Office of Public Sector Information

Secure storage of WEEE

41.—(1) Secure storage at any place of WEEE of a kind described in the Table in sub-paragraph (2) if—

(a) the WEEE is stored for the purpose of its recovery elsewhere;

(b) the total quantity of any particular kind of WEEE stored at the site at any time does not exceed the storage limit specified in relation to that kind of WEEE in that Table;

(c) the total duration that any particular kind of WEEE is stored for does not exceed the duration limits specified in relation to that kind of WEEE in that Table;

(d) the type of containment specified in relation to that kind of WEEE in that Table are met; and

(e) the WEEE is stored in such a manner that its environmentally sound reuse or recycling is not hindered.

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

(3) Secure storage at any place of WEEE of a kind described in the Table in sub-paragraph (4) if—

(a) the WEEE is stored for the purpose of its recovery elsewhere;

(b) the total quantity of any particular WEEE stored at the site at any time does not exceed the storage limit specified in relation to that kind of WEEE in that Table;

(c) the total duration that any particular kind of WEEE is stored for does not exceed the duration limits specified in relation to that kind of WEEE in that Table;

(d) the type of containment and other requirements specified in relation to that kind of WEEE in that Table are met; and

(e) the WEEE is stored in such a manner that its environmentally sound reuse or recycling is not hindered.

(4) The Table referred to in sub-paragraph (3) is set out below.

(5) For the purposes of sub-paragraphs (1) and (3), the operation of storage must be taken to include the incidental sorting of waste of that kind.

(6) 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.

Crushing waste discharge lamps

42.—(1) Crushing waste discharge lamps (including fluorescent tubes which are hazardous waste within category 20 01 21*) for the purposes of volume reduction prior to collection , where the material is intended for recovery or reuse if—

(a) the operation is carried on in equipment designed for the purpose of volume reduction prior to collection;

(b) the operation is carried on solely for that purpose;

(c) the mercury concentration in emissions does not exceed 50 microgrammes/cubic metre; and

(d) the total quantity of lamps processed in any period of 24 hours does not exceed 3 tonnes.

(2) Secure storage of such lamps prior to crushing, or after crushing but prior to collection, if—

(a) the lamps are stored under weatherproof covering; and

(b) after crushing, the lamps are stored in a secure container.

Glass Manufacture and Production

43.—(1) Storage, at the place where the activity is carried out, of any waste glass which is intended to be used as part of the activity if—

(a) the total quantity of waste glass used as part of the activity does not exceed 600,000 tonnes in any period of 12 months; and

(b) the activity is carried on under an environmental permit.

(2) In this paragraph “activity” means an activity within Part B of Section 3.3 of Part 2 of Schedule 1.

Heating metals and metal alloys for the purpose of removing grease, oil or any other non-metallic contaminant

44.—(1) Subject to sub-paragraph (2), heating iron, steel, ferrous-alloys, non-ferrous metal or non-ferrous metal alloys—

(a) in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts; and

(b) for the purpose of removing grease, oil or any other non-metallic contaminant.

(2) An operation does not fall within sub-paragraph (1) if—

(a) it is the removal by heat of plastic or rubber covering from scrap cable, or any asbestos contaminant;

(b) in the case of a process involving the heating of iron, steel or ferrous-alloys, that process is an activity described in Section 2.1 (other than paragraph (d) of Part B) of Part 2 of Schedule 1; or

(c) in the case of a process involving the heating of any non-ferrous metal or non-ferrous metal alloy, that process is an activity described in Part A(1) or A(2) of Section 2.2 of Part 2 of Schedule 1.

(3) Secure storage of waste intended to be submitted to such heating if the waste or, as the case may be, any container in which the waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.

(4) In this paragraph—

“ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2 of Part 2 of Schedule 1;

“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;

“non-ferrous metal alloy” means an alloy which is not a ferrous alloy.

Recovery of scrap metal or the dismantling of waste motor vehicles

45.—(1) Subject to sub-paragraph (5), carrying on, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles, in respect of a kind of waste specified in column 1 of the Table in sub-paragraph (2), any of the corresponding operations specified in column 2 of that Table in relation to that kind of waste if—

(a) the total quantity of any particular kind of waste so dealt with at that place does not in any period of seven days exceed the limit specified in relation to that kind of waste in column 3 of that Table;

(b) the operation is carried on with a view to the recovery of the waste (whether or not that recovery is to be by the person carrying on the operation listed in that Table);

(c) every part of that place upon which the operation is carried out is surfaced with an impermeable pavement provided with a sealed drainage system; and

(d) the plant or equipment used in carrying on the operation is maintained in reasonable working order.

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

(3) Subject to sub-paragraph (5), storage, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles, of waste of a kind specified in column 1 of the Table in sub-paragraph (4) if—

(a) the waste is to be submitted to any of the operations specified in the Table in sub-paragraph (2) in relation to that kind of waste, or to a recycling or reclamation operation authorised by an environmental permit;

(b) the total quantity of waste of that kind stored at that place does not exceed the maximum total quantity specified in column 2 of the Table in sub-paragraph (4) in relation to that kind of waste;

(c) no waste is stored at that place for a period exceeding 12 months;

(d) each kind of waste is either stored separately or is kept in separate containers, but in a case where a consignment consisting of more than one kind of waste is delivered to that place, it may be stored unseparated at that place pending sorting for a period not exceeding 2 months;

(e) in the case of waste which is liquid or consists of motor vehicle batteries, it is stored in a secure container;

(f) subject to paragraph (g), the waste or, as the case may be, any container in which it is stored, is stored on an impermeable pavement which is provided with a sealed drainage system;

(g) in the case of waste motor vehicles, they are, where appropriate, stored on an impermeable pavement; and

(h) the height of any pile or stack of waste does not exceed 5 metres.

(4) The Table referred to in sub-paragraph (3) is set out below.

(5) An operation does not fall within sub-paragraph (1) or (3) at a place unless—

(a) the person responsible for the management of that place has established administrative arrangements to ensure that—

(i) waste accepted at that place is of a kind listed in the Table in sub-paragraph (2) or, as the case may be, the Table in sub-paragraph (4), and

(ii) no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the terms and conditions of the exemption;

(b) that person carries out a monthly audit to confirm compliance with the terms and conditions of the exemption;

(c) the records referred to in Article 14 of the Waste Framework Directive are kept in such a form as to show, for each month, the total quantity of each kind of waste recovered during that month at that place;

(d) details of the total quantity of each kind of waste recovered at that place during the preceding 12 months are sent annually to the exemption registration authority with the charge referred to in paragraph (f);

(e) an up to date plan of that place containing the details referred to in paragraph 6(2)(b) of Schedule 2 is sent annually to the exemption registration authority with the annual charge referred to in paragraph (f) below; and

(f) the charge prescribed for the purpose by a charging scheme under section 41 of the 1995 Act(81) is paid in respect of that place to the exemption registration authority by the due date which must be ascertained in accordance with sub-paragraph (6).

(6) For the purposes of ascertaining the due date in any year for payment of the charge referred in paragraph (5)(f) in respect of any place the exemption registration authority must serve notice in accordance with sub-paragraph (7) on the establishment or undertaking from which notice has been received by the exemption registration authority under paragraph 3(1)(b) of Schedule 2 in respect of that place.

(7) A notice required by sub-paragraph (6) must be served not later than 1 month before the anniversary of the date when the notice, plan and charge referred to in paragraph 6 of Schedule 2 were received by the exemption registration authority in respect of that place and must specify—

(a) the amount of the payment due;

(b) the method of payment;

(c) the date of such anniversary;

(d) that payment is due on that date or, if later, upon the day falling 1 month after the date of the notice; and

(e) the effect of payment not being made by the date on which it is due,

and the due date for payment of the annual fee for that year by that establishment or undertaking in respect of that place is the date specified for payment in the notice.

(8) Temporary storage of waste (in this sub-paragraph referred to as the “non-scrap waste”), pending its collection, at a secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles if—

(a) the non-scrap waste is not of a kind described in the Table in sub-paragraph (4);

(b) the non-scrap waste was delivered to that place as part of a consignment of waste of which—

(i) at least 70 per cent by weight was waste consisting of waste motor vehicles, or

(ii) at least 95 per cent by weight was waste of any kind described in the Table in sub-paragraph (4) other than waste motor vehicles,

and is capable of being separated from that waste by sorting or hand dismantling;

(c) the non-scrap waste is stored at that place for no more than 3 months;

(d) where the non-scrap waste is liquid, it is stored in a secure container; and

(e) the non-scrap waste or, as the case may be, the container in which the non-scrap waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.

(9) In this paragraph—

“depolluted”, in relation to waste motor vehicles, means subjected to all of the operations described in paragraph 3 of Annex I of the End-of-Life Vehicles Directive;

“shearing” means the cold cutting of metal by purpose-made shears;

“waste motor vehicle” has the meaning given in paragraph 2(1) of Schedule 11.

Burning plant tissue waste and wood at a dock

46.—(1) Subject to sub-paragraph (3), burning at a dock of waste consisting of—

(a) plant tissue waste; or

(b) wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets,

pursuant to a notice given under article 32 of the Plant Health (England) Order 2005(82) or article 32 of the Plant Health (Wales) Order 2006(83), if the waste is burned on a hardstanding, within a secure location at the dock where it was unloaded.

(2) Subject to sub-paragraph (3), storage at the dock where it was unloaded of waste intended to be so burned.

(3) An operation does not fall within this paragraph unless the total quantity of waste stored or burned, in any period of 24 hours, does not exceed 15 tonnes.

Treating land by the spreading of agricultural waste

47.—(1) Treating land used for agriculture with agricultural waste where such treatment results in benefit to agriculture or ecological improvement if—

(a) the waste is liquid milk;

(b) the land is at least—

(i) 10 metres from a watercourse, and

(ii) 50 metres from a spring, well or borehole;

(c) before the treatment the waste is diluted with not less than an equal quantity of water or slurry;

(d) at the time the treatment begins—

(i) the land has not been frozen for 12 hours or more 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(84);

(f) the land is treated at a rate of no greater than 50 cubic metres of the diluted waste per hectare per 24 hours;

(g) in any period of 4 weeks the land is treated only once; and

(h) the quantity of total nitrogen added to the soil as a result of the treatment does not exceed 250 kilogrammes per hectare in any period of twelve months.

(2) Secure storage or dilution of waste intended to be used for such treatment.

Pet burial

48.  Burial of a dead domestic pet in the garden of a domestic property where the pet lived unless—

(a) the dead domestic pet may prove hazardous to anyone who may come into contact with it; or

(b) the burial is carried out by an establishment or undertaking and the pet did not die at the property.