The Waste Management Licensing (England and Wales) (Amendment and Related Provisions) Regulations 2005

Composting biodegradable waste

13.—(1) For paragraph 12 of Schedule 3 substitute—

“12A.— (1) Subject to sub-paragraph (2) below—

(a) composting, by a method in a heading in Table 3B below, biodegradable waste of any kind of wastes from the corresponding source specified under the heading;

(b) chipping, screening, shredding, cutting, pulverising or storing such waste for the purpose of composting at the place where the composting activity is or is to be carried out; and

(c) screening and storing waste which has been composted at the place where it has been composted.

Table 3B

Source of Waste	Kind of Waste
Composting of waste by open air windrow composting without containment* and without any impermeable pavement or sealed drainage
Wastes from forestry, horticulture and aquaculture	Plant-tissue waste Waste from forestry exploitation Waste from clearing plant matter from inland waters
Wastes from wood processing and the production of panels and furniture	Wood (not containing dangerous substances) Waste bark and cork
Wastes from pulp, paper and cardboard production and processing	Waste bark and wood
Garden and park waste (including cemetery waste)	Biodegradable waste
Composting of waste by open air windrow composting without containment* on an impermeable pavement with sealed drainage
Wastes from zoos, animal parks, livestock markets and from the keeping of horses	Sludge from washing buildings or yards used for keeping livestock Effluent from animal faeces, urine, spoiled straw or manure Straw, wood or paper – based bedding waste, slurry or dirty waste from stables Animal faeces, urine, spoiled straw or manure
Wastes from wood processing and the production of panels and furniture	Shaving, cuttings, spoiled timber, particle board and veneer other than those containing dangerous substances
Packaging (including separately collected municipal packaging waste)	Paper and cardboard packaging
Wooden packaging Textile packaging
Separately collected fractions of municipal wastes (household waste and similar commercial, industrial and institutional wastes)	Paper and cardboard, clothes, textiles, wood (not containing dangerous substances), Biodegradable kitchen and canteen waste
Municipal wastes	Street cleaning residues
Composting of waste with containment*
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve productions; yeast and yeast extract productions, molasses preparation and fermentation	Sludges from washing, cleaning, peeling, centrifuging and separation Sludges from on-site effluent treatment plant matter
Wastes from the textile industry	Organic matter from natural products (e.g. grease, wax)
Soil (including excavated soil from contaminated sites), stones and dredging spoil	Soil and stones Dredging spoil
Wastes from aerobic treatment of solid wastes	Compost consisting only of biodegradable waste
Wastes from waste water treatment plants	Sludges from biological treatment of industrial waste water other than those containing dangerous substances Sludges from treatment of urban waste water Sludges from other treatment of industrial waste water other than those containing dangerous substances
Wastes from the preparation of water intended for human consumption or water for industrial use	Solid waste from primary filtration and screenings Sludges from water clarification
Municipal waste	Waste from markets

* composting in a vessel, in a sealed building or by some other process equally effective to produce a wholly contained environment.

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

(a) the total quantity of waste treated or stored at any time does not exceed 400 tonnes;

(b) the composting of waste complies with the requirements of the Community Regulation within the meaning of the Animal By-Products Regulations 2003; and

(c) the composting is not for the purpose of cultivating mushrooms.

(4) The secure storage of biodegradable waste which is to be composted in reliance upon sub-paragraph (1) at a place other than the place where such composting is or is to be carried on where—

(a) the waste is stored for a period not exceeding 48 hours and is to be taken directly from the storage site to that place; and

(b) the total quantity of waste stored does not exceed 10 tonnes.

(5) For the purposes of this paragraph and paragraph 12B—

“composting” means autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic or anaerobic and result in a stable sanitised material that can be applied to land for the benefit of agriculture or ecological improvement.”.

(2) after paragraph 12 insert—

“12B.— (1) Subject to sub-paragraph (2) below—

(a) composting biodegradable waste of any of the kinds of wastes from the sources listed according to the method described in Table 3B above for the purpose of cultivating mushrooms;

(b) chipping, screening, shredding, cutting, pulverising or storing such waste for the purpose of composting at the place where the composting activity is or is to be carried out; and

(c) screening and storing waste which has been composted at the place where it has been composted.

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

(a) the total quantity of waste treated or stored at any time does not exceed 2500 tonnes; and

(b) the composting of waste complies with the requirements of the Community Regulation within the meaning of the Animal By-Products Regulations 2003.”.