least—
(i) 10 metres from a watercourse, and
(ii) 50 metres from a spring, well or borehole;
(c) 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;
(d) the activity is carried out in accordance with any requirement imposed by an action plan under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998(72);
(e) where the waste consists only of ash from the incineration of pig or poultry carcases, the waste is incorporated into the soil as soon as possible;
(f) the total quantity of ash incorporated into the soil does not exceed 150 kilogrammes per hectare in any period of 12 months; and
(g) the total quantity of nitrogen added to the soil as a result of the treatment does not exceed 250 kilogrammes per hectare in any period of 12 months.
(3) Secure storage of not more than 100 tonnes of waste intended to be used for such treatment.
29.—(1) Burning waste at the place where it is produced by the person producing it in any of the following plant with a capacity of less than 50kg per hour—
(a) an excluded plant within section 5.1 of Part 2 of Schedule 1;
(b) any other incinerator not being used to incinerate clinical waste, sewage sludge, sewage screenings or municipal waste.
(2) Secure storage at that place of that waste if it is intended to submit it to such burning.
30.—(1) Burning waste on land in the open if—
(a) the waste consists of plant tissue;
(b) it is agricultural waste or the waste is produced on—
(i) land which is operational land of a railway, a light railway, a tramway, an internal drainage board or the Agency,
(ii) land which is a forest, woodland, a park, a garden, a verge, a landscaped area, a sports ground, a recreation ground, a churchyard or a cemetery, or
(iii) other land as a result of demolition work;
(c) it is burned on the land where it is produced;
(d) the total quantity burned in any period of 24 hours does not exceed 10 tonnes; and
(e) the waste is burned by the establishment or undertaking producing it.
(2) Storing of such waste pending such burning, on the land where it is to be burned.
(3) Incorporation into soil of ash from cereal straw or cereal stubble burned as an exempt waste operation falling within sub-paragraph (1) if—
(a) the incorporation is on the land where the ash was produced; and
(b) the ash is incorporated in accordance with paragraph 10 of Schedule 2 to the Crop Residues (Burning) Regulations 1993(73).
(4) In this paragraph “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.
31. Discharging waste onto the track of a railway from a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on the railway if the discharge in question does not exceed 25 litres.
32. Burial on premises of waste arising from the use on those premises of a sanitary convenience which is equipped with a removable receptacle if the total amount buried in any period of 12 months does not exceed 5 cubic metres.
33. Keeping or depositing waste consisting of excavated materials arising from peatworking at the place where that operation takes place if the waste kept or deposited is produced by the establishment or undertaking carrying on the operation.
34. Keeping or depositing on land spent ballast at the place where it is produced if—
(a) the land is operational land of a railway, a light railway or a tramway;
(b) the total amount kept or deposited at that place does not exceed 10 tonnes for each metre of track from which the ballast derives; and
(c) the waste kept or deposited is produced by the establishment or undertaking carrying on the operation.
35.—(1) Depositing waste consisting of excavated material from a borehole or other excavation made for the purpose of mineral exploration if—
(a) it is deposited in or on land at the place where it is excavated;
(b) the total quantity of waste so deposited over any period of 24 months does not exceed 45,000 cubic metres per hectare; and
(c) the drilling of the borehole or the making of any other excavation is development for which planning permission has been granted by article 3 of, and Class A or B of Part 22 of Schedule 2 to, the Town and Country Planning (General Permitted Development) Order 1995(74) and the conditions subject to which the development is permitted are observed.
(2) Expressions used in this paragraph which are also used in the Town and Country Planning (General Permitted Development) Order 1995 have the same meaning as in that Order.
36.—(1) Treating land used for agriculture with agricultural waste where such treatment results in benefit to agriculture or ecological improvement if—
(a) the waste consists of dredged spoil (other than those containing dangerous substances) from farm ditches;
(b) 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; and
(c) the total quantity of waste used per hectare does not exceed 150 tonnes per hectare in any period of 12 months.
