SCHEDULE 3Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions
PART 1Exempt waste operations: descriptions and conditions
CHAPTER 2Use of waste
SECTION 2Descriptions and specific conditions
Use of waste in construction (U1)1
1
The use of relevant waste in construction.
2
The tables specifying relevant waste for the purposes of this paragraph are set out below.
Codes | Waste types | Quantity limit | Additional specific conditions |
|---|---|---|---|
010102 | Waste from mineral non-metalliferous excavation | 5,000 tonnes | |
010408 | Waste gravel and crushed rock other than those mentioned in 010407 | ||
010409 | Waste sand and clays | ||
020202 | Shellfish shells from which the soft tissue or flesh has been removed only | ||
101208 | Waste ceramics, bricks, tiles and construction products (after thermal processing) | ||
101314 | Waste concrete and concrete sludge | ||
170101 | Concrete | ||
170102 | Bricks | ||
170103 | Tiles and ceramics | ||
170107 | Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106 | ||
170506 | Dredging spoil other than those mentioned in 170505 | A | |
170508 | Track ballast other than those mentioned in 170507 | ||
191205 | Glass | ||
191209 | Minerals (for example sand, stones) | ||
191212 | Aggregates only |
Codes | Waste types | Quantity limit | Additional specific conditions |
|---|---|---|---|
020399, 020401 | Soil from cleaning and washing fruit and vegetables only | 1,000 tonnes | |
170302 | Bituminous mixtures other than those mentioned in 170301 | 1,000 tonnes | B |
170504 | Soil and stones other than those mentioned in 170503 | 1,000 tonnes | |
170506 | Dredging spoil other than those mentioned in 170505 | 1,000 tonnes | |
191302 | Solid wastes from soil remediation other than those mentioned in 191301 | 1,000 tonnes | |
200202 | Soil and stones | 1,000 tonnes | |
020103 | Plant tissue waste | 1,000 tonnes | B |
030101, 030301 | Untreated waste bark, cork and wood only | 1,000 tonnes | B |
030105 | Untreated wood including sawdust, shavings and cuttings from untreated wood only | 1,000 tonnes | B |
170201 | Untreated wood only | 1,000 tonnes | B |
191207 | Untreated wood other than those mentioned in 191206 only | 1,000 tonnes | B |
200138 | Untreated wood other than those mentioned in 200137 only | 1,000 tonnes | B |
Codes | Waste types | Quantity limit | Additional specific conditions |
|---|---|---|---|
170302 | Bituminous mixtures other than those mentioned in 170301 | 50,000 tonnes | C |
170504 | Road sub base only | C |
3
For the purposes of this paragraph, the specific conditions are that—
a
where the relevant waste falls within the first column of a table in sub-paragraph (2), the total quantity of waste used or stored over any 3-year period does not exceed the limit indicated in the third column of that table,
b
where one or more waste type falling within the first column of any one table in sub-paragraph (2) is used or stored, the total quantity for all the waste types used or stored does not exceed the limit indicated in the third column of that table over any 3-year period,
c
no waste is stored for longer than 12 months prior to use, and
d
the operation complies with such of the following additional conditions as are specified in the fourth column of the table and for these purposes—
A | the waste is used only for drainage work carried on for the purposes of the Land Drainage Act 1991 M1, the 1991 Act or the 1995 Act; |
B | the waste is used only for the construction of tracks, paths, bridleways or car parks and must be processed into chipped form prior to use; |
C | the waste is used only for the construction of roads. |
Use of baled end-of-life tyres in construction (U2)2
1
The use of relevant waste in construction.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste types |
|---|---|
160103 | Baled end-of-life tyres only |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste used or stored during the construction does not exceed 50 tonnes of baled tyres,
b
the waste is not used more than once,
c
the bales comply with standard PAS108, and
d
no waste is stored for longer than 3 months prior to use.
