The Environmental Permitting (England and Wales) Regulations 2007

Waste for construction

19.—(1) Storage on a site of a kind of waste specified in Column 2 of the Table in sub-paragraph (3) from the corresponding source specified in Column 1 of that Table for the purposes of relevant work carried on at the site, if—

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

(b) no more than 50,000 tonnes of such waste are stored at the site; and

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

(2) The use of a kind of waste specified in Column 2 of the Table in sub-paragraph (3) from the corresponding source specified in Column 1 of that Table for the purposes of relevant work, if—

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

(b) the work is carried out in accordance with any requirement of or under the Town and Country Planning Act 1990(1); and

(c) the waste is used to a depth that does not exceed the dimensions of the final cross sections shown on any plan submitted under paragraph 8 of Schedule 2.

(3) The Table referred to in sub-paragraphs (1) and (2) is set out below.

Column 1	Column2
Source of Waste	Kind of Waste
Wastes from physical and chemical processing of non-metalliferous minerals	Waste gravel and crushed rocks other than those containing dangerous substances Waste sand and clays
Wastes from sugar processing	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 waste for industrial use)	Bottom ash, slag and boiler dust (excluding oil fly ash and boiler dust) Pulverised fuel ash Gypsum
Wastes from the iron and steel industry	Unprocessed slag
Wastes from the casting of ferrous and non ferrous pieces	Furnace slag
Wastes from the manufacture of ceramic goods, bricks, tiles and construction pieces	Waste ceramics, bricks, tiles and construction products (after thermal processing)
Wastes from the manufacture of cement, lime and plaster and articles and products made from them	Waste concrete and concrete sludge
Concrete, bricks, tiles and ceramics	Concrete Bricks Tiles and ceramics Mixtures of concrete, bricks, tiles and Ceramics
Wastes from incineration and pyrolysis of waste	Bottom ash and slag
Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified	Minerals (for example sand, stones)
Soil (including excavated soil from contaminated sites), stones and dredging spoil	Track ballast, soil and stones other than those containing dangerous substances Dredging spoil (unless it contains dangerous substances)
Garden and park waste (including cemetery waste)	Soil and stones
Bituminous mixtures, coal tar and tarred products	Road base and road planings

(4) For the purposes of sub-paragraphs (1) and (2), dredging spoil is only suitable for use in drainage works.

(5) Storage on a site of waste consisting of road planings and roadbase which are to be used for the purposes of relevant work carried on elsewhere if—

(a) no more than 50,000 tonnes of such waste are stored at the site; and

(b) the waste is stored there for no longer than six months.

(6) In this paragraph—

“drainage” means drainage carried out for the purposes of the Land Drainage Act 1991(2), the 1991 Act or the 1995 Act; and

“relevant work” means work for the construction, maintenance or improvement of—

(a)

a building or a highway, railway, airport, dock or other transport facility;

(b)

recreational facilities; or

(c)

drainage,

but does not include work involving land reclamation.

(1)

1990 c. 8.

(2)

1991 c. 59.