http://www.legislation.gov.uk/id/uksi/2016/1154

SCHEDULE 1Activities, installations and mobile plant

Regulation 2(1)

PART 1Interpretation and application: general

Interpretation1

1

In this Schedule—

“activity” means, subject to this Part, an activity listed in Part 2 of this Schedule;
“installation” means—
1. a
  a stationary technical unit where one or more activities are carried on, and
2. b
  any other location on the same site where any other directly associated activities are carried on,
and references to an installation include references to part of an installation;
“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.

2

In sub-paragraph (1), “directly associated activity” means an operation which—

a

has a technical connection with the activity,

b

is carried on on the same site as the activity, and

c

could have an effect on pollution.

Activities falling within more than one Part description2

1

Where, in Part 2 of this Schedule, an activity falls within a description in Part A(1) and a description in Part A(2), that activity must be regarded as falling only within that description which fits it most aptly.

2

Where, in Part 2 of this Schedule, an activity falls within a description in Part A(1) and a description in Part B, that activity must be regarded as falling only within the description in Part A(1).

3

Where, in Part 2 of this Schedule, an activity falls within a description in Part A(2) and a description in Part B, that activity must be regarded as falling only within the description in Part A(2).

Application of activities falling within Part 23

An activity is not to be taken to be an activity falling within Part 2 of this Schedule if it is—

a

carried on in a working museum to demonstrate an industrial activity of historic interest,

b

carried on for educational purposes in a school as defined in section 4(1) of the Education Act 1996 M1,

c

carried on at an installation, other than a waste incineration plant or a waste co-incineration plant, or by means of Part B mobile plant, where the installation or plant is used solely for research, development or testing of new products or processes,

d

the running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it,

e

the running of an engine in order to test it before it is installed or in the course of its development,

f

carried on as a domestic activity in connection with a private dwelling, or

g

carried on at a waste incineration plant or a waste co-incineration plant used for research, development and testing in order to improve the incineration process and which treats less than 50 tonnes of waste per year.

Application of thresholds for Part A(1) or Part A(2) activities4

For the purposes of assessing whether an activity is above any of the thresholds for any Part A(1) activity or Part A(2) activity, where several activities falling under the same description of activity containing a threshold are operated in the same installation, the capacities of those activities must be added together.

Operation below thresholds: effect on the installation5

1

Where an operator is authorised by an environmental permit to operate an installation at which Part A(1) activities, Part A(2) activities or Part B activities which are described in Part 2 of this Schedule by reference to a threshold (whether in terms of capacity or otherwise) are carried on, the installation does not cease to be a Part A(1) installation, a Part A(2) installation or a Part B installation, as the case may be, by virtue of the installation being operated below the relevant threshold unless the permit ceases to have effect in accordance with these Regulations.

Application of Part B activities: releases into the air6

1

Subject to sub-paragraph (2), an activity is not to be taken to be a Part B activity within Part 2 of this Schedule if it cannot result in the release into the air of a substance listed in sub-paragraph (3) or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

2

Sub-paragraph (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried on.

3

References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances—

a

oxides of sulphur and other sulphur compounds;

b

oxides of nitrogen and other nitrogen compounds;

c

oxides of carbon;

d

organic compounds and partial oxidation products;

e

metals, metalloids and their compounds;

f

asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;

g

halogens and their compounds;

h

phosphorus and its compounds;

i

particulate matter.

References to releases into water7

1

References in Part 2 of this Schedule to a substance, or to the release into water of a substance, listed in this sub-paragraph or to its release in a quantity which, in any 12-month period, is greater than the background quantity by an amount specified in this sub-paragraph are references to the following substances and amounts—

Table

Substance	Amount greater than the background quantity (in grams) in any 12-month period
Mercury and its compounds	200 (expressed as metal)
Cadmium and its compounds	1,000 (expressed as metal)
All isomers of hexachlorocyclohexane	20
All isomers of DDT	5
Pentachlorophenol and its compounds	350 (expressed as PCP)
Hexachlorobenzene	5
Hexachlorobutadiene	20
Aldrin	2
Dieldrin	2
Endrin	1
Polychlorinated Biphenyls	1
Dichlorvos	0.2
1, 2-Dichloroethane	2,000
All isomers of trichlorobenzene	75
Atrazine	350¹
Simazine	350¹
Tributyltin compounds	4 (expressed as TBT)
Triphenyltin compounds	4 (expressed as TPT)
Trifluralin	20
Fenitrothion	2
Azinphos-methyl	2
Malathion	2
Endosulfan	0.5
¹ Where both Atrazine and Simazine are released, the figure for both substances in aggregate is 350 grams.