Use of waste in the construction of entertainment or educational installations etc. (U3)3
1
The use of relevant waste in the construction of installations, exhibits, sets or demonstrations for entertainment or educational purposes.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste Types |
|---|---|
170102 | Bricks |
170103 | Tiles and ceramics |
170201, 200138 | Wood |
170203, 200139 | Plastic |
170401 to 170407, 170411, 200140 | Metals including their alloys |
200101 | Paper and cardboard |
200111 | Textiles |
3
For the purposes of this paragraph, the specific condition is that the total quantity of waste used or stored prior to use does not exceed 20 tonnes at any one time.
Burning of waste as a fuel in a small appliance (U4)4
1
The burning of relevant waste as a fuel in an appliance if the requirements in sub-paragraph (4) are met.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste Types |
|---|---|
020103, 200201 | Plant tissue waste only |
020107, 170201 | Untreated wood only |
020304 | Vegetable waste unsuitable for consumption or processing |
030101 | Waste bark and cork |
030105 | Untreated sawdust and wood shavings other than those mentioned in 030104 only |
030301 | Waste bark and wood |
030310 | Fibre rejects (fibrous vegetable waste from virgin pulp preparation or paper pulp production) only |
150103 | Untreated wooden packaging only |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste burned over any period of 1 hour is less than 50kg,
b
the total quantity of waste stored at any one time does not exceed 10 tonnes, and
c
the waste is stored in a secure place.
4
The requirements in this sub-paragraph are that—
a
the appliance has a net rated thermal input of less than 0.4 megawatts, and
b
where it is used together with other appliances (whether or not it is operated simultaneously with such other appliances), the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.
Use of waste derived biodiesel as fuel (U5)5
1
The use of biodiesel derived from relevant waste as a fuel in a portable generator if the requirements in sub-paragraph (4) are met or in a motor vehicle and the storage of such biodiesel—
a
in or on a motor vehicle or in such a portable generator, or
b
at a place that is owned or occupied by the owner or user of the biodiesel.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste Types |
|---|---|
190210 | Waste derived biodiesel only |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of biodiesel stored in or on a motor vehicle or in a portable generator at any one time does not exceed 1,000 litres,
b
the total quantity of biodiesel stored at a place owned or occupied by the owner or user of the biodiesel at any one time does not exceed 5,000 litres, and
c
the biodiesel is stored with secondary containment.
4
The requirements in this sub-paragraph are that—
a
the portable generator has a net rated thermal input of less than 0.4 megawatts, and
b
where it is used together with other portable generators (whether or not it is operated simultaneously with such other generators) the aggregate net rated thermal input of all the generators is less than 0.4 megawatts.
Use of sludge for the purposes of re-seeding a waste water treatment plant (U6)6
1
The use of relevant waste at a waste water treatment plant for the purposes of re-seeding the plant.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste Types |
|---|---|
190805 | Sludges from treatment of urban waste water |
190812 | Sludges from biological treatment of industrial waste water other than those mentioned in 190811 |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste used or stored at the plant at any one time does not exceed 1,000 cubic metres, and
b
the waste was not produced at the plant.
Use of effluent to clean a highway gravel bed (U7)7
1
The use of relevant waste from a water treatment works or a waste water treatment plant to clean a highway gravel bed.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste Types |
|---|---|
190899 | Effluent only |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste used over any 24-hour period does not exceed 10 cubic metres,
b
the highway gravel bed has sealed drainage to ensure that the condition in paragraph (c) can be met,
c
all waste used in and produced by the cleaning operation is collected, and
d
the waste meets any relevant conditions specified in the environmental permit authorising the operation of the water treatment works or waste water treatment plant.
Use of waste for a specified purpose (U8)8
1
The use of relevant waste for a specified purpose.
2
For the purposes of this paragraph—
a
the table specifying relevant waste and the limits referred to in sub-paragraph (3)(a) and (b) is set out below;
b
“specified purpose” is a purpose specified in the third column of the table.
