The Waste Management Licensing (Scotland) Regulations 2011

45.—(1) The carrying on, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of depolluted motor vehicles, in respect of a kind of waste described in column 1 of Table 16, of any of the activities specified in column 2 of that Table in relation to that kind of waste if— S

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

(c) every part of that place upon which the activity 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 activity is maintained in reasonable working order.

Table 16

Kind of Waste	Activities	Seven day limit
Ferrous metals (within category 16 01 17 of the European Waste Catalogue) or ferrous alloys in metallic non-dispersible form (but not turnings, shavings or chippings of those metals or alloys)	Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment	8,000 tonnes
The following non ferrous metals (within category 16 01 18 of the European Waste Catalogue), namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non- dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys)	Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment	400 tonnes
Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories	Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment	300 tonnes
Depolluted motor vehicles	Dismantling, rebuilding, restoring or reconditioning	40 vehicles
Lead acid motor vehicle batteries (within category 16 06 01 of the European Waste Catalogue) (including those whose contents are special waste) not forming part of, nor contained in, a motor vehicle	Sorting	20 tonnes

(2) The storage, at any place designed or adapted for the recovery of scrap metal or the dismantling of depolluted motor vehicles, of waste of a kind listed in column 1 of Table 17 if—

(a) the waste is to be submitted to any of the activities specified in Table 16 in relation to that kind of waste, or to a recycling or reclamation operation authorised by a waste management licence or an authorisation granted under Part I of the 1990 Act or a permit granted under [F1 the 2012 Regulations];

(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 Table 17 in relation to that kind of waste;

(c) no waste is stored at that place for longer than 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 no longer than 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) in the case of depolluted motor vehicles, they are, where appropriate, stored on an impermeable pavement;

(g) subject to sub-paragraph (2)(f), 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; and

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

Table 17

Kind of waste	Maximum total quantity
Ferrous metals (within category 16 01 17 of the European Waste Catalogue) or ferrous alloys in metallic non- dispersible form (but not turnings, shavings or chippings of those metals or alloys)	50,000 tonnes
The following non-ferrous metals (within category 16 01 18 of the European Waste Catalogue), namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non-dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys)	1,500 tonnes
Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories	1,000 tonnes
Depolluted motor vehicles, stored where appropriate on an impermeable pavement	1000 vehicles
Lead acid motor vehicle batteries (within category 16 06 01 of the European Waste Catalogue) (including those whose contents are special waste) not forming part of, nor contained in, a motor vehicle	40 tonnes

(3) Sub-paragraph (1) or (2) only applies to the carrying on of an activity at a place if—

(a) the person responsible for the management of that place—

(i) has established administrative arrangements to ensure that—

(aa) waste accepted at that place is of a kind listed in Table 16 or, as the case may be, Table 17; and

(bb) 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; and

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

(b) the records required by paragraph 14 of Part I of Schedule 4 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.

(4) In the case of any waste batteries, sub-paragraphs (1) and (2) only apply if any treatment or storage of such batteries takes place in accordance with the treatment conditions.

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

(a) the non-scrap waste is not of a kind described in Table 17;

(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 depolluted motor vehicles; or

(ii) at least 95 per cent by weight was waste of any kind described in Table 17 other than depolluted 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 longer than 3 months;

(d) in a case 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.

(6) In Table 16, “shearing” means the cold cutting of metal by purpose-made shears, and “depolluted” in relation to waste motor vehicles has the meaning given in regulation 2 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003.

(7) For the purposes of this paragraph and paragraph 44, “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—

(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.

Textual Amendments

F1 Words in sch. 1 para. 45(2)(a) substituted (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 11 para. 24(8) (with reg. 71)