2

In sub-paragraph (1), “background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—

a

water supplied to the site where the activity is carried on,

b

water abstracted for use in the activity, and

c

precipitation onto the site on which the activity is carried on.

References to certain substances8

1

References in Part 2 of this Schedule to a substance listed in this paragraph are to any of the following substances—

a

alkali metals and their oxides and alkaline earth metals and their oxides;

b

organic solvents;

c

azides;

d

halogens and their covalent compounds;

e

metal carbonyls;

f

organo-metallic compounds;

g

oxidising agents;

h

polychlorinated dibenzofuran and any congener thereof;

i

polychlorinated dibenzo-p-dioxin and any congener thereof;

j

polyhalogenated biphenyls, terphenyls and naphthalenes;

k

phosphorus;

l

pesticides.

2

In sub-paragraph (1), “pesticide” means any chemical substance or preparation prepared or used for destroying any pest, including those used for—

a

protecting plants or wood or other plant products from harmful organisms,

b

regulating the growth of plants,

c

giving protection against harmful creatures or rendering such creatures harmless,

d

controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or

e

protecting animals against ectoparasites.

PART 2Activities

CHAPTER 1Energy activities

SECTION 1.1Combustion activities

Part A(1)

a

Burning any fuel in an appliance with a rated thermal input of 50 or more megawatts.

Interpretation and application of Part A(1)

1

For the purpose of Part A(1) of this Section, where two or more appliances with an aggregate rated thermal input of 50 or more megawatts are operated on the same site by the same operator, those appliances must be treated as a single appliance with a rated thermal input of 50 or more megawatts.

2

Nothing in this Part of this Section applies to burning fuels in an appliance installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea.

3

In paragraph 2, “offshore platform” means any fixed or floating structure which—

a

is used for the purposes of or in connection with the production of petroleum, and

b

in the case of a floating structure, is maintained on a station during the course of production,

but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs.

4

In paragraph 3, “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.

5

Nothing in this Part of this Section applies to burning fuels in an appliance installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 M2.

Part B

Unless falling within Part A(1) of this Section—

a

Burning any fuel in—

i

a boiler,

ii

a furnace,

iii

a gas turbine, or

iv

a compression ignition engine,

with a net rated thermal input of 20 or more megawatts, but a rated thermal input of less than 50 megawatts.

b

ii

lignite,

iii

oil,

iv

other carbonaceous material, or

v

mixtures of any of these,

otherwise than with a view to making charcoal.

g

Activities involving the liquefaction or gasification of other carbonaceous material.

Interpretation and application of Part A(1)

1

Part A(1)(f) does not include—

a

the use of any substance as a fuel;

b

the incineration in a waste incineration plant or waste co-incineration plant of any substance as a waste;

c

any activity for the treatment of sewage or sewage sludge;

d

the anaerobic digestion of biodegradable material, whether or not containing or comprising waste.

2

In Part A(1)(f), the heat treatment of oil, other than distillation, does not include the heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.

3

In Part A(1), “carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood, but does not include wood which has not been chemically treated or sewage.

4

In paragraph (1)(d), “anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable materials which—

a

is carried on under controlled anaerobic conditions,

b

produces a methane-rich gas mixture, and

c

results in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

Part A(2)

a

Refining gas where this activity does not fall within Part A(1)(a) of this Section.

Part B

a

Blending odorant for use with natural gas or liquefied petroleum gas.

b

The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading at a terminal of petrol into or from road tankers, rail tankers or inland waterway vessels.

c

The unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any 12-month period is likely to be 500m³ or more.

d

Motor vehicle refuelling activities at an existing service station after the prescribed date, if the throughput of petrol at that service station in any 12-month period is or is likely to be in excess of 3,000m³.

e

Motor vehicle refuelling activities at a new service station, if the throughput of petrol at that service station in any 12-month period is, or is intended to be in excess of 500m³.

f

Motor vehicle refuelling activities at a new service station if the throughput of petrol at that service station in any 12-month period is, or is intended to be in excess of 100m³ and it is situated under permanent living quarters or working areas.