Codes | Waste types | Specified purpose | Quantity limit (at any one time) |
|---|---|---|---|
030105, 191207 | Untreated wood (including shavings, woodchip and sawdust) and over-sized compost only | Use in equestrian exercise surfaces | 1,000 tonnes |
191204 | Shredded or granulated rubber and end-of-life tyres only | Use in equestrian exercise surfaces | 1,000 tonnes |
191201 | Shredded paper and cardboard | Use as animal bedding | 100 tonnes |
030305, 030310, 030311 | Paper fibre, de-inked paper pulp and de-inked paper sludge from paper manufacturing only | Use as animal bedding | 100 tonnes |
030105, 191207 | Untreated wood (including shavings, woodchip and sawdust) and over-sized compost only | Use as animal bedding | 100 tonnes |
160103 | End-of-life tyres | Use as a weight on cover sheeting on agricultural premises or use as crash barriers | 40 tonnes |
150102 | Geotextile bags (flexible intermediate bulk containers) only | Use as reinforcement in construction | 100 bags |
020202 | Shellfish shells from which the soft tissue or flesh has been removed only | Use for ornamental purposes | 50 tonnes |
191205 | Crushed glass only | Use for ornamental purposes | 50 tonnes |
200127*, 200128, 080111*, 080112 | Paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins) | Use as paint | 1,000 litres |
190599 | Compost produced for the purposes of growing mushrooms only | Use in growing mushrooms | 1,000 tonnes |
170102, 170904 | Stones and bricks capable of being used in their existing state only | Use in construction of buildings, fencing, barriers, containment or similar above ground construction | 100 tonnes |
170201, 191207, 200138 | Non-hazardous wood including telegraph poles and railway sleepers and lock gates and associated balance beams | Use in construction of buildings, fencing, barriers, containment or similar above ground construction | 100 tonnes |
110105*, 110107* | Ferric chloride and aluminium hydroxide only | Use in treating municipal waste water effluent | 50 cubic metres |
110105*, 110107* | Ferric chloride and aluminium hydroxide only | Use in potable water treatment processes | 50 cubic metres |
190902, 190903, 190906 | Sludges/solutions from the treatment of water only | Use in treating municipal waste water effluent | 50 cubic metres |
100201, 100202, 170504, 191209 | Blast furnace slag and stones only | Use as filter media at waste water treatment works | 50,000 tonnes |
170204*, 191206*, 200137* | Hazardous wooden telegraph poles and railway sleepers and lock gates and associated balance beams only | Use in construction of buildings, fencing, barriers, containment or similar above ground construction | 100 tonnes |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total amount of waste used or stored at any one time does not exceed the quantity limit specified in the fourth column,
b
in relation to any relevant waste to which code 160103 applies (end-of-life tyres), within the quantity limit specified for that waste type, not more than 10 tonnes is stored together,
c
the waste is not treated or required to be treated prior to use,
d
in relation to any relevant waste to which code 110105* (ferric chloride), 110107* (aluminium hydroxide), 190902, 190903, 190906 (sludges/solutions from the treatment of water) applies, the waste is stored—
i
with secondary containment, and
ii
in a location with sealed drainage, and
e
in relation to any relevant waste to which code 110105* (ferric chloride), 110107* (aluminium hydroxide) applies, within the quantity limit specified for that waste type, not more than 10 tonnes of waste may be used per day.
Use of waste to manufacture finished goods (U9)9
1
The use of relevant waste to manufacture finished goods.
2
The table specifying relevant waste for the purposes of this paragraph and the quantity limits referred to in sub-paragraph (3)(a) is set out below.
