The Waste Management Licensing (Scotland) Regulations 2011

Regulations 2(1) and 17

SCHEDULE 1 S ACTIVITIES EXEMPT FROM WASTE MANAGEMENT LICENSING

1.—(1) The use, under a permit granted under [F1 the 2012 Regulations], of waste glass as part of an activity within Part B of Section 3.3 (the manufacture of glass and glass fibre) of Part 1 of Schedule 1 to [F1 the 2012 Regulations] if the total quantity of waste glass so used in that activity does not exceed 600,000 tonnes in any period of twelve months. S

(2) The storage, at the place where the activity is carried out, of any waste which is intended to be used in reliance upon the exemption conferred by sub paragraph (1).

Textual Amendments

F1 Words in sch. 1 para. 1(1) substituted (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations2012 (S.S.I. 2012/360), reg. 1(2), sch. 11 para. 24(8) (with reg. 71)

2.—(1) The operation, under a permit granted under [F2 the 2012 Regulations], of a scrap metal furnace with a design holding capacity of less than 25 tonnes to the extent that it is or forms part of an activity within paragraph (a) or (d) of Part B of Section 2.1 (ferrous metals) or paragraph (a) or (b) of Part B of Section 2.2 (non ferrous metals) of Part 1 of Schedule 1 to [F2 the 2012 Regulations]. S

(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub paragraph (1).

(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer) of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub paragraph (1).

Textual Amendments

F2 Words in sch. 1 para. 2(1) 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)

3.  The carrying on of any of the following operations— S

(a) burning as a fuel, under a permit granted under [F3 the 2012 Regulations], of—

(i) straw, poultry litter or wood;

(ii) waste oil listed in Table 1 (including waste oil which is special waste); or

(iii) solid fuel which has been manufactured from waste by a process involving the application of heat,

to the extent that it is or forms part of an activity within Part B of any Section of Part 1 of Schedule 1 to [F3 the 2012 Regulations];

(b) the secure storage on any premises of any wastes mentioned in sub paragraph (a), other than waste oil, which are intended to be burned as mentioned in that sub paragraph, and the feeding of such wastes into an appliance in which they are to be so burned;

(c) the secure storage of waste oil listed in Table 1 (including waste oil which is special waste) at the place where it is produced for a period not exceeding 12 months if the waste oil is intended to be submitted to an operation covered by the exemption conferred by sub paragraph (a); and provided that the total volume of that oil does not at any time exceed 23,000 litres;

(d) burning as a fuel, under an authorisation granted under a permit granted under [F3 the 2012 Regulations], of tyres to the extent that it is or forms part of an activity within Part B of Section 1.1 of Part 1 of Schedule 1 to [F3 the 2012 Regulations], and the shredding and feeding of tyres into an appliance in which they are to be so burned;

(e) the secure storage on any premises of tyres where—

(i) the tyres are intended to be submitted to an operation covered by the exemption conferred by sub paragraph (d);

(ii) the tyres are stored separately;

(iii) none of the tyres is stored on the premises for longer than 12 months; and

(iv) the number of the tyres stored on the premises does not at any time exceed 1,000.

Table 1

1 Codes referred to in the European Waste Catalogue.
2 Includes special waste.
Codes1	Types of waste
Waste hydraulic oils (13 01)
13 01 092	Mineral based chlorinated hydraulic oils
13 01 102	Mineral based non chlorinated hydraulic oils
13 01 112	Synthetic hydraulic oils
13 01 122	Readily biodegradable hydraulic oils
13 01 132	Other hydraulic oils
Waste engine, gear and lubricating oils (13 02)
13 02 042	Mineral-based chlorinated engine, gear and lubricating oils
13 02 052	Mineral-based non chlorinated engine, gear and lubricating oils
13 02 062	Synthetic engine, gear and lubricating oils
13 02 072	Readily biodegradable engine, gear and lubricating oils
13 02 082	Other engine, gear and lubricating oils
Waste insulating and heat transmission oils (13 03)
13 03 062	Mineral based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01 (insulating or heat transmission oils containing PCBs)
13 03 072	Mineral based non-chlorinated insulating and heat transmission oils
13 03 082	Synthetic insulating and heat transmission oils
13 03 092	Readily biodegradable insulating and heat transmission oils
13 03 102	Other insulating and heat transmission oils
Bilge oils (13 04)
13 04 012	Bilge oils from inland navigation
13 04 022	Bilge oils from jetty sewers
13 04 032	Bilge oils from other navigation
Waste of liquid fuels (13 07)
13 07 012	Fuel oil and diesel
13 07 022	Petrol
13 07 032	Other fuels (including mixtures)

Textual Amendments

F3 Words in sch. 1 para. 3(a)(d) 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)

4.—(1) The cleaning, washing, spraying or coating of waste consisting of packaging or containers so that it or they can be reused if the total quantity of such waste so dealt with at any place does not exceed 1,000 tonnes in any period of seven days. S

(2) The storage of waste in connection with the carrying on of any activities described in sub paragraph (1) if that storage is at the place where the activity is carried on unless—

(a) the total quantity of such waste stored at that place exceeds 1,000 tonnes; or

(b) more than one tonne of metal containers used for the transport or storage of any chemical are dealt with in any period of seven days.

5.— [F4 (1) Burning of biomass waste or animal carcasses to the extent that doing so is, or forms part of, an activity falling within paragraphs (a) or (b) of Part B of Section 5.1 of Part 1 of Schedule 1 to the 2012 Regulations.] S

(2) The secure storage of waste intended to be submitted to such burning.

(3) Sub-paragraphs (1) and (2) apply only where—

(a) the plant is not located in an air quality management area designated under section 83 of the 1995 Act; and

(b) the waste is stored and burned in accordance with the requisite planning permission (if any).

(4) The recovery, from waste vegetable oils (within category 20 01 25 of the European Waste Catalogue), of fuel for use in an engine of an aircraft, hovercraft, mechanically propelled vehicle, railway locomotive, ship or other vessel, or in appliances described in sub paragraph (1).

(5) The secure storage of—

(a) such waste vegetable oil prior to the carrying out of the fuel recovery process, and

(b) waste produced by the fuel recovery process.

(6) Sub paragraph (4) or, as the case may be, (5) applies only where—

(a) the fuel recovery process is conducted in equipment manufactured for this purpose;

(b) the total quantity of waste (including waste produced by the fuel recovery process) stored at any one time does not exceed 23,000 litres;

(c) no waste is stored for longer than 12 months;

(d) waste produced by the fuel recovery process is stored at the place where it is produced;

(e) accurate records (including information about sources, volumes and destinations) are maintained by the holder and processor of both the waste vegetable oil and the recovered fuel; and

(f) the fuel recovery process is not carried out for commercial purposes on an industrial scale, and in any case no more than 200 tonnes of recovered fuel is produced by the fuel recovery process in any calendar year.

Textual Amendments

F4 Sch. 1 para. 5(1) 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(7)(a) (with reg. 71)

6.—(1) Burning waste oil listed in Table 1 (including waste oil which is special waste) as a fuel in an engine of an aircraft, hovercraft, mechanically propelled vehicle, railway locomotive, ship or other vessel if the total amount burned of such waste does not exceed 2,500 litres an hour in any one engine. S

(2) The secure storage of waste oil (including waste oil which is special waste) intended to be so burned if the total quantity of oil stored does not at any time exceed 23,000 litres.

7.—(1) The treatment with any of the wastes listed in Table 2 of land used for agriculture where such treatment results in benefit to agriculture or ecological improvement. S

(2) The treatment with any of the wastes listed in Part I of Table 2 of—

(a) operational land of a railway, light railway, Scottish Water or British Waterways; 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

