The Waste Management Licensing (Scotland) Regulations 2011

19.—(1) The storage on a site of any of the wastes listed in Table 11, if— S

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

(b) in the case of waste which is not produced on the site, it is not stored there for longer than 6 months;

(c) subject to paragraph (d), no more than 50,000 tonnes of the waste is stored on the site at any time; and

(d) in the case of waste tyre bales, no more than 100 tonnes of the waste is stored on the site at any time.

Table 11

1 Codes referred to in the European Waste Catalogue.
2 Wastes containing dangerous substances are not included.
3 The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.
Codes1	Types of waste
Wastes from physical and chemical processing of non-metalliferous minerals (01 04)
01 04 08	Waste gravel and crushed rocks2
01 04 09	Waste sand and clays
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 99	Clean shells3
Wastes from sugar processing (02 04)
02 04 01	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 ) (10 01)
10 01 02	Pulverised fuel ash3
10 01 99	Gypsum3
Wastes from the iron and steel industry (10 02)
10 02 02	Unprocessed slag
Wastes from casting of ferrous pieces (10 09)
10 09 03	Furnace slag
Waste from casting of non ferrous pieces (10 10)
10 10 03	Furnace slag
Wastes from manufacture of ceramic goods, bricks, tiles and construction products (10 12)
10 12 08	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 (10 13)
10 13 14	Waste concrete and concrete sludge
End-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08) (16 01)
16 01 03	Waste tyre bales3
Concrete, bricks, tiles and ceramics (17 01)
17 01 01	Concrete
17 01 02	Bricks
17 01 03	Tiles and ceramics
17 01 07	Mixtures of concrete, bricks, tiles and ceramics2
Bituminous mixtures, coal tar and tarred products (17 03)
17 03 02	Road base and road planings3
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04	Soil and stones3
17 05 06	Dredging spoil2
17 05 08	Track ballast2
Wastes from incineration or pyrolysis of waste (19 01)
19 01 12	Bottom ash and slag2
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03	Off-specification compost
Wastes from anaerobic treatment of waste (19 06)
19 06 04	Digestate consisting only of biodegradable waste3
19 06 06	Digestate from anaerobic treatment of animal and vegetable waste
Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting pelletising not otherwise specified) (19 12)
19 12 09	Minerals (for example sand, stones)
Wastes from soil and groundwater remediation (19 13)
19 13 02	Solid waste from soil remediation2
Garden and park wastes (including cemetery waste) (20 02)
20 02 02	Soil and stones

(2) The use of waste of a kind mentioned in paragraph (1) for the purposes of relevant work if—

(a) the waste is suitable for use for those purposes;

(b) the waste is used to a depth not exceeding the dimensions of the final cross sections shown on the plan submitted under regulation 25(2) or 26(2) of these Regulations;

(c) in the case of clean shells (within category 02 01 99 of the European Waste Catalogue), the shells from shellfish processing are treated in accordance with the Animal By Products (Scotland) Regulations 2003 and Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by products and derived products not intended for human consumption, as that Regulation is amended from time to time; and

(d) in the case of waste tyre bales, the amount stored at any time is no more than required to complete the work.

(3) In sub-paragraph (2), any baling of waste tyres must take place in accordance with British Standards Institution Publicly Available Specification 108 M1 .

(4) In this paragraph, “relevant work” means the use of waste—

(a) for the construction, maintenance or improvement of—

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

(ii) recreational facilities; or

(iii) drainage; or

(b) for engineering works relating to or adjacent to any part of the water environment,

but does not include work involving land reclamation.

(5) In sub paragraph (4)(a) (iii), the reference to “drainage” is a reference to drainage works within the meaning of section 18 of the Land Drainage (Scotland) Act 1958 M2 .

Marginal Citations

M1 ISBN no. 978 0 580 50349 8.

M2 1958 c.24, to which there are amendments not relevant to these Regulations.