Interpretation of Part B

1

In Part B—

“existing service station” means a service station—
1. a
  which was put into operation, or
2. b
  for which planning permission under the Town and Country Planning Act 1990 M3 was granted,
before 1st January 2010;
“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 or more tonnes;
“new service station” means—
1. a
  a service station for which planning permission under the Town and Country Planning Act 1990 was granted on or after 1st January 2010 and—
  1. i
    in relation to paragraph (e) of Part B, it is put into operation on or after 1st January 2010;
  2. ii
    in relation to paragraph (f) of Part B, it is put into operation on or after 1st January 2012;
2. b
  any existing service station which, on or after 1st January 2012, undergoes a major refurbishment, which has the same meaning as in PVR II;
“petrol” means any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 or more kilopascals, which is intended for use as a fuel for motor vehicles;
“prescribed date” means 31st December 2011 if the throughput is in excess of 3,500m³ and 31st December 2018 if the throughput is in excess of 3,000m³;
“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks but does not include any service station exclusively used in association with the construction and delivery of new motor vehicles;
“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.

2

Any other expressions used in Part B which, in relation to paragraphs (b) and (c), are also used in PVR I or, in relation to paragraphs (d) to (f), are also used in PVR II, have the same meaning as in those Directives.

CHAPTER 2Production and processing of metals

SECTION 2.1Ferrous metals

Interpretation of Section 2.1

1

In this Section, “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.

Part A(1)

a

Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials.

a cupola, crucible, reverberatory, rotary, induction, vacuum, electro-slag or resistance furnace.

c

Desulphurising iron, steel or any ferrous alloy.

d

Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from scrap cable), unless—

i

it is carried on in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a rated thermal input of less than 0.2 megawatts,

ii

it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant, and

iii

it is not related to any other activity falling within this Part of this Section.

e

Unless falling within Part A(1) or Part A(2) of this Section, casting iron, steel or any ferrous alloy from deliveries of 50 or more tonnes of molten metal.

SECTION 2.2Non-ferrous metals

Interpretation and application of Section 2.2

1

Part A(1) and Part B do not apply to hand soldering, flow soldering or wave soldering.

Part A(1)

a

Unless falling within Part A(2) of this Section, producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities.

it involves the use of 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, and

ii

it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

c

Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate of 20 or less tonnes per day.

d

Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate of 20 or less tonnes per day.

e

Unless falling within Part A(1) or Part A(2) of this Section, the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting.

Interpretation and application of Part B

1

When determining the extent of an installation carrying on an activity within Part B(e), any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried on, other than a location where scrap is loaded into a furnace, is to be ignored.

2

In Part B, “non-ferrous metal alloy” means an alloy which is not a ferrous alloy, as defined in Section 2.1.

SECTION 2.3Surface treating metals and plastic materials

Part A(1)

a

Unless falling within Part A(2) of this Section, surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m³.

Part A(2)

a

Surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m³ and where the activity is carried on at the same installation as one or more activities falling within—

i

Part A(2) or Part B of Section 2.1,

ii

Part A(2) or Part B of Section 2.2, or

iii

Part A(2) or Part B of Section 6.4.

Part B

a

Any process for the surface treatment of metal which is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within Part A(1) or Part A(2) of this Section.

CHAPTER 3Mineral industries

SECTION 3.1Production of cement and lime

Part A(1)

a

Producing cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day.

b

Producing lime or magnesium oxide in kilns with a production capacity of more than 50 tonnes per day.

Part A(2)

a

Grinding cement clinker.

Part B

asbestos filters,

v

asbestos floor coverings,

vi

asbestos friction products,

vii

asbestos insulating board,

viii

asbestos jointing, packaging or reinforcement material,

ix

asbestos packing,

x

asbestos paper or card, or

xi

asbestos textiles.