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
PART I Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03	Plant-tissue waste
Wastes from sugar processing (02 04)
02 04 01	Soil from cleaning and washing beet
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01	Waste bark and cork
03 01 05	Sawdust shavings, cuttings, wood, particle board3
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01	Waste bark and wood (including virgin pulp)
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04	Soil and stones2
17 05 06	Dredging spoil3
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03	Off-specification compost consisting only of biodegradable waste3
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
Garden and park wastes (including cemetery waste) (20 02)
20 02 01	Biodegradable waste
20 02 02	Soil and stones
PART II Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 99	Straw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets, animal faeces, urine and manure3
Wastes from the preparation and processing of meat, fish and other foods of animal origin (02 02)
02 02 03	Materials unsuitable for consumption or processing consisting of blood and gut contents from abattoirs, poultry preparation plants or fish preparation plants; wash waters and sludges from abattoirs, poultry preparation plants or fish preparation plants; and shells from shellfish processing3
02 03	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 under this category
02 04	Wastes from sugar processing– all wastes under this category
02 05	Wastes from production of dairy products3
02 06	Wastes from the baking and confectionery industry – all wastes under this category
02 07	Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) – all wastes under this category
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 09	Lime mud waste
03 03 11	Sludges from on-site effluent treatment plants treating only virgin paper wastes which contain no inks3
03 03 99	De-inked paper sludge from paper recycling, paper crumble derived from virgin pulp which contains no inks3
Wastes from the leather and fur industry (04 01)
04 01 07	Sludges, in particular from on-site effluent treatment free of chromium
Wastes from the textile industry (04 02)
04 02 10	Organic matter from natural products (for example grease, wax)
04 02 15	Wastes from finishing other than those containing organic solvents
04 02 20	Sludges from on-site effluent treatment2
04 02 21	Wastes from unprocessed textile fibres
04 02 22	Wastes from processed textile fibres
Wastes from the manufacture, formulation, supply and use (MFSU) of acids (06 01)
06 01 99	Gypsum3
Wastes from the manufacture, formulation, supply and use of fine chemicals and chemical products not otherwise specified (07 07)
07 07 12	Sludges from on site effluent treatment other than those containing dangerous substances
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 99	Gypsum3
Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13)
10 13 04	Gypsum3
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 06	Dredging spoil3
Wastes from anaerobic treatment of waste (19 06)
19 06 03	Liquor consisting only of biodegradable waste3
19 06 05	Liquor from anaerobic treatment of animal and vegetable waste
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 02	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), provided that—

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

(i) 10 metres from any inland or coastal waters;

(ii) 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply other than a domestic water supply; and

(iii) 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of a domestic water supply; and

(b) no waste is stored to the extent that the volume stored exceeds ninety per cent of the available capacity of the container or lagoon where the storage takes place.

(4) Sub paragraph (1) or (2) applies only if—

(a) no more than 250 tonnes or, in the case of dredgings from inland waters, 5,000 tonnes of waste per hectare are used on the land in any period of 12 months;

(b) in the case of sub-paragraph (1)—

(i) the land to be treated by the waste falls within a single farm; or

(ii) the total land to be treated does not exceed 50 hectares;

(c) in the case of sub-paragraph (2), the land to be treated does not exceed 50 hectares;

(d) the waste to be used has not been mixed with any material which does not itself provide benefit to agriculture or ecological improvement; and

(e) in the case of materials within category 02 02 03 of the European Waste Catalogue, as listed in Part II of Table 2 above, the waste is treated in accordance with F5 ... 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, [F6 as last amended by Council Regulation (EU) 1385/2013.]

(5) In this paragraph and in paragraphs 8 and 50, “domestic water supply” means a supply of water—

(a) for such domestic purposes as consist of or include, cooking, drinking, food preparation or washing; or

(b) for any purposes to premises of a food production undertaking.

(6) In this paragraph, “single farm” means a single agricultural holding including premises and fields associated with it which is managed as one unit for the purposes of the Integrated Administration and Control System for farm support.

(7) In this paragraph and in paragraph 12, “the Integrated Administration and Control System for Farm Support” means the common rules for direct support schemes for farmers established under Council Regulation 73/2009/EC, as that Regulation is amended from time to time.

Textual Amendments

F5 Words in sch. 1 para. 7(4) omitted (17.5.2012) by virtue of The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 5(5)(a)

F6 Words in sch. 1 para. 7(4)(e) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 16(5)(a)

8.—(1) The storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge which is intended to be used— S

(a) in accordance with the 1989 Regulations; or

(b) for land treatment in reliance upon the exemption conferred by sub paragraph (2).

(2) The treatment with sludge of land which is not agricultural land within the meaning of the 1989 Regulations 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 enhances the growth of those crops; and

(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 the corresponding entry in column 2 of the table.

(3) Sub paragraph (1) applies only if the following conditions are satisfied—

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

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

(i) 10 metres from any inland or coastal waters;

(ii) 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply other than a domestic water supply; and

(iii) 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of a domestic water supply;

(c) no sludge is stored to the extent that the volume stored exceeds ninety per cent of the available capacity of the container or lagoon where the storage takes place; and

(d) no sludge is stored for longer than 6 months.

(4) For the purpose of this paragraph, enhancement of crop growth or ecological improvement shall be construed in accordance with Schedule 2 to, and any guidance issued under regulation 17(11) of, these Regulations.

(5) In this paragraph—

(a) “the 1989 Regulations” means the Sludge (Use in Agriculture) Regulations 1989 M1 ;

(b) “domestic water supply” has the meaning given by paragraph 7(5); and

(c) “sludge” has the meaning given by regulation 2(1) of the 1989 Regulations, and “used”, in relation to sludge, has the meaning given by that regulation.

Marginal Citations

M1 S.I. 1989/1263, as relevantly amended by S.I. 1996/593 Schedule 2 paragraph 5(4) and 1996/973 Schedule 1 paragraph 9(4).

9.—(1) Subject to the following provisions of this paragraph— S

(a) the treatment of land (including the restoration of quarries) with any of the wastes listed in Part I of Table 3;

(b) the treatment of land (including the restoration of quarries) with any of the wastes listed in Part II of that Table where such treatment results in benefit to agriculture or ecological improvement;

(c) the secure storage, at the place where it is to be used and for a period not exceeding 6 months, of waste intended to be used in reliance upon the exemption conferred by paragraph (a) or (b).

Table 3

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
PART I 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 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 03	Fly ash from peat and untreated wood
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
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
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 08	Track ballast2
Wastes from anaerobic treatment of waste (19 06)
19 06 03	Liquor consisting only of biodegradable waste3
19 06 04	Digestate consisting only of biodegradable waste3
19 06 05	Liquor from anaerobic treatment of animal and vegetable waste
19 06 06	Digestate from anaerobic treatment of animal and vegetable waste
Wastes arising from waste water treatment plants not otherwise specified (19 08)
19 08 99	Wastes not otherwise specified (specifically stone filter media)
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 99	Wastes not otherwise specified (specifically slow sand filter sand)
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
PART II Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 05	De-inked sludges from paper recycling
03 03 07	De-inked paper pulp from paper recycling3
03 03 09	Lime mud waste
Wastes from the manufacture, formulation, supply and use of fine chemicals and chemical products not otherwise specified (07 07)
07 07 12	Sludges from on site effluent treatment other than those containing dangerous substances
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04	Soil and stones2
17 05 06	Dredging spoil2
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03	Off-specification compost consisting only of biodegradable waste3
Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 05	Sludges from treatment of urban waste water
19 08 99	Wastes not otherwise specified (specifically stone filter media)
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 02	Sludges from water clarification
19 09 99	Wastes not otherwise specified (specifically slow sand filter sand)
Wastes from soil and groundwater remediation (19 13)
19 13 04	Sludges from soil remediation2

(2) Sub paragraph (1) does not apply to the use of waste at a site designed or adapted for the final disposal of waste by landfill at any time when such disposal is the subject of a waste management licence or a permit granted under [F7 regulation 11 of the 2012 Regulations].

(3) Sub paragraph (1) applies only where—

(a) the waste is used for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man made development;

(b) the waste is suitable for use for the purposes mentioned in sub paragraph (a);

(c) the waste is used in accordance with the requisite planning permission (if any);

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

(e) the waste used does not exceed 20,000 cubic metres per hectare.

Textual Amendments

F7 Words in sch. 1 para. 9(2) 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(7)(b) (with reg. 71)

10.—(1) Subject to sub paragraph (4)— S

(a) the reception and treatment within the curtilage of a water treatment works of any of the wastes listed in Table 4 if the total quantity of waste which is treated in any period of 12 months does not exceed 100,000 cubic metres; and

(b) the secure storage within the curtilage of a water treatment works of waste intended to be treated in reliance on the exemption conferred by paragraph (a).

(2) Subject to the following provisions of this paragraph—

(a) any recovery operation carried on within the curtilage of a sewage treatment works of any of the wastes listed in Table 4;

(b) the secure storage within the curtilage of a sewage treatment works of waste intended to be submitted to the activity mentioned in paragraph (a).

Table 4

1 Codes referred to in the European Waste Catalogue.
Codes 1	Types of waste
Waste from waste water treatment plants not otherwise specified (19 08)
19 08 01	Screenings
19 08 05	Sludges from treatment of urban waste water
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 02	Sludges from water clarification
19 09 03	Sludges from decarbonation
19 09 06	Solutions and sludges from regeneration of ion exchangers
Other municipal wastes (20 03)
20 03 04	Septic tank sludge
20 03 99	Municipal waste not otherwise specified

(3) The total quantity of waste brought to a sewage treatment works for the purposes of a recovery operation in reliance upon the exemption covered by sub paragraph (2) in any period of 12 months shall not exceed 100,000 cubic metres.

