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The Waste Management Licensing (Scotland) Regulations 2011

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Changes over time for: Paragraph 9

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Version Superseded: 07/01/2013

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Point in time view as at 27/03/2011.

Changes to legislation:

The Waste Management Licensing (Scotland) Regulations 2011, Paragraph 9 is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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.

Codes1Types of waste
PART I Wastes from physical and chemical processing of non-metalliferous minerals (01 04)
01 04 08Waste gravel and crushed rocks2
01 04 09Waste sand and clays
Wastes from sugar processing (02 04)
02 04 01Soil 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 02Pulverised fuel ash3
10 01 03Fly ash from peat and untreated wood
Wastes from manufacture of ceramic goods, bricks, tiles and construction products (10 12)
10 12 08Waste 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 14Waste concrete and concrete sludge
Concrete, bricks, tiles and ceramics (17 01)
17 01 01Concrete
17 01 02Bricks
17 01 03Tiles and ceramics
17 01 07Mixtures of concrete, bricks, tiles and ceramics2
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 08Track ballast2
Wastes from anaerobic treatment of waste (19 06)
19 06 03Liquor consisting only of biodegradable waste3
19 06 04Digestate consisting only of biodegradable waste3
19 06 05Liquor from anaerobic treatment of animal and vegetable waste
19 06 06Digestate from anaerobic treatment of animal and vegetable waste
Wastes arising from waste water treatment plants not otherwise specified (19 08)
19 08 99Wastes 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 99Wastes 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 09Minerals (for example sand, stones)
Wastes from soil and groundwater remediation (19 13)
19 13 02Solid waste from soil remediation2
Garden and park wastes (including cemetery waste) (20 02)
20 02 02Soil and stones
PART II Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 05De-inked sludges from paper recycling
03 03 07De-inked paper pulp from paper recycling3
03 03 09Lime mud waste
Wastes from the manufacture, formulation, supply and use of fine chemicals and chemical products not otherwise specified (07 07)
07 07 12Sludges 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 04Soil and stones2
17 05 06Dredging spoil2
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03Off-specification compost consisting only of biodegradable waste3
Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 05Sludges from treatment of urban waste water
19 08 99Wastes 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 02Sludges from water clarification
19 09 99Wastes not otherwise specified (specifically slow sand filter sand)
Wastes from soil and groundwater remediation (19 13)
19 13 04Sludges 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 regulation 7 of the 2000 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.

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