The Environmental Permitting (England and Wales) Regulations 2007

Land reclamation or improvement

9.—(1) Subject to sub-paragraph (3)—

(a) spreading a kind of waste specified in column 2 of Part 1 of the Table in sub-paragraph (2) from the corresponding source specified in column 1 of Part 1 of that Table on any land; or

(b) spreading a kind of waste specified in column 2 of Part 2 of the Table in sub-paragraph (2) from the corresponding source specified in column 1 of Part 2 of that Table on any land where that operation results in benefit to agriculture or ecological improvement.

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

Column 1	Column 2
Source of Waste	Kind of Waste
PART 1
Wastes from physical and chemical processing of non-metalliferous minerals	Waste gravel and crushed rocks 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 water for industrial use)	Pulverised fuel ash, bottom ash and slag
Wastes from manufacture of ceramic goods, bricks, tiles and construction products	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	Waste concrete and concrete sludge
Concrete, bricks, tiles and ceramics	Bricks Tiles and ceramics Mixtures of concrete, bricks, tiles and ceramics
Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, palletising) not otherwise specified	Minerals (for example sand, stones)
Wastes from soil and groundwater remediation	Solid wastes from soil remediation (other than those containing dangerous substances)
Garden and park wastes (including cemetery waste)	Soil and stones
Soil (including excavated soil from contaminated sites), stones and dredging spoil	Track ballast other than those containing dangerous substances
PART 2
Wastes from pulp, paper and cardboard production and processing	De-inked paper sludge and de-inked paper pulp Lime mud waste
Soil (including excavated soil from contaminated sites), stones and dredging spoil	Soil and stones other than those containing dangerous substances Dredging spoil other than those containing dangerous substances
Wastes from aerobic treatment of solid wastes	Compost
Wastes from waste water treatment plants	Sludges from treatment of urban waste water
Wastes from the preparation of water intended for human consumption or water for industrial use	Sludges from water clarification
Wastes from soil and groundwater remediation	Sludges from soil remediation (other than those containing dangerous substances)

(3) An operation does not fall within sub-paragraph (1) unless—

(a) the waste is spread for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man-made development, and the use to which that land could be put would be improved by the spreading;

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

(c) the waste is spread to a depth not exceeding the lesser of—

(i) 2 metres, or

(ii) the final cross-sections shown on any plan submitted under paragraph 8 of Schedule 2; and

(d) no more than 20,000 cubic metres of waste are spread per hectare.

(4) Secure storage for a period not exceeding 6 months, at the place where it is to be spread, of waste intended to be spread in reliance on sub-paragraph (1).

(1)

1990 c. 8.