(4) The area where a treatment or recovery operation takes place shall have 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 that system; and

(b) except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.

11.—(1) Carrying on at any place, in respect of waste of a kind listed in column 1 of Table 5, any of the activities specified in column 2 of that Table in relation to that kind of waste where— S

(a) the activity is carried on with a view to the recovery or reuse of the waste (whether or not by the person carrying on the activity listed in column 2 of that Table); and

(b) the total quantity of any particular kind of waste dealt with at that place does not in any period of 7 days exceed the limit specified in relation to that kind of waste in column 3 of that Table.

Table 5

1 includes special waste.
Kind of waste	Activities	Maximum total quantity (tonnes per week)
Waste paper or cardboard	Baling, sorting or shredding	3,000
Waste textiles	Baling, sorting or shredding	100
Waste plastic	Baling, sorting, shredding, densifying, pelletising or washing	100
Waste glass	Sorting, crushing or washing	1,000
Waste steel cans, aluminium cans or aluminium foil	Sorting, crushing, pulverising, shredding, compacting or baling	100
Waste food or drink cartons	Sorting, crushing, pulverising, shredding, compacting or baling	100
F8 . . .	F8 . . .	F8 . . .
Waste wood	Baling, compacting, sorting or shredding	1,000
Waste paint	Sorting, bulking or mixing	100
Waste batteries1	Sorting	10

(2) The storage of waste paints intended to be used in reliance on the exemption in sub-paragraph (1).

(3) In the case of any waste batteries, sorting must take place in accordance with the treatment conditions.

Textual Amendments

F8 Words in sch. 1 para. 11 omitted (30.3.2016) by virtue of The Waste Management Licensing (Scotland) Amendment Regulations 2016 (S.S.I. 2016/40), regs. 1(1), 2(2) (with reg. 3)

12.—(1) Subject to sub paragraph (3)— S

(a) composting biodegradable waste of a type listed in Table 6, other than for the purpose of cultivating mushrooms;

(b) chipping, shredding, cutting, pulverising, screening 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 any such waste which has been composted.

Table 6

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 agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03	Plant-tissue waste
02 01 06	Animal faeces, urine and manure (including spoiled straw)3
02 01 07	Wastes from forestry
02 01 99	Straw, wood or paper – based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets3
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 (02 03)
02 03 01	Sludges from washing, cleaning, peeling, centrifuging and separation
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01	Waste bark and cork
03 01 05	Sawdust, shavings, cuttings, wood2
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01	Waste bark and wood
Wastes from the textile industry (04 02)
04 02 10	Organic matter from natural products (e.g. grease, wax)
Packaging (including separately collected municipal packaging waste) (15 01)
15 01 01	Paper and cardboard packaging
15 01 03	Wooden packaging
15 01 09	Textile packaging
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03	Off-specification compost consisting only of biodegradable waste3
Separately collected fractions of municipal wastes (household waste and similar commercial, industrial and institutional wastes) (20 01)
20 01 01	Paper and cardboard
20 01 08	Biodegradable kitchen and canteen waste
20 01 10	Clothes
20 01 11	Textiles
Garden and park waste (including cemetery waste) (20 02)
20 02 01	Biodegradable waste
Other municipal wastes (20 03)
20 03 02	Botanical waste from markets3

(2) Composting any of the wastes listed in the first column of Table 6 for the purpose of cultivating mushrooms at the place where the waste is produced or where the compost is to be used, or at any other place occupied by the person producing the waste or using the compost, where the quantity of waste being composted at any one time does not exceed 2,500 tonnes.

(3) The total quantity of waste treated and stored under sub-paragraph (1) at any time shall not exceed, in relation to the composting activities referred to in the second column of Table 7, the quantity shown in the third column of that Table.

Table 7

1 Codes referred to in the European Waste Catalogue.
2 Containment in this context means composting in a vessel, in a sealed building or by some other process equally effective to produce a wholly contained and controlled environment.
Code and type of waste (as referred to in Table 6)1	Composting activity	Maximum total quantity (including storage and treatment)
Plant tissue waste 02 01 03	Open air windrow composting without containment2 and without any impermeable pavement or sealed drainage	400 tonnes
Wastes from forestry 02 01 07
Waste bark and cork 03 01 01
Biodegradable waste from gardens and park wastes (including cemetery waste 20 02 01)
All above wastes namely 02 01 03, 02 01 07, 03 01 01, 20 02 01 plus 02 01 06, 15 01 01, 15 01 09, 20 01 10 and 20 01 11	Open air windrow composting without containment2 on an impermeable pavement with sealed drainage	400 tonnes
Any type of waste referred to in Table 6	Composting with containment2 of waste	400 tonnes
Plant tissue waste 02 01 03	Open air windrow composting by a farm business of wastes arising within that business as defined for the purposes of the Integrated Administration and Control System for farm support without containment2 and without any impermeable pavement or sealed drainage	1,000 tonnes
Wastes from forestry 02 01 07
Waste bark and cork 03 01 01
Biodegradable waste from gardens and park wastes (including cemetery waste) 20 02 01
All above wastes namely 02 01 03, 02 01 07, 03 01 01, 20 02 01 plus 02 01 06, 15 01 01, 15 01 09, 20 01 10 and 20 01 11	Open air composting by a farm business of wastes arising within that business as defined for the purposes of the Integrated Administration and Control System for farm support without containment2 on an impermeable pavement with sealed drainage	1,000 tonnes
Any type of waste referred to in Table 6	Composting by a farm business of wastes arising within that business as defined for the purposes of the Integrated Administration and Control System for farm support with containment2 of waste	1,000 tonnes
Biodegradable kitchen and canteen waste 20 01 08	Composting in compliance with [F9 Article 10 of and Annex V of Commission Regulation (EU) 142/2011 implementing 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 and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive]	400 tonnes

(4) The secure storage of biodegradable waste which is to be composted in reliance upon the exemption conferred by sub paragraph (1) at a place other than the place where such composting is or is to be carried out 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;

(b) such storage is part of a scheme for the collection of waste from groups of premises; and

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

(5) For the purposes of this paragraph—

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

(b) the reference to “treated” waste includes waste which is undergoing maturation;

(c) “The Integrated Administration and Control System for farm support” has the meaning given by paragraph 7(7).

Textual Amendments

F9 Words in sch. 1 para. 12 substituted (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 5(5)(b)

13.—(1) The manufacture from— S

(a) waste which arises from demolition or construction work or tunnelling or other excavations; or

(b) waste which consists of ash, slag, clinker, rock, wood, bark, paper, straw, crushed glass, gypsum, digestate consisting only of biodegradable waste or compost consisting only of biodegradable waste,

of timber products, straw board, plasterboard, bricks, blocks, roadstone, soil, soil substitutes or aggregate.

(2) The treatment of waste soil or rock or digestate consisting only of biodegradable waste or compost consisting only of biodegradable waste which, when treated, is to be spread on land under paragraph 7 or 9, if—

(a) it is carried out at the place where the waste is produced or the treated product is to be spread; and

(b) the total amount treated at that place in any day does not exceed 100 tonnes.

(3) The storage of waste which is to be submitted to any of the activities mentioned in sub paragraphs (1) and (2) if—

(a) the waste is stored at the place where the activity is to be carried out; and

(b) the total quantity of waste stored at that place at any time does not exceed—

(i) in the case of the manufacture of roadstone from road planings, 50,000 tonnes; or

(ii) in any other case, 20,000 tonnes.

(4) In this paragraph—

“digestate” means a stable, sanitised material converted from the inputs to the process of controlled decomposition of waste under managed conditions where free oxygen is absent, at temperatures suitable for naturally occurring mesophilic or thermophilic anaerobe and facultative anaerobe bacteria species;

“compost” means a stable, sanitised material resulting from the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste in controlled aerobic conditions.

14.—(1) The manufacture of finished goods from any of the following kinds of waste, namely waste metal, plastic, glass, ceramics, rubber, textiles, wood, paper or cardboard. S

(2) The repair or refurbishment of waste goods if the activity is carried on with a view to the reuse of those goods for their original purpose.

(3) The storage of any waste intended to be used in reliance upon the exemption conferred by sub paragraph (1), or, as the case may be, (2), if—

(a) the waste is stored at the place where the manufacturing, repairing or refurbishment activity is to be carried out; and

(b) the total quantity of any particular kind of waste listed in sub-paragraph (1) stored at that place at any time does not exceed 15,000 tonnes.

15.—(1) The beneficial use of waste if— S

(a) it is put to that use without further treatment; and

(b) that use of the waste does not involve its disposal.

(2) The storage of waste intended to be used in reliance on the exemption conferred by sub-paragraph (1) above insofar as that storage does not amount to disposal of the waste.