Codes | Waste types | Quantity limit (at any one time) | Additional specific conditions |
|---|---|---|---|
100101, 100102 | Ash only | 500 tonnes | A |
101208 | Ceramics | 100 tonnes | A |
101112, 150107, 191205, 200102 | Glass | 5,000 tonnes | A |
100105 | Gypsum only | 500 tonnes | A |
200199 | Lion faeces only | 5 tonnes | B |
120101, 120103, 150104, 160117, 160118, 191001, 191002, 191202, 191203, 200140 | Metals | 500 tonnes | A |
150101, 191201, 200101 | Paper and cardboard | 15,000 tonnes | C, D |
070213, 120105, 150102, 191204, 200139 | Plastics | 500 tonnes | E |
191204 | Rubber only | 30 tonnes | E, F |
040221, 040222, 150109, 191208, 200110, 200111 | Textiles | 1,000 tonnes | B |
030105, 030301, 150103, 191207, 200138 | Wood, bark, cork, sawdust, shavings, cuttings, particle board | 100 tonnes | B |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste used or stored at any one time does not exceed the quantity limit specified in the third column of the table in sub-paragraph (2),
b
the waste is stored in a secure location at the place where the manufacturing is carried on,
c
the operation does not involve any activity falling within a description in Part A(1) or Part A(2) of Part 2 of Schedule 1, and
d
the operation complies with such of the following additional specific conditions as are specified in the fourth column of the table—
A | the waste is stored at a location with sealed drainage; |
B | the waste is stored indoors or in a secure container; |
C | the waste is stored in a baled form, in a container or indoors; |
D | within the quantity limit specified in the third column of the table and notwithstanding additional specific condition C, up to 1,000 tonnes may be stored outdoors so long as it is stored in an enclosure designed and maintained to prevent the escape of litter; |
E | the waste is not subject to heat treatment; |
F | the total quantity of waste stored together does not exceed 10 tonnes. |
4
For the purposes of this paragraph, “finished goods” means goods that are ready for use by an end consumer without any further processing.
Spreading waste on agricultural land to confer benefit (U10)10
1
The spreading of relevant waste on agricultural land to confer benefit to the land for the purposes of providing, maintaining or improving the soil's ability to provide a growing medium by adding nutrients, lime or biomass.
2
The table specifying relevant waste for the purposes of this paragraph and the quantity and storage limits referred to in sub-paragraph (3) is set out below.
Codes | Waste types | Quantity limit | Storage limit (at any one time) | Period | Additional specific conditions |
|---|---|---|---|---|---|
010102, 010408, 170504 | Chalk only | 50 tonnes per hectare | 200 tonnes | 12 months | A |
020101 | Sludges from washing and cleaning fruit and vegetables on farm only | 50 tonnes per hectare | 200 tonnes | 12 months | A, F |
020199, 020399 | Untreated wash waters from cleaning fruit and vegetables on farm only | 100 tonnes per hectare | 200 tonnes | 12 months | A, F |
020305 | Effluent from the on-site treatment of wash waters from cleaning fruit and vegetables on farm only | 100 tonnes per hectare | 200 tonnes | 12 months | A, F |
020401, 020399 | Soil from cleaning and washing fruit and vegetables only | 50 tonnes per hectare | 200 tonnes | 12 months | A |
020199 | Milk from agricultural premises only | 50 cubic metres of diluted milk per hectare | 200 tonnes | 24 hours | A, B, E |
100101 | Ash from wood chip boilers produced pursuant to an operation described in paragraph U4 only | 1 tonne per hectare | 10 tonnes | 12 months | A |
170506 | Dredging spoil (other than those mentioned in 170505) generated from the creation or maintenance of habitats, ditches or ponds within parks, gardens, fields and forests only | 150 tonnes per hectare | 1,250 tonnes | 12 months | C |
020199 | Spent compost from the growing of mushrooms only | 50 tonnes per hectare | 500 tonnes | 12 months | A |
190599 | Compost produced pursuant to a treatment described in paragraph T23 or T26 only | 50 tonnes per hectare | 500 tonnes | 12 months | A |
190604 | Digestate produced pursuant to a treatment described in paragraph T24 or T25 only | 50 tonnes per hectare | 200 tonnes | 12 months | A |
190812 | Waste consisting of biobed or biofilter material produced pursuant to a treatment described in paragraph T32 only | 50 tonnes per hectare | 200 tonnes | 12 months | A, D |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste spread does not exceed the limit specified in the third column of the table in sub-paragraph (2) over the period specified in the fifth column,