(2) Secure storage of not more than 200 tonnes of waste intended to be used for such treatment.
37.—(1) Depositing agricultural waste consisting of plant tissue at the place of production if—
(a) there is no more than 250 tonnes in any one deposit;
(b) the deposit is made on land which is at least—
(i) 10 metres from a watercourse, and
(ii) 50 metres from a spring, well or borehole;
(c) the deposit is not immediately adjacent to any other deposit made in carrying on an exempt waste operation falling within this paragraph;
(d) at the time the deposit is made the land—
(i) has not been frozen for 12 hours or more during the preceding 24 hours, and
(ii) is not waterlogged, flooded or snow-covered;
(e) the deposit 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; and
(f) the deposit is carried out in accordance with any requirements specified under a notice served under article 32 of the Plant Health (England) Order 2005(75) or article 32 of the Plant Health (Wales) Order 2006(76).
38. Depositing or storing samples of waste, including samples of waste which is hazardous waste, at any place where they are being or are to be tested or analysed, if the samples do not exceed 10 tonnes and are taken—
(a) in the exercise of any power under—
(i) the Radioactive Substances Act 1993(77),
(ii) the Control of Pollution Act 1974(78),
(iii) the 1990 Act,
(iv) the 1991 Act, or
(v) the Water Industry Act 1991(79);
(b) by or on behalf of the holder of an environmental permit;
(c) by or on behalf of a person carrying on in relation to the waste—
(i) an operation described in this Part, or
(ii) an excluded waste operation;
(d) by or on behalf of the owner or occupier of the land from which the samples are taken;
(e) by or on behalf of any person to whom section 34(1) of the 1990 Act(80) applies in connection with his duties under that section; or
(f) for the purposes of research.
39.—(1) Storing in secure containers at a pharmacy, pending its recovery there or elsewhere, medicines included in 18 01 08*, 18 01 09, 20 01 31* or 20 01 32 or hypodermic syringes included in 18 01 01 or 18 01 03*, which have been returned to the pharmacy from households or by individuals if—
(a) the total quantity of such waste at the pharmacy does not exceed 5 cubic metres at any time;
(b) any medicine or hypodermic syringe so returned to the pharmacy is not stored there for longer than 6 months; and
(c) the medicines and hypodermic syringes are stored separately.
(2) Storing in secure containers at the premises of a medical, nursing or veterinary practice waste of a kind described in sub-paragraph (3) produced in carrying on that practice if—
(a) the total quantity of that waste at the premises does not at any time exceed 5 cubic metres; and
(b) no such waste is stored at those premises for longer than three months.
(3) The kinds of waste referred to in sub-paragraph (2) are—
(a) hypodermic syringes and sharps included in 18 01 01, 18 01 03*, 18 02 01 or 18 02 02*;
(b) body parts and organs included in 18 01 02;
(c) general healthcare waste (other than hypodermic syringes and sharps) included in 18 01 03*, 18 01 04, 18 02 02* or 18 02 03;
(d) chemicals not consisting of or containing dangerous substances included in 18 01 07 or 18 02 06; and
(e) medicines included in 18 01 08*, 18 01 09, 18 02 07*, 18 02 08, 20 01 31* or 20 01 32.
40.—(1) Subject to sub-paragraph (6), carrying on, at any secure place in respect of WEEE of a kind described in the Table in sub-paragraph (2), the treatment operations of repair or refurbishment or both if—
(a) the operation is carried on with a view to the reuse of the WEEE for its original purpose;
(b) the best available treatment, recovery and recycling techniques are used when carrying on the operation;
(c) the total quantity of any particular kind of WEEE so dealt with at that place does not exceed the treatment limit specified in relation to that kind of WEEE in that Table; and
(d) the technical requirements specified in Annex III of the WEEE Directive are met.