(3) This paragraph does not apply to the use or storage of waste if that activity is covered by an exemption conferred by paragraph 7, 8, 9, 19 or 25, or would be so covered but for any condition or limitation to which that exemption is subject by virtue of any provision contained in the paragraph by which that exemption is conferred.

16.  The dry screening of any of the wastes listed in Table 8 if— S

(a) the waste is screened at the place where it is produced; and

(b) no more than 100 tonnes of waste is screened at that place in any one day.

Table 8

1 Codes referred to in the European Waste Catalogue.
Codes 1	Types of waste
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 ceramics other than those mentioned in 17 01 06
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04	Soils and stones other than those mentioned in 17 05 03
17 05 06	Dredging spoil other than those mentioned in 17 05 05
17 05 08	Track ballast other than those mentioned in 17 05 07

17.—(1) The storage in a secure place on any premises of waste of a kind described in column 1 of Table 9 if— S

(a) the total quantity of that kind of waste stored on those premises at any time does not exceed the quantity specified in column 2 of that Table in relation to that kind of waste;

(b) the waste is to be reused, or used for the purposes of—

(i) an activity described in paragraph 11; or

(ii) any other recovery operation;

(c) in the case of any waste batteries, storage takes place in accordance with the treatment conditions;

(d) each kind of waste listed in the Table stored on the premises is kept separately; and

(e) no waste is stored on the premises for longer than 12 months.

Table 9

1 Codes referred to in the European Waste Catalogue.
2 Includes special waste.
Kind of waste	Maximum total quantity
Waste paper or cardboard	15,000 tonnes
Waste textiles	1,000 tonnes
Waste plastics	500 tonnes
Waste glass	5,000 tonnes
Waste steel cans, aluminium cans or aluminium foil	500 tonnes
Waste food or drink cartons	500 tonnes
Waste paint within Codes1 20 01 272 and 20 01 28	25 cubic metres
Waste wood	1,000 tonnes
Waste articles which are to be used for construction work which are capable of being so used in their existing state	100 tonnes
Solvents within Codes1 14 06 022, 14 06 032 and 20 01 132	5 cubic metres
Batteries within Codes1 20 01 332 and 20 01 34	5 cubic metres
Refrigerants and halons within Code1 14 06 012 (chlorofluorocarbons, HCFC and HFC)	18 tonnes
F10 . . .	F10 . . .
Waste mammalian protein	60,000 tonnes
Waste mammalian tallow	45,000 tonnes

(2) In this paragraph—

“mammalian protein” means proteinaceous material, and

“mammalian tallow” means fat, which in each case is derived from the whole or part of any dead mammal by a process of crushing, cooking or grinding.

Textual Amendments

F10 Words in sch. 1 para. 17 omitted (30.3.2016) by virtue of The Waste Management Licensing (Scotland) Amendment Regulations 2016 (S.S.I. 2016/40), regs. 1(1), 2(3) (with reg. 3)

18.—(1) The secure storage on any premises of waste of a kind described in sub-paragraph (2) below if— S

(a) the storage capacity of the container or containers does not exceed 400 cubic metres in total;

(b) in the case of waste oil or waste vegetable oil listed in Table 10, the storage capacity of any container or containers used for its storage does not exceed 3 cubic metres in total, and provision is made to prevent oil escaping into the ground or a drain;

(c) there are no more than 20 containers on those premises;

(d) the waste will be reused, or used for the purposes of—

(i) any activity described in paragraph 11 carried on at those premises; or

(ii) any other recovery activity;

(e) in the case of any waste batteries, storage takes place in accordance with the treatment conditions;

(f) each kind of waste described in sub paragraph (2) stored on the premises is separately stored;

(g) no waste is stored on the premises for longer than 12 months; and

(h) the person storing the waste is the owner of the container or containers or has the consent of the owner of the container or containers to use them for that purpose.

(2) Sub paragraph (1) above applies to the following kinds of waste—

(a) any waste described in paragraph 17 other than waste solvents (within categories 14 06 02, 14 06 03 and 20 01 13 of the European Waste Catalogue), refrigerants or halons;

(b) waste oil or waste vegetable oil listed in Table 10 (including oil which is special waste).

Table 10

1 Codes referred to in the European Waste Catalogue.
2 Includes special waste.
Codes1	Types of waste
Waste hydraulic oils (13 01)
13 01 092	Mineral-based chlorinated hydraulic oils
13 01 102	Mineral based non-chlorinated hydraulic oils
13 01 112	Synthetic hydraulic oils
13 01 122	Readily biodegradable hydraulic oils
13 01 132	Other hydraulic oils
Waste engine, gear and lubricating oils (13 02)
13 02 042	Mineral-based chlorinated engine, gear and lubricating oils
13 02 052	Mineral-based non-chlorinated engine, gear and lubricating oils
13 02 062	Synthetic engine, gear and lubricating oils
13 02 072	Readily biodegradable engine, gear and lubricating oils
13 02 082	Other engine, gear and lubricating oils
Waste insulating and heat transmission oils (13 03)
13 03 062	Mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01 (insulating or heat transmission oils containing PCBs)
13 03 072	Mineral-based non-chlorinated insulating and heat transmission oils
13 03 082	Synthetic insulating and heat transmission oils
13 03 092	Readily biodegradable insulating and heat transmission oils
13 03 102	Other insulating and heat transmission oils
Bilge oils (13 04)
13 04 012	Bilge oils from inland navigation
13 04 022	Bilge oils from jetty sewers
13 04 032	Bilge oils from other navigation
Waste of liquid fuels (13 07)
13 07 012	Fuel oil and diesel
13 07 022	Petrol
13 07 032	Other fuels (including mixtures)
Separately collected fractions (except 15 01) (20 01)
20 01 25	Edible oil and fat

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 F11 ... 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, [F12 as last amended by Council Regulation (EU) 1385/2013]; 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 M2 .

(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 M3 .

Textual Amendments

F11 Words in sch. 1 para. 19(2) omitted (17.5.2012) by virtue of The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 5(5)(c)

F12 Words in sch. 1 para. 19(2)(c) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 16(5)(b)

Marginal Citations

M2 ISBN no. 978 0 580 50349 8.

M3 1958 c.24, to which there are amendments not relevant to these Regulations.

20.—(1) Laundering or otherwise cleaning waste textiles with a view to their recovery or reuse. S

(2) The storage of waste textiles at the place where they are to be so laundered or cleaned.

21.—(1) Chipping, shredding, cutting or pulverising waste plant matter (including wood or bark), or sorting and baling sawdust or wood shavings, on any premises if— S

(a) those activities are carried on for the purposes of recovery or reuse; and

(b) no more than 1,000 tonnes of such waste are dealt with on those premises in any period of 7 days.

(2) The storage of waste in connection with any activity mentioned in sub paragraph (1) at the premises where it is carried on if the total quantity of waste stored at those premises at any time does not exceed 1,000 tonnes.

22.—(1) The recovery at any premises of silver from waste produced in connection with printing or photographic processing if no more than 50,000 litres of such waste are dealt with on those premises in any day. S

(2) The storage at those premises of waste which is to be submitted to such a recovery operation as is mentioned in sub paragraph (1).

23.—(1) The recovery of waste consisting of animal by-products [F13 authorised under [F14 regulation 7] of the Animal By-Products (Enforcement) (Scotland) Regulations [F15 2013]] if the total quantity of waste being recovered at that collection centre at any time does not exceed 50 tonnes. S

(2) The secure storage of waste intended to be submitted to such treatment if no waste is stored for longer than 12 months.

[F16 (3) In this paragraph—

“animal by-products” has the same meaning as in Article 3 of 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 and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) [F17 , as last amended by Council Regulation (EU) 1385/2013];

“collection centre” has the same meaning as in Annex 1 of Commission Regulation (EU) No 142/2011 implementing 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 and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive [F18 , as last amended by Commission Regulation 2017/1262.]]

Textual Amendments

F13 Words in sch. 1 para. 23(1) substituted (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 5(5)(d)(i)

F14 Words in sch. 1 para. 23(1) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 16(5)(c)(i)

F15 Word in sch. 1 para. 23(1) substituted (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 2 para. 23

F16 Sch. 1 para. 23(3) substituted (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 5(5)(d)(ii)

F17 Words in sch. 1 para. 23(3) inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 16(5)(c)(ii)(aa)

F18 Words in sch. 1 para. 23(3) inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 16(5)(c)(ii)(bb)

24.—(1) Crushing, grinding or other size reduction of waste bricks, tiles or concrete, under an authorisation granted under Part I of the 1990 Act, to the extent that it is or forms part of a process within paragraph (c) of Part B of Section 3.4 (other mineral processes) of Schedule 1 to the 1991 Regulations or under a permit under [F19 the 2012 Regulations], to the extent that it is or forms part of an activity within paragraph (a) of Part B of Section 3.5 (other mineral activities) of Part 1 of Schedule 1 to [F19 the 2012 Regulations]. S

(2) Where any such crushing, grinding or other size reduction is carried on otherwise than at the place where the waste is produced, the exemption conferred by sub paragraph (1) only applies if those activities are carried on with a view to recovery or reuse of the waste.