b
the total quantity of waste stored at any one time does not exceed the limit specified in the fourth column of the table,
c
subject to additional specific conditions D and E in paragraph (f), where they apply, no waste is stored for longer than 12 months prior to spreading,
d
the waste is stored in a secure location prior to spreading,
e
at the time the spreading begins—
i
the land has not been frozen for 12 or more hours in the preceding 24 hours,
ii
the land is not waterlogged, frozen or snow-covered, and
f
the operation complies with such of the following additional specific conditions as are specified in the sixth column of the table—
A | the location of any waste which is stored or land which is spread is at least 10 metres from a watercourse and 50 metres from a spring, well or bore-hole; |
B | prior to spreading, the waste is diluted with not less than an equal quantity of water or slurry and the land is spread not more than once in any 4-week period; |
C | the waste is spread adjacent to the place from which it was dredged; |
D | the waste is stored for at least 12 months prior to spreading; |
E | the waste is not stored for longer than 24 hours prior to spreading; |
F | the waste is spread at the place where it is produced. |
Spreading waste on non-agricultural land to confer benefit (U11)11
1
The spreading of relevant waste on land that is not agricultural land for the purposes of providing, maintaining or improving the soil's ability to provide a growing medium by adding nutrients, lime or bio-mass.
2
The table specifying relevant waste for the purposes of this paragraph and the quantity and storage limits referred to in sub-paragraph (3) is set out below.
Codes | Waste types | Quantity limit (over 12 months) | Storage limit (at any one time) | Additional specific conditions |
|---|---|---|---|---|
010102, 010408, 170504 | Chalk only | 50 tonnes per hectare | 200 tonnes | A |
020202 | Shellfish shells from which the soft tissue or flesh has been removed only | 50 tonnes per hectare | 200 tonnes | A |
020399, 020401 | Soil from cleaning and washing fruit and vegetables only | 50 tonnes per hectare | 200 tonnes | A |
100101 | Ash from wood chip boilers produced pursuant to an operation de-scribed in paragraph U4 only | 1 tonne per hectare | 10 tonnes | A |
170506 | Dredging spoil (other than those mentioned in 170505) generated from the creation or maintenance of habitats, ditches or ponds within parks, gardens, fields and forests only | 150 tonnes per hectare | 1,250 tonnes | B |
020199 | Spent compost from the growing of mushrooms only | 50 tonnes per hectare | 500 tonnes | A |
190599 | Compost produced pursuant to a treatment de-scribed in paragraph T23 or T26 only | 50 tonnes per hectare | 500 tonnes | A |
190604 | Digestate produced pursuant to a treatment described in paragraph T24 or T25 only | 50 tonnes per hectare | 200 tonnes | A |
190812 | Waste consisting of biobed or biofilter material produced pursuant to a treatment described in paragraph T32 only | 50 tonnes per hectare | 200 tonnes | A, C |
200108 | Coffee grounds only | 50 tonnes per hectare | 200 tonnes | A |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste spread does not exceed the limit specified in the third column of the table in sub-paragraph (2) over any 12-month period,
b
the total quantity of waste stored at any one time does not exceed the limit specified in the fourth column of the table,
c
subject to additional specific condition C in paragraph (f), where it applies, no waste is stored for longer than 12 months prior to spreading,
d
the waste is stored in a secure location prior to spreading,
e
at the time the spreading begins—
i
the land has not been frozen for 12 or more hours in the preceding 24 hours;
ii
the land is not waterlogged, frozen or snow-covered, and
f
the operation complies with such of the following additional specific conditions as are specified in the fifth column of the table—
A | the location of any waste which is stored or land which is spread is at least 10 metres from a watercourse and 50 metres from a spring, well or borehole; |
B | the waste is spread adjacent to the place from which it was dredged; |
C | the waste is stored for at least 12 months prior to spreading. |
Use of mulch (U12)12
1
The use of relevant waste as a mulch.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste Types |
|---|---|
020103, 191207, 200201 | Untreated wood and plant matter |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste used or stored over any period of 1 month does not exceed 100 tonnes, and
b
the waste is stored in a secure location prior to use.