(2) The Table referred to in sub-paragraph (1) is set out below.
| Kind of Waste | Storage Limits | Treatment Limits |
|---|---|---|
| 16 02 14 (WEEE other than those mentioned in 16 02 09 to 16 02 13) | 80 cubic metres | 5 tonnes per day |
| 20 01 36 (WEEE other than those mentioned in 20 01 21, 20 01 23 and 20 01 35) | 80 cubic metres | 5 tonnes per day |
(3) Subject to sub-paragraph (6), carrying on, at any secure place in respect of WEEE that is hazardous waste of a kind described in the Table in sub-paragraph (4), the treatment operations of repair or refurbishment or both, but not including the degassing and capture of ozone depleting substances, if—
(a) the operation is carried on with a view to the reuse of the WEEE for its original purpose;
(b) best available treatment, recovery and recycling techniques are used when carrying on the operation;
(c) the total quantity of any particular kind of WEEE so dealt with at that place does not exceed the treatment limit specified in relation to that kind of WEEE in that Table;
(d) the technical requirements specified in Annex III of the WEEE Directive are met; and
(e) the other requirements specified in relation to that kind of WEEE in that Table are met.
(4) The Table referred to in sub-paragraph (3) is set out below.
| Kind of Waste | Storage Limits | Treatment Limits | Other Requirements |
|---|---|---|---|
| 16 02 11* (WEEE containing chlorofluorocarbons, HCFC, HFC) and 20 01 23* (WEEE containing chlorofluorocarbons) | 80 cubic metres | 5 tonnes per day | Stored and treated in a manner that will prevent the release of the CFCs, HCFCs or HFCs |
| Televisions and computer monitors containing cathode ray tubes falling within 16 02 13* (WEEE containing hazardous components other than those mentioned in 16 02 09 to 16 02 12) and 20 01 35* (WEEE other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components) | 80 cubic metres | 5 tonnes per day |
(5) Subject to sub-paragraph (6), secure storage at the place where the operation is carried on of any WEEE of a kind described in the Tables in sub-paragraph (2) or (4) intended to be submitted to repair or refurbishment or both if—
(a) the total quantity of any particular kind of WEEE so dealt with at that place does not exceed the storage limit specified in relation to that kind of WEEE in those Tables;
(b) the technical requirements specified in Annex III of the WEEE Directive are met;
(c) the other requirements specified in relation to that kind of WEEE in the Table in sub-paragraph (4) are met;
(d) the WEEE is stored in such a manner that its environmentally sound reuse or recycling is not hindered; and
(e) no WEEE is stored at that place for more than 12 months.
(6) An operation does not fall within sub-paragraph (1), (3) or (5) at a place unless the person responsible for the management of that place has established administrative arrangements to ensure that—
(a) WEEE accepted at that place is of kind described in the Table in sub-paragraph (2) or the Table in sub-paragraph (4), as the case may be; and
(b) no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the conditions of the exemption.
(7) For the purposes of this paragraph, the storage and treatment limits specified in the Tables in sub-paragraphs (2) and (4) are overall limits that apply to all waste falling within the 6 digit code or codes specified in those Tables.
S.I. 2005/2347. Back [69]
S.I. 2006/1293 (W.127). Back [70]
OJ No. L 273, 10.10.2002, p1. Back [71]
S.I. 1998/1202, amended by S.I. 2002/1614, 2003/1852 (W.202). Back [72]
S.I. 1995/418, amended by S.I. 1999/293, 1999/1783, 2003/956, 2004/3156 (W. 273), 2006/1282, 2006/1386 (W. 136), and by the Utilities Act 2000 (c. 27), section 76(7); there are other amending instruments but none is relevant. Back [74]
S.I. 2005/2530, to which there are amendments not relevant to this instrument. Back [75]
S.I. 2006/1643 (W.158). Back [76]
1974 c. 40. Back [78]
Section 34(1) was amended by S.I. 2000/1973 and is amended by these Regulations. Back [80]
The Environmental Permitting (England and Wales) Regulations 2007