(3) The storage, at the place where the process is carried on or the activity is carried out, of any such waste which is intended to be so crushed, ground or otherwise reduced in size, if the total quantity of such waste so stored at that place does not at any time exceed 20,000 tonnes.

Textual Amendments

F19 Words in sch. 1 para. 24(1) substituted (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations2012 (S.S.I. 2012/360), reg. 1(2), sch. 11 para. 24(8) (with reg. 71)

25.—(1) The deposit of waste arising from dredging inland waters or public SUD systems, or from clearing plant matter from inland waters or public SUD systems, if either— S

(a) the waste is deposited along the bank or towpath of the waters, or on land adjacent to the public SUD system, where the dredging or clearing takes place; or

(b) the waste is deposited along the bank or towpath of any inland waters, or on land adjacent to a public SUD system, so as to result in benefit to agriculture or ecological improvement.

(2) The total amount of waste deposited along the bank or towpath, or on land adjacent to the public SUD system, under sub paragraph (1) must not at any time exceed 50 tonnes for each metre of the bank, towpath or land along or on which it is deposited.

(3) Sub paragraph (1) does not apply to waste deposited in a container or lagoon.

(4) Sub paragraph (1)(a) only applies to the deposit of waste by an establishment or undertaking where the waste deposited is the establishment or undertaking's own waste.

(5) The treatment by screening or dewatering of such waste as is mentioned in sub paragraph (1)—

(a) on the bank or towpath of the waters, or on land adjacent to the public SUD system, where either the dredging or clearing takes place or the waste is to be deposited, prior to its being deposited in reliance upon the exemption conferred by the foregoing provisions of this paragraph;

(b) on the bank or towpath of the waters, or on land adjacent to the public SUD system, where the dredging or clearing takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 7(1) or (2); or

(c) in the case of waste from dredging, on the bank or towpath of the waters, or on land adjacent to the public SUD system, where the dredging takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 9(1).

(6) In this paragraph, “public SUD system” has the same meaning as in section 59(1) of the Sewerage (Scotland) Act 1968 M4 .

Marginal Citations

M4 1968 c.47, as relevantly amended by the 2003 Act Part 2 section 33(1).

26.—(1) The recovery or disposal of waste, at the place where it is produced, as an integral part of the process that produces it. S

(2) The storage, at the place where it is produced, of waste which is intended to be so recovered or disposed of.

(3) Sub paragraph (1) does not apply to the final disposal of waste by deposit in or on land.

27.—(1) Baling, compacting, crushing, shredding or pulverising waste at the place where it is produced. S

(2) The storage, at the place where it is produced, of waste which is to be submitted to any of those operations.

28.  The use of autoclaves to sterilise waste, including special waste, as listed in Table 12, at the place where the waste is produced, if— S

(a) the autoclaves have a capacity of no more than 3 cubic metres,

(b) the autoclaves are accredited by the Medicine and Healthcare Products Regulatory Agency,

(c) no more than 100 tonnes of waste is so sterilised at any one place in any one calendar month, and

(d) where the waste is special waste, it is so sterilised as part of, or as a preliminary to, a recovery operation.

Table 12

1 Codes referred to in the European Waste Catalogue.
2 Includes special waste.
Codes 1	Types of waste
Wastes from natal care, diagnosis, treatment or prevention of disease in humans (18 01)
18 01 01	Sharps (except 18 01 03)
18 01 02	Body parts and organs including blood bags and blood preserves (except 18 01 03)
18 01 032	Wastes whose collection and disposal is subject to special requirements in order to prevent infection
18 01 04	Wastes whose collection and disposal is not subject to special requirements in order to prevent infection (for example, dressings, plaster casts, linen, disposable clothing, diapers)
18 01 062	Chemicals consisting of or containing dangerous substances
18 01 07	Chemicals other than those mentioned in 18 01 06
18 01 082	Cytotoxic and cytostatic medicines
18 01 09	Medicines other than those mentioned in 18 01 08
18 01 102	Amalgam waste from dental care

29.— [F20 (1) The disposal of waste as specified in sub-paragraph (1A) at the place where it is produced, by the person producing it, by burning it in an incinerator. S

(1A) The specified disposal is the burning of biomass waste or animal carcasses to the extent that doing so is, or forms part of, an activity falling within paragraphs (a) or (b) of Part B of Section 5.1 of Part 1 of Schedule 1 to the 2012 Regulations.

(1B) A disposal under sub-paragraph (1) must, where the activity is authorised under the 1991 Regulations, be in an exempt incinerator for the purposes of Section 5.1 (incineration) of Schedule 1 to those Regulations.]

(2) The secure storage at that place of any such waste intended to be submitted to such burning.

Textual Amendments

F20 sch. 1 para. 29(1)-(1B) substituted for sch. 1 para. 29(1) (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), sch. 11 para. 24(7)(c) (with reg. 71)

30.—(1) Burning waste on land in the open if— S

(a) the waste consists of plant tissue;

(b) it is agricultural waste or it is produced on land which is operational land of a railway, light railway, tramway or British Waterways, or which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, bank of an inland waterway, churchyard or cemetery, or it is produced on other land as a result of demolition work;

(c) it is burned on the land where it is produced; and

(d) the total quantity burned in any period of 24 hours does not exceed 10 tonnes.

(2) Sub paragraph (1) only applies to the burning of waste by an establishment or undertaking where the waste burned is the establishment or undertaking's own waste.

(3) The burning of waste consisting of plant tissue waste, in pursuance of a notice given under [F21 regulation 10 (official measures in relation to non-compliant consignments or consignments which pose a risk to plant health) or 15 (notices to prevent the establishment or spread of plant pests) of the Plant Health Official Controls Regulations].

(4) The total quantity of waste burned under sub-paragraph (3) in any period of 24 hours shall not exceed 10 tonnes.

(5) The storage pending its burning, on the land where it is to be burned, of waste which is to be burned in reliance upon the exemption conferred by sub paragraph (1) or (3).

(6) The treatment of land for the benefit of agriculture or ecological improvement by incorporation into soil of ash from waste which is burned on that land in reliance upon the exemption conferred by sub paragraph (1) or (3).

Textual Amendments

F21 Words in Sch. 1 para. 30(3) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), Sch. 5 para. 7(3)(a)

31.  The discharge of waste onto the track of a railway from a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on the railway, if the discharge in question does not exceed 25 litres. S

32.  The burial on premises of waste arising from the use on those premises of a sanitary convenience which is equipped with a removable receptacle if the total amount buried in any period of 12 months does not exceed 5 cubic metres. S

33.—(1) The keeping or deposit of waste consisting of excavated materials arising from peatworking at the place where that activity takes place. S

(2) Sub paragraph (1) only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking's own waste.

34.—(1) The keeping or deposit on land at the place where it is produced of spent ballast if the land is operational land of a railway, light railway or tramway and the total amount kept or deposited at that place does not exceed 10 tonnes for each metre of track from which the ballast derives. S

(2) Sub paragraph (1) only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking's own waste.

35.—(1) The deposit of waste consisting of excavated material from a borehole or other excavation made for the purpose of mineral exploration if— S

(a) it is deposited in or on land at the place where it is excavated; and

(b) the total quantity of waste so deposited during any period of 24 months does not exceed 45,000 cubic metres per hectare.

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

(a) the drilling of the borehole or the making of any other excavation is development which is permitted by Class 53 or 54 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 M5 ; and

(b) the conditions subject to which the development is permitted are observed.

(3) Expressions used in this paragraph which are also used in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 have the same meanings as in that Order.

Marginal Citations

M5 S.I. 1992/223, as relevantly amended by S.I. 1994/2586 article 2 and S.I. 1994/1442 article 2.

36.—(1) The temporary secure storage of waste to which sub-paragraphs (2) and (3) apply, at waste reception facilities provided within a harbour area in accordance with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 M6 (in this paragraph “the 2003 Regulations”), where such storage is incidental to the collection or transport of the waste. S

(2) This paragraph applies to waste other than tank washings (including such special waste as is listed in Table 13), but only if—

(a) the amount of waste so stored within a harbour area at any time does not exceed 20 cubic metres for each ship from which waste has been landed;

(b) in the case of any waste batteries, storage takes place in accordance with the treatment conditions; and

(c) no waste is so stored for more than seven days.

(3) This paragraph applies to waste which consists of tank washings (including such special waste as is listed in Table 14), but only if—

(a) the amount of tank washings consisting of dirty ballast so stored within a harbour area at any time does not exceed 30% of the total deadweight of the ships from which such washings have been landed; and

(b) the amount of tank washings consisting of waste mixtures containing oil so stored within a harbour area at any time does not exceed 1% of the total deadweight of the ships from which such washings have been landed.

(4) In this paragraph—

“harbour area” has the same meaning as in the [F22 Dangerous Goods in Harbour Areas Regulations 2016];

“ship” has the same meaning as in the 2003 Regulations;

“tank washings” means waste residues from the tanks (other than the fuel tanks) or holds of a ship or waste arising from the cleaning of such tanks or holds.

Table 13

1 Codes referred to in the European Waste Catalogue
2 Includes special waste.
Codes1	Types of waste
Absorbents, filter materials, wiping cloths and protective clothing (15 02)
15 02 022	Absorbents, filter materials (including oil filters not otherwise specified), wiping cloths, protective clothing contaminated by dangerous substances
Wastes from electrical and electronic equipment (16 02)
16 02 092	Transformers and capacitors containing PCBs
16 02 102	Discarded equipment containing or contaminated by PCBs other than those mentioned in 16 02 09
16 02 112	Discarded equipment containing chlorofluorocarbons, HCFC, HFC
16 02 122	Discarded equipment containing free asbestos
16 02 132	Discarded equipment containing hazardous components other than those mentioned in 16 02 09 to 16 02 12
16 02 152	Hazardous components removed from discarded equipment
Waste explosives (16 04)
16 04 032	Other waste explosives
Gases in pressure containers and discarded chemicals (16 05)
16 05 042	Gases in pressure containers (including halons) containing dangerous substances)
Batteries and accumulators (16 06)
16 06 012	Lead batteries
16 06 022	Ni-Cd batteries
16 06 032	Mercury-containing batteries
16 06 062	Separately collected electrolyte from batteries and accumulators
Wastes from natal care, diagnosis, treatment or prevention of disease in humans (18 01)
18 01 032	Wastes whose collection and disposal is subject to special requirements in order to prevent infection
18 01 062	Chemicals consisting of or containing dangerous substances
18 01 082	Cytotoxic and cytostatic medicines
Separately collected fractions (except 15 01) (20 01)
20 01 132	Solvents
20 01 212	Fluorescent tubes and other mercury-containing waste
20 01 232	Discarded equipment containing chlorofluorocarbons
20 01 262	Oil and fat other than those mentioned in 20 01 25
20 01 272	Paint, inks, adhesives and resins containing dangerous substances
20 01 292	Detergents containing dangerous substances
20 01 312	Cytotoxic and cytostatic medicines
20 01 332	Batteries and accumulators included in 16 06 01, 16 06 02 or 16 06 03 and unsorted batteries and accumulators containing these batteries
20 01 352	Discarded electrical and electronic equipment other than those mentioned in 20 01 12 and 20 01 23 containing hazardous components
20 01 372	Wood containing dangerous substances

Table 14

1 Codes referred to in the European Waste Catalogue.
2 Includes special waste.
Codes1	Types of waste
Waste hydraulic oils (13 01)
13 01 092	Mineral-based chlorinated hydraulic oils
13 01 102	Mineral based non-chlorinated hydraulic oils
13 01 112	Synthetic hydraulic oils
13 01 122	Readily biodegradable hydraulic oils
13 01 132	Other hydraulic oils
Waste engine, gear and lubricating oils (13 02)
13 02 042	Mineral-based chlorinated engine, gear and lubricating oils
13 02 052	Mineral-based non-chlorinated engine, gear and lubricating oils
13 02 062	Synthetic engine, gear and lubricating oils
13 02 072	Readily biodegradable engine, gear and lubricating oils
13 02 082	Other engine, gear and lubricating oils
Waste insulating and heat transmission oils (13 03)
13 03 062	Mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01 (insulating or heat transmission oils containing PCBs)
13 03 072	Mineral-based non-chlorinated insulating and heat transmission oils
13 03 082	Synthetic insulating and heat transmission oils
13 03 092	Readily biodegradable insulating and heat transmission oils
13 03 102	Other insulating and heat transmission oils
Bilge oils (13 04)
13 04 012	Bilge oils from inland navigation
13 04 022	Bilge oils from jetty sewers
13 04 032	Bilge oils from other navigation
Waste of liquid fuels (13 07)
13 07 012	Fuel oil and diesel
13 07 022	Petrol
13 07 032	Other fuels (including mixtures)
Oil wastes not otherwise specified (13 08)
13 08 012	Desalter sludges or emulsions
13 08 022	Other emulsions
13 08 992	Wastes not otherwise specified
Wastes from transport tank, storage tank and barrel cleaning (except 05 and 13) (16 07)
16 07 082	Wastes containing oil
16 07 092	Wastes containing other dangerous substances
Aqueous liquid wastes destined for off-site treatment (16 10)
16 10 012	Aqueous liquid wastes containing dangerous substances
16 10 032	Aqueous concentrates containing dangerous substances

Textual Amendments

F22 Words in sch. 1 para. 36(4) substituted (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 11 (with reg. 5)

Marginal Citations

M6 S.I. 2003/1809, to which there are amendments not relevant to these Regulations.

37.—(1) The burial of a dead domestic pet in the garden of a domestic property where the pet lived. S

(2) This paragraph does not apply if—

(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.

38.  The deposit or storage of samples of waste, including samples of waste which are special waste (including the temporary storage of WEEE pending its recovery), which are being or are to be subjected to testing and analysis, at any place where they are being or are to be tested or analysed, if the samples do not exceed 10 tonnes and are taken— S

(a) in the exercise of any power under the [F23 Environmental Authorisations (Scotland) Regulations 2018], the Sewerage (Scotland) Act 1968, the 2003 Act, the 1990 Act, the 1995 Act or the 2011 Regulations;

(b) by or on behalf of the holder of a waste management licence in pursuance of the conditions of that licence;

(c) by or on behalf of a person carrying on in relation to the waste an activity described in this Schedule or in regulation 16(1);

(d) by or on behalf of the owner or occupier of the land from which the samples are taken;

(e) by or on behalf of any person to whom section 34 applies in connection with that person's duties under that section; or

(f) for the purposes of research.

Textual Amendments

F23 Words in sch. 1 para. 38 substituted (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 6 para. 11(3) (with reg. 78, sch. 5 para. 2)

39.—(1) The secure storage at a pharmacy or at the premises of a medical, nursing or veterinary practice or a needle exchange facility, of the wastes listed in Table 15 (including those which are special waste) which have been returned to those places from care services, households or by individuals if— S

(a) the total quantity of such returned waste at the pharmacy or premises does not at any time exceed 10 cubic metres;

(b) the total amount of such waste returned in any 24 hour period does not exceed 5 kilograms or, as the case may be, 5 litres; and

(c) any waste so returned to the pharmacy or premises is not stored there for longer than 3 months.

(2) The secure storage at the premises of a medical, nursing or veterinary practice of the wastes listed in Table 15 (including special waste) produced in carrying on that practice if—

(a) in the case of liquid waste, it is stored in a secure container and the total volume of that waste does not at any time exceed 23,000 litres;

(b) in any other case, either—

(i) it is stored in a secure container and the total volume of that waste does not at any time exceed 80 cubic metres; or

(ii) it is stored in a secure place and the total volume of that waste does not at any time exceed 50 cubic metres; and

(c) no such waste is stored at those premises for longer than one year.

(3) In the case of any waste batteries, secure storage under sub-paragraph (1) or (2) must take place in accordance with the treatment conditions.

(4) In this paragraph, “care services” has the same meaning as in section 2 of the Regulation of Care (Scotland) Act 2001 M7 .

Table 15

1 Codes referred to in the European Waste Catalogue.
2 Includes special waste.
Codes1	Types of waste
Wastes from electrical and electronic equipment (16 02)
16 02 092	Transformers and capacitors containing PCBs
16 02 102	Discarded equipment containing or contaminated by PCBs other than those mentioned in 16 02 09
16 02 112	Discarded equipment containing chlorofluorocarbons, HCFC, HFC
16 02 122	Discarded equipment containing free asbestos
16 02 132	Discarded equipment containing hazardous components other than those mentioned in 16 02 09 to 16 02 12
16 02 14	Discarded equipment other than those mentioned in 16 02 09 to 16 02 13
16 02 152	Hazardous components removed from discarded equipment
16 02 16	Components removed from discarded equipment other than those mentioned in 16 02 15
Batteries and accumulators (16 06)
16 06 012	Lead batteries
16 06 022	Ni-Cd batteries
16 06 032	Mercury-containing batteries
16 06 04	Alkaline batteries (except 16 06 03)
16 06 05	Other batteries and accumulators
Wastes from natal care, diagnosis, treatment or prevention of disease in humans (18 01)
18 01 01	Sharps (except 18 01 03 – waste whose collection and disposal is subject to special requirements in order to prevent infection)
18 01 02	Body parts and organs including blood bags and blood preserves (except 18 01 03)
18 01 032	Wastes whose collection and disposal is subject to special requirements in order to prevent infection
18 01 04	Wastes whose collection and disposal is not subject to special requirements in order to prevent infection (for example dressings, plaster casts, linen, disposable clothing, diapers)
18 01 07	Chemicals other than those mentioned in 18 01 06 (chemicals consisting of or containing dangerous substances)
18 01 082	Cytotoxic and cytostatic medicines
18 01 09	Medicines other than those mentioned in 18 01 08
Wastes from research, diagnosis, treatment or prevention of disease involving animals (18 02)
18 02 01	Sharps (except 18 02 02 – wastes whose collection and disposal is subject to special requirements in order to prevent infection)
18 02 022	Wastes whose collection and disposal is subject to special requirements in order to prevent infection
18 02 03	Wastes whose collection and disposal is not subject to special requirements in order to prevent infection
18 02 06	Chemicals other than those mentioned in 18 02 05 (chemicals consisting of or containing dangerous substances)
18 02 072	Cytotoxic and cytostatic medicines
18 02 08	Medicines other than those mentioned in 18 02 07
Separately collected fractions (20 01)
20 01 312	Cytotoxic and cytostatic medicines
20 01 32	Medicines other than those mentioned in 20 01 31 (cytotoxic and cytostatic medicines)
20 01 332	Batteries and accumulators included in 16 06 01, 16 06 02 or 16 06 03 and unsorted batteries and accumulators containing these batteries
20 01 34	Batteries and accumulators other than those mentioned in 20 01 33
20 01 352	Discarded electrical and electronic equipment other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components
20 01 36	Discarded electrical and electronic equipment other than those mentioned in 20 01 21, 20 01 23 and 20 01 35
20 01 99	Other fractions not otherwise specified

Marginal Citations

M7 2001 asp 8, as relevantly amended by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) Part 6 section 29; the Adoption and Children (Scotland) Act 2007 (asp 4) Part 1 Chapter 1 section 7; the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) Part 4 section 82(1) and by S.S.I. 2010/21 Schedule 1 paragraph 6(2).

40.—(1) The secure storage of non-liquid waste, including WEEE, at any place other than the premises where it is produced if— S

(a) the amount of waste stored does not at any time exceed 50 cubic metres in total and is not kept for longer than 3 months;

(b) the person storing the waste is the owner of the place where it is stored or has the consent of the owner;

(c) the place where it is stored is not a site designed or adapted for the reception of waste with a view to its being disposed of or recovered elsewhere; and

(d) such storage is incidental to the collection or transport of the waste.

(2) Sub paragraph (1) above does not apply to the storage of waste at a place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles.

(3) The temporary storage of scrap rails on operational land of a railway, light railway or tramway if the total quantity of that waste in any one place does not at any time exceed 10 tonnes and the storage is incidental to the collection or transport of the scrap rails.

41.—(1) The temporary storage of waste, including WEEE, pending its collection, on the site where it is produced. S

(2) Sub paragraph (1) above does not apply to the storage of waste at a place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles.

(3) Sub paragraph (1) shall only apply where such temporary storage conforms with the obligations and the minimum technical requirements described, respectively, in paragraph 1 of each of Parts 1 and 2 of the Schedule to the End of Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 M8 .

(4) Sub paragraph (1) above shall apply to special waste if—

(a) it is stored on the site for no longer than 12 months;

(b) in the case of liquid waste, it is stored in a secure container and the total volume of that waste does not at any time exceed 23,000 litres; and

(c) in any other case, either—

(i) it is stored in a secure container and the total volume of that waste does not at any time exceed 80 cubic metres; or

(ii) it is stored in a secure place and the total volume of that waste does not at any time exceed 50 cubic metres.

Marginal Citations

M8 S.S.I. 2003/593.

42.—(1) The disposal of waste consisting of pesticide solution or washings in a lined biobed at the place where the waste is produced, provided that no more than 8000 litres of such waste is so disposed of in any 12 month period. S

(2) The secure storage of such waste, at the place where it is produced, prior to its disposal in accordance with sub-paragraph (1), provided that no more than 1500 litres of such waste is stored at any one time.

(3) The recovery or reuse of liquid residue from a lined biobed which has been used in accordance with sub-paragraph (1), at the place where the liquid residue is produced.

(4) The treatment of land with biobed material from a lined biobed which has been used in accordance with sub-paragraph (1) by spreading with such biobed material where—

(a) the biobed material has been securely stored for at least 12 months prior to being spread on the land; and

(b) that treatment results in benefit to agriculture or environmental improvement.

(5) The secure storage, at the place where it is produced, of biobed material intended to be used in accordance with sub-paragraph (4), where—

(a) no more than 10 tonnes of biobed material is stored at any one time; and

(b) no waste is stored for longer than 3 years.

43.—(1) The crushing of waste gas discharge lamps (including fluorescent tubes which are special waste within category 20 01 21 of the European Waste Catalogue) for the purposes of volume reduction prior to collection, where the material is intended for recovery or reuse. S

(2) The storage of such lamps—

(a) prior to crushing; and

(b) after crushing but prior to collection.

(3) Sub paragraph (1) or, as the case as the case may be, sub-paragraph (2) applies only where—

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

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

(c) the mercury concentration in emissions does not exceed 50 micrograms/m3;

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

(e) the storage of the lamps prior to crushing is under weather proof covering in compliance with paragraph 1 of [F24 Annex VIII] to the WEEE Directive; and

(f) the storage of the lamps after crushing is in a secure container.

Textual Amendments

F24 Words in sch. 1 para. 43(3)(e) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 16(5)(d)

44.—(1) Heating iron, steel or any ferrous-alloy, non ferrous metal or non-ferrous metal alloy, 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, for the purpose of removing grease, oil or any other non-metallic contaminant. S

(2) Sub-paragraph (1) does not apply to the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

(3) In the case of a process involving the heating of iron, steel or any ferrous-alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (h), or (j) to (m), of Part A or paragraphs (a) to (c), or (e) or (f), of Part B of Section 2.1 of Schedule 1 to the 1991 Regulations or an activity described in Section 2.1 (other than in paragraph (d) of Part B) of Part 1 of Schedule 1 to [F25 the 2012 Regulations].

(4) In the case of a process involving the heating of any non-ferrous metal or non ferrous metal alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (g), or (i) or (k), of Part A of Section 2.2 of Schedule 1 to the 1991 Regulations or an activity described in Part A of Section 2.2 of Part 1 of Schedule 1 to [F25 the 2012 Regulations].

(5) The secure storage of waste intended to be submitted to heating to which sub-paragraph (1) applies 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.

(6) In this paragraph, “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.

(7) 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 Schedule 1 to the 1991 Regulations, and “non-ferrous metal alloy” shall be construed accordingly.

(8) In this paragraph, “sealed drainage system” has the meaning given by paragraph 45(7).

Textual Amendments

F25 Words in sch. 1 para. 44(3)(4) 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)

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 [F26 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

F26 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)

46.—(1) The burning at a dock of waste consisting of— S

(a) plant tissue waste, in pursuance of a notice given under [F27 regulation 10 (official measures in relation to non-compliant consignments or consignments which pose a risk to plant health) or 15 (notices to prevent the establishment or spread of plant pests) of the Plant Health Official Controls Regulations]; or

(b) wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets, in pursuance of a notice given under [F28 regulation 10 (official measures in relation to non-compliant consignments or consignments which pose a risk to plant health) or 15 (notices to prevent the establishment or spread of plant pests) of the Plant Health Official Controls Regulations].

(2) The storage at the dock where it was unloaded of waste intended to be burned under sub paragraph (1).

(3) The total quantity of waste stored or burned under sub-paragraph (1) or (2), in any period of 24 hours, shall not exceed 15 tonnes.

(4) Any waste burned under sub-paragraph (1) shall be burned on a hard standing, within a secure location at the dock where it was unloaded.