Spreading of plant matter to confer benefit (U13)13
1
The spreading of relevant waste at the place of production to confer benefit.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste Types |
|---|---|
020103, 020107, 020304, 200201 | Plant tissue only |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste spread over any 12-month period does not exceed 50 tonnes per hectare,
b
at the time the spreading begins—
i
the land has not been frozen for 12 or more hours in the preceding 24 hours;
ii
the land is not waterlogged, frozen or snow-covered, and
c
except for waste which is spread on the banks of the waters from which it was produced, no waste is spread within 50 metres of any watercourse, spring, well or borehole.
Incorporation of ash into soil (U14)14
1
The incorporation of ash which is relevant waste into soil resulting from a qualifying operation.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste Types |
|---|---|
020103, 020107, 200201 | Ash from burning of plant tissue only |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste incorporated into soil does not exceed 10 tonnes per hectare, and
b
ashes of burnt cereal, straw or cereal stubble are not allowed, without reasonable excuse, proof of which lies on the establishment or undertaking carrying on the operation, to remain on the soil for longer than 24 hours after the commencement of the burning but must be incorporated into the soil—
i
within that period, or
ii
in a case where, having regard to wind conditions to do so would be likely to cause nuisance, as soon as conditions allow.
4
For the purposes of this paragraph, a “qualifying operation” is one that—
a
involves the burning of cereal straw or cereal stubble,
b
falls within a description in paragraph D7, and
c
complies with the specific conditions specified in that paragraph and the general conditions specified in Chapter 3.
Pig and poultry ash (U15)15
1
The spreading of relevant waste on agricultural land at the place of production.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste Types |
|---|---|
190112 | Ash from the incineration of pig and poultry carcasses only |
3
For the purposes of this paragraph, the specific conditions are that—
a
the total quantity of waste spread over any 12-month period does not exceed 150kg per hectare,
b
the waste is mixed with an equal volume or more of manure or slurry prior to spreading,
c
the waste is stored in a secure place prior to spreading,
d
the location of the waste which is stored or land which is spread is at least—
i
10 metres from a watercourse;
ii
50 metres from a spring, well or borehole, and
e
at the time of the spreading—
i
the land has not been frozen for 12 or more hours in the preceding 24 hours;
ii
the land is not waterlogged, frozen or snow-covered.
Use of depolluted end-of-life vehicles for vehicle parts (U16)16
1
The use of relevant waste for vehicle parts.
2
The table specifying relevant waste for the purposes of this paragraph is set out below.
Codes | Waste Types |
|---|---|
160106 | End-of-life vehicles, containing neither liquids nor other hazardous components |
160122 | Non-hazardous components from end-of-life vehicles only |
3
For the purposes of this paragraph, the specific conditions are that—
a
no more than two depolluted end-of-life vehicles are stored at any one time,
b
in relation to relevant waste to which code 160122 (non-hazardous components from end-of-life vehicles) applies, the total quantity of waste stored at any one time does not exceed 5 cubic metres,
c
the waste is stored in a secure place,
d
the waste is stored on an impermeable surface, and
e
the operation is for the purposes of re-using the waste.
4
In this paragraph—
“depolluted” means that the vehicle has been subjected to all of the operations described in paragraph 3 of Annex 1 to the End-of-Life Vehicles Directive;
F1“end-of-life vehicle” means a motor vehicle which is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive.