United Kingdom Statutory Instruments

" (iv) the scores which result from any risk appraisal relating to a site which is the subject of a waste management licence;".

" (d) plant for the treatment of clinical waste;";

(b) after sub-paragraph (e) insert—

" (f) plant for the dewatering of muds, sludges, soils and dredgings;

(g) plant for the treatment by lime stabilisation of sludge;

(h) plant for the treatment of contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters;"; and

(c) after paragraph (2) insert—

(a) the appropriate registration authority has become aware that the undertaking or establishment has ceased to carry on the relevant activity;

(b) the activity is not being carried on in compliance with the conditions or limitations of the relevant paragraph in Schedule 3; or

(c) regulation 17(1) is disapplied in relation to the activity by virtue of any of the provisions in regulation 17(1A) to (4)."

(d) in paragraph (6), for sub-paragraphs (a) and (b) substitute—

" (a) in the case of a notifiable exempt activity, level 3 on the standard scale; and

(b) in any other case, level 2 on the standard scale."; and

(e) omit paragraph (7).

(a) a notice of its relevant particulars and such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for the purpose by the authority;

(b) such plans and other documents as the authority reasonably requires;

(c) the quantity of waste to be disposed of or recovered; and

(d) any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.

    (2) For the purposes of paragraph (1), the total area covered by a notice in relation to any exempt activity falling within paragraph 7A of Schedule 3 shall not exceed 50 hectares.

    (3) The information required under paragraph (1) above shall include a certificate prepared by a person with appropriate technical expertise containing such evidence as can reasonably be expected to demonstrate that, in relation to an exempt activity falling within paragraphs 7A, 8A or 9A(1)(b) of Schedule 3, the activity will result in benefit to agriculture or ecological improvement and will be consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part 1 of Schedule 4.

    (4) Where it receives notification pursuant to paragraph (1), the appropriate registration authority shall—

(a) enter the relevant particulars in the register; or

(b) before the end of the relevant period refuse to enter the relevant particulars in the register (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).

    (5) An establishment or undertaking which carries on a notifiable exempt activity and wishes to maintain its entry on the register must, within 12 months of the date that the particulars were entered or last renewed, provide to the appropriate registration authority a renewal notice including—

(a) a notice confirming that it continues to carry on the exempt activity together with such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for that purpose by the authority;

(b) such plans or other documents as the authority may reasonably require;

(c) the quantity of waste to be disposed of or recovered; and

(d) any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.

    (6) An establishment or undertaking which wishes to dispose of or recover a quantity of waste which exceeds the amount notified by it to the appropriate registration authority shall provide a revised notification under paragraph (1) (including any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995).

    (7) The appropriate registration authority shall remove from the register an entry in relation to an establishment or undertaking which carries on a notifiable exempt activity if—

(a) it has not received a renewal notice in accordance with paragraph (5) within 12 months of the date on which the particulars were entered into the register or were last renewed; or

(b) it has decided to refuse to renew a registration in response to such a notice within the relevant period (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).

    (8) Subject to paragraph (9), an establishment or undertaking carrying on a notifiable exempt activity shall keep records of the quantity, nature, origin, and where relevant destination and treatment method of all waste disposed of or recovered in the course of that activity.

    (9) Paragraph (8) does not apply in relation to the carrying on of an exempt activity under—

(a) paragraph 9A of Schedule 3 at any place where the quantity of waste recovered in reliance on the exemption at that place is less than 2,500 cubic metres; or

(b) paragraph 19A of Schedule 3 at any place where the quantity of waste recovered in reliance on the exemption at that place is less than 2,500 tonnes.

    (10) Records kept under paragraph (8) shall be kept for a period of at least two years in such form as to show for each month the total quantity of waste disposed of or recovered at that place during that month, and during those two years shall be made available to the appropriate registration authority on request.

    (11) An establishment or undertaking which carries on an exempt activity in breach of paragraph (6), (8) or (10) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

    (12) In this regulation, "the relevant period" means the period of 35 days beginning with the date of receipt of the notice by the authority (or such longer period as the appropriate registration authority and establishment or undertaking may agree in writing).".

(a) operational land of a railway, light railway, water undertaker, internal drainage board, British Waterways Board or the Environment Agency (where in relation to an internal drainage board "operational land" means land which is held for the purpose of carrying out its functions as an internal drainage board); 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.


Table 2(A)A

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

    (3) The secure storage, at the place where it is to be used, of not more than 1250 tonnes of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) or (2), if—

(a) the waste is stored at a distance of not less than—


(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; or

(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 twelve months.

    (4) Sub-paragraphs (1) and (2) apply only if—

(a) it results in ecological improvement, or in the case of the treatment of land used for non-food crops not grown in short term rotation with food crops, it results in 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 the table; and

(c) no more 250 tonnes of sludge per hectare is used on the land in any period of twelve months.

    (2) The 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 land treatment in reliance upon the exemption conferred by sub-paragraph (1) if—

(a) the sludge is stored at the place where it is to be used;

(b) no sludge is stored at a distance less than—


(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;

(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 twelve months; and

(f) no more than 1,250 tonnes of sludge is stored at any one time.

    (4) In this paragraph and paragraph 8B below—

(a) the spreading of any kind of wastes from the corresponding source listed in Part 1 of Table 2AA on any land; or

(b) the spreading of any kind of waste from the corresponding source listed in Part 2 of the Table on any land where that activity results in benefit to agriculture or ecological improvement.


Table 2AA


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)

    (2) Sub-paragraph (1) applies only where—

(a) sludges from water clarification;

(b) sludges from decarbonation solutions;

(c) sludges 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 twelve months does not exceed 10,000 cubic metres.

    (2) The secure storage of waste intended to be submitted to the activities mentioned in sub-paragraph (1) if that storage is at the works where the waste is produced.

    (3) Subject to sub-paragraphs (4) and (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 any of the kinds of wastes from the sources listed in Table 2AB; and

(b) the secure storage within the curtilage of a sewage treatment works of such waste intended to be recovered in reliance upon the exemption conferred by sub-paragraph (a).


Table 2AB


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

    (4) The total quantity of waste brought to a sewage treatment works in any period of 12 months shall not exceed 100,000 cubic metres.

    (5) The activity shall be 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—

(a) no liquid will run off the pavement otherwise than via the system; and

(b) 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) and "septic tank sludge" have the same meanings as in regulation 2(1) of the Sludge (Use in Agriculture) Regulations 1989.".

(a) the waste in question is suitable for use for the purposes of relevant work which will be carried on at the site;

(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 six months.


Table 4AB


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

* For the purposes of paragraphs (1) and (2), dredging spoil is only suitable for use in drainage works.

    (2) The use of any kind of waste from the corresponding source listed in Table 4AB 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 in or under the Town and Country Planning Act 1990; 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 regulation 18AA of these Regulations.

    (3) The 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.

    (4) In this paragraph, "relevant work" means work for the construction, maintenance or improvement of—

(a) a building, highway, railway, airport, dock or other transport facility;

(b) recreational facilities; or

(c) drainage

but does not include work involving land reclamation.

    (5) In this paragraph "drainage" means drainage carried out for the purposes of the Land Drainage Act 1991, the Water Resources Act 1991 or the Environment Act 1995.".