Textual Amendments

F27 Words in Sch. 1 para. 46(1)(a) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), Sch. 5 para. 7(3)(b)(i)

F28 Words in Sch. 1 para. 46(1)(b) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), Sch. 5 para. 7(3)(b)(ii)

47.—(1) The repair or refurbishment or both at a secure place of WEEE as described in column 1 of Table 18, together with any incidental storage and other incidental activities in relation to that type of WEEE if— S

(a) the activity is carried on with a view to the reuse of the WEEE for its original purpose;

(b) best available treatment, recovery and recycling techniques are used when carrying out the activity;

(c) in respect of a description of waste contained in column 1 of Table 18, the total quantity of WEEE so dealt with at that place does not exceed either the storage limit specified in column 2 of that Table or the treatment limit specified in column 3 in relation to that type of WEEE;

(d) the technical requirements specified in [F29 Annex VIII] of the WEEE Directive are met;

(e) prior to the treatment of WEEE and in relation to any waste components from WEEE, such WEEE or components are stored in such a manner that their environmentally sound reuse or recycling is not hindered; and

(f) no WEEE is stored at that place for longer than 12 months.

Table 18

1 Codes referred to in the European Waste Catalogue.
2 In total either awaiting repair or refurbishment or stored following such treatment.
Codes and Type of Waste1	Storage Limits2	Treatment Limits
16 02 14 (WEEE other than those mentioned in 16 02 09 to 16 02 13)	50 cubic metres	2 tonnes/day
20 01 36 (WEEE other than those mentioned in 20 01 21 and 20 01 23 and 20 01 35)	50 cubic metres	2 tonnes/day

(2) The carrying on, at any secure place in respect of WEEE that is special waste as described in Table 19, of the treatment activities of repair or refurbishment or both together with any incidental storage and other incidental activities, but not including the degassing and capture of ozone depleting substances in relation to that type of WEEE if—

(a) the activity is carried on primarily with a view to the reuse of the WEEE for its original purpose;

(b) best available treatment, recovery and recycling techniques are used when carrying out the activity;

(c) in respect of a description of waste contained in a particular row of Table 19 the total quantity of WEEE so dealt with at that place does not exceed either the storage limit specified in column 2, or the treatment limit specified in column 3 of that Table for the types of WEEE in that row;

(d) the technical requirements specified in [F30 Annex VIII] of the WEEE Directive are met;

(e) the other requirements specified in column 4 of that Table for that type of WEEE are met;

(f) prior to the treatment of WEEE and in relation to any waste components from WEEE, such WEEE or components are stored in such a manner that their environmentally sound reuse or recycling is not hindered; and

(g) no WEEE is stored at that place for longer than 12 months.

Table 19

1 Codes referred to in the European Waste Catalogue.
2 In total either awaiting repair or refurbishment or stored following such treatment.
Codes and Type of Waste1	Storage Limits2	Treatment Limits	Other Requirements
16 02 11 (WEEE containing chlorofluorocarbons, HCFC or HFC) and 20 01 23 (WEEE containing chlorofluorocarbons)	80 cubic metres	5 tonnes/day	Stored in a manner that will prevent the release of the CFCs, HCFCs or HFCs
Televisions and computer monitors containing cathode ray tubes falling within 16 02 13 (WEEE containing hazardous components other than those mentioned in 16 02 09 to 16 02 12) and 20 01 35 (WEEE other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components)	80 cubic metres	5 tonnes/day

(3) Sub paragraphs (1) or (2) only apply to the carrying out of an activity at a place if the person responsible for the management of that place has established administrative arrangements to ensure that—

(a) WEEE accepted at that place is of a type set out in column 1 of Table 18 or 19, as the case may be; and

(b) 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.

(4) For the purposes of this paragraph, the storage and treatment limits set out in columns 2 and 3 of Tables 18 and 19 are overall limits that apply to all waste falling within the 6 digit code or codes specified in column 1 of those Tables.

Textual Amendments

F29 Words in sch. 1 para. 47(1)(d) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 16(5)(e)(i)

F30 Words in sch. 1 para. 47(2)(d) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 16(5)(e)(ii)

48.—(1) The storage at any secure place of WEEE of a type listed in column 1 of Table 20 if— S

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

(b) the total quantity of any particular type of WEEE stored at the site at any time does not exceed the storage limit specified in column 2 of the Table in relation to that type of WEEE;

(c) any particular type of WEEE is stored for no longer than the duration limits specified in column 3 of the Table;

(d) the other relevant storage requirements specified in column 4 of the Table are met; and

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

Table 20

1 Codes referred to in the European Waste Catalogue.
Codes and Type of Waste 1	Maximum quantity	Maximum duration	Type of containment
16 02 14 (WEEE other than those mentioned in 16 02 09 to 16 02 13) and 20 01 36 (WEEE other than those mentioned in 20 01 21, 20 01 23 and 20 01 35)	80 cubic metres	3 months	Impermeable surface within a secure store; weatherproof covering of stored WEEE
16 02 13 (WEEE other than those mentioned in 16 02 09 to 16 02 12) and 20 01 35 (WEEE other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components)	80 cubic metres	3 months	Appropriate leak proof containers providing an impermeable surface

(2) The secure storage of WEEE of a type listed in column 1 of Table 21 if—

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

(b) the total quantity of any particular type of WEEE stored at the site at any time does not exceed the storage limit specified in column 2 of the Table;

(c) any particular type of WEEE is stored for no longer than the duration limits specified in column 3 of the Table;

(d) the relevant type of containment and other relevant requirements specified in columns 4 and 5 of the Table are met;

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

Table 21

1 Codes referred to in the European Waste Catalogue.
Codes and Type of Waste1	Maximum quantity	Maximum duration	Type of containment	Other Requirements
16 02 11 (WEEE containing chlorofluorocarbons, HCFC or HFC) and 20 01 23 (WEEE containing chlorofluorocarbons)	80 cubic metres	3 months	Impermeable surface within a secure store; weatherproof covering of stored WEEE	Stored in a manner that will prevent the release of the CFC, HCFC and HFC; overall height of any stack shall not exceed 2 units or 3.5 metres, whichever is the lower
16 02 13 (WEEE containing hazardous components other than those mentioned in 16 02 09 to 16 2 12) and 20 01 35 (WEEE other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components)	80 cubic metres	3 months	Impermeable surface within a secure store; weatherproof covering of stored WEEE
20 01 21 (fluorescent tubes and other mercury-containing waste)	50 cubic metres	3 months	Appropriate leak proof containers; weatherproof covering	Stored in such a way that the glass is not broken

(3) For the purposes of sub paragraphs (1) and (2), the activity of storage shall be taken to include the incidental sorting of waste of that type.

(4) For the purposes of this paragraph, the storage and treatment limits set out in columns 2 and 3 of Tables 20 and 21 are overall limits that apply to all waste falling within the 6 digit code or codes specified in column 1 of those Tables.

49.  The treatment of waste organophosphate sheep dip (including such waste as is special waste) with an enzyme preparation, provided that no more than two tonnes of such waste is treated in any one day. S

50.—(1) The mixing of ash from the incineration of pig or poultry carcasses at its place of production with manure for the treatment of land as specified in sub-paragraph (2). S

(2) The treatment of land used for agriculture with agricultural waste resulting in benefit to agriculture or ecological improvement, if—

(a) the waste consists of ash from the incineration of pig or poultry carcasses, or such ash mixed with manure in reliance on the exemption in sub-paragraph (1);

(b) the land is at the place of production of the ash;

(c) the land is at least—

(i) 10 metres from any inland or coastal waters;

(ii) 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply other than a domestic water supply; and

(iii) 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of any domestic water supply;

(d) at the start of and throughout the treatment—

(i) the land has not been frozen for 12 or more hours during the preceding 24 hours; and

(ii) the land is not waterlogged, flooded or snow-covered;

(e) the activity is carried out in accordance with any requirement imposed by or under the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 M9 ;

(f) where the waste consists only of ash from the incineration of pig or poultry carcasses, it is incorporated into the soil as soon as possible; and

(g) the total quantity of ash incorporated into the soil does not exceed 150 kilograms per hectare in any period of 12 months.

(3) The secure storage of not more than 100 tonnes of waste intended to be used for the treatment of land in reliance on the exemption in sub-paragraph (2).

(4) In this paragraph, “domestic water supply” has the meaning given by paragraph 7(5).

Marginal Citations

M9 S.S.I. 2008/298, as amended by S.S.I. 2008/394 and S.S.I. 2009/447.

51.—(1) The anaerobic digestion of biodegradable waste which is agricultural waste or waste from a distillery. S

(2) In this paragraph, “anaerobic digestion” means the process of controlled decomposition of waste under managed conditions—

(a) where free oxygen is absent;

(b) at temperatures suitable for naturally occurring mesophilic or thermophilic anaerobe and facultative anaerobe bacteria species; and

(c) where the inputs to the process are converted to a methane rich biogas for use in an energy recovery process and to a stable sanitised material, the application of which material to land results in benefit to agriculture or horticulture or ecological improvement.