SECTION 3.3Manufacturing glass and glass fibre

Part A(1)

a

Manufacturing glass fibre in plant with a melting capacity exceeding 20 tonnes per day.

Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.

Part B

a

Unless falling within Part A(1) or Part A(2) of any Section, the crushing, grinding or other size reduction, other than the cutting of stone, or the grading, screening or heating of any designated mineral or mineral product except where the operation of the activity is unlikely to result in the release into the air of particulate matter.

b

Any of the following activities unless carried on at an exempt location—

i

crushing, grinding or otherwise breaking up coal, coke or any other coal product;

ii

screening, grading or mixing coal, coke or any other coal product;

iii

loading or unloading petroleum coke, coal, coke or any other coal product except unloading on retail sale.

c

The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.

d

Screening the product of any activity described in paragraph (c).

e

Coating road stone with tar or bitumen.

f

Loading, unloading or storing pulverised fuel ash in bulk prior to further transportation in bulk.

g

The fusion of calcined bauxite for the production of artificial corundum.

Interpretation and application of Part B

1

In Part B—

“coal” includes lignite;
“designated mineral or mineral product” means—
1. a
  clay, sand or any other naturally occurring mineral other than coal;
2. b
  metallurgical slag;
3. c
  boiler or furnace ash produced from the burning of coal, coke or any other coal product;
4. d
  gypsum which is a by-product of any activity;
“exempt location” means—
1. a
  any premises used for the sale of petroleum coke, coal, coke or any coal product where the throughput of such substances at those premises in any 12-month period is in aggregate likely to be less than 10,000 tonnes, or
2. b
  any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there;
“retail sale” means sale to the final customer.

2

Part B does not apply to any activity carried on underground.

SECTION 3.6Ceramic production

Part A(1)

a

Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

i

the kiln production capacity is more than 75 tonnes per day, or

ii

the kiln capacity is more than 4m³ and the setting density is more than 300kg/m³,

and a reducing atmosphere is used other than for the purposes of colouration.

Part A(2)

a

Unless falling within Part A(1) of this Section, manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

i

the kiln production capacity is more than 75 tonnes per day, or

ii

the kiln capacity is more than 4m³ and the setting density is more than 300kg/m³.

Part B

a

Unless falling within Part A(1) or A(2) of this Section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln.

b

Vapour glazing earthenware or clay with salts.

Interpretation of Part B

1

In Part B—

“clay” includes a blend of clay with ash, sand or other materials;
“refractory material” means material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications.

CHAPTER 4The chemical industry

Interpretation of Chapter 4

1

In Part A(1) of the Sections of this Chapter, “producing” means the production on an industrial scale by chemical or biological processing of substances or groups of substances listed in the relevant Sections.

SECTION 4.1Organic chemicals

Interpretation of Section 4.1

1

In this Section, “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

Part A(1)

a

Producing organic chemicals such as—

i

hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

ii

organic compounds containing oxygen (for example alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins);

iii

organic compounds containing sulphur (for example sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics);

iv

organic compounds containing nitrogen (for example amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers);

v

organic compounds containing phosphorus (for example substituted phosphines and phosphate esters);

vi

organic compounds containing halogens (for example halocarbons, halogenated aromatic compounds and acid halides);

vii

organometallic compounds (for example lead alkyls, Grignard reagents and lithium alkyls);

viii

plastic materials (for example polymers, synthetic fibres and cellulose-based fibres);

ix

synthetic rubbers;

x

dyes and pigments;

xi

surface-active agents.

Part B

a

Unless falling within Part A(1) of this Section, any activity where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12-month period of 5 or more tonnes of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.

b

The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

c

Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any 12-month period, the polymerisation or co-polymerisation of 100 or more tonnes of unsaturated hydrocarbon.

d

Unless falling within Part A(1) of this Section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if—

i

less than 5 tonnes of toluene di-isocyanate monomer is likely to be used in any 12-month period, and

ii

the activity may result in a release into the air which contains toluene di-isocyanate.

Organic chemicals

Interpretation of Section 4.1

1

Part A(1)

a

Producing organic chemicals such as—

i

hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

ii

organic compounds containing oxygen (for example alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins);

iii

organic compounds containing sulphur (for example sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics);

iv

v

organic compounds containing phosphorus (for example substituted phosphines and phosphate esters);

vi

organic compounds containing halogens (for example halocarbons, halogenated aromatic compounds and acid halides);

vii

organometallic compounds (for example lead alkyls, Grignard reagents and lithium alkyls);

viii

plastic materials (for example polymers, synthetic fibres and cellulose-based fibres);

ix

synthetic rubbers;

x

dyes and pigments;

xi

surface-active agents.

Part B

a

b

The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

platinum,

ix

selenium,

x

tellurium,

xi

v

toluene di-isocyanate, 20 tonnes;

vi

vinyl chloride monomer, 20 tonnes;

vii

ethylene, 8,000 tonnes.

CHAPTER 5Waste management

SECTION 5.1Incineration and co-incineration of waste

Part A(1)

a

The incineration of hazardous waste in a waste incineration plant or waste co-incineration plant with a capacity exceeding 10 tonnes per day.

b

The incineration of non-hazardous waste in a waste incineration plant or waste co-incineration plant with a capacity exceeding 3 tonnes per hour.

c

The incineration, other than incidentally in the course of burning landfill gas or solid or liquid waste, of any gaseous compound containing halogens.

Part B

a

The incineration in a small waste incineration plant with an aggregate capacity of 50kg or more per hour of the following waste—

i

vegetable waste from agriculture or forestry;

1

In Part A(1), “anaerobic digestion” has the same meaning as in the Industrial Emissions Directive.

SECTION 5.5The production of fuel from waste

Part A(1)

a

Making solid fuel (other than charcoal) from waste by any process involving the use of heat.

SECTION 5.6Temporary or underground storage of hazardous waste

Part A(1)

a

Temporary storage of hazardous waste with a total capacity exceeding 50 tonnes pending any of the activities listed in Sections 5.1, 5.2, 5.3 and paragraph (b) of this Section, except—

i

temporary storage, pending collection, on the site where the waste is generated, or

ii

activities falling within Section 5.2.

b

Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.

Part A(1)

a

Pre-treating (by operations such as washing, bleaching or mercerization) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.

Part A(2)

a

Unless falling within Part A(1) of this Section, surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150kg or more per hour than 200 tonnes per year.

Part B

a

Unless falling within Part A(1) or Part A(2) of this Section or Part A(2)(c) of Section 2.1, any process (other than for the re-painting or re-spraying of, or of parts of, aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any 12-month period of—

i

20 or more tonnes of printing ink, paint or other coating material which is applied in solid form,

ii

20 or more tonnes of any metal coating which is sprayed on in molten form,

iii

25 or more tonnes of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity, or

iv

5 or more tonnes of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).

b

Unless falling within Part A(2) of this Section, re-painting or re-spraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 or more tonnes of organic solvents in any 12-month period.

c

Re-painting or re-spraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use in any 12-month period of—

i

20 or more tonnes of any paint or other coating material which is applied in solid form,

ii

20 or more tonnes of any metal coatings which are sprayed on in molten form, or

iii

5 or more tonnes of organic solvents.

Interpretation and application of Part B

1

In Part B—

“aircraft” includes gliders and missiles;
“coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material.

2

The amount of organic solvents used in an activity must be calculated as—

a

the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes, less

b

any organic solvents that are removed from the process for re-use or for recovery for re-use.

3

When determining the extent of an installation carrying on an activity within Part B, any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried on is to be ignored, unless that location forms part of a regulated facility at which a solvent emission activity is carried out.

SECTION 6.5The manufacture of dyestuffs, printing ink and coating materials

Part B

a

Unless falling within Part A(1) or Part A(2) of any other Section—

i

manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying on of the activity is likely to involve the use of 100 or more tonnes of organic solvents in any 12-month period;

ii

manufacturing any powder for use as a coating where the process uses lead chromate or triglycidyl isocyanurate and material where there is the capacity to produce 200 or more tonnes of such powder in any 12-month period.

Interpretation of Part B

1

In Part B, “coating material” has the same meaning as in Section 6.4.

2

The amount of organic solvents used in an activity must be calculated as—

a

the total input of organic solvents into the process, including both solvents contained in coating materials and solvents for cleaning or other purposes, less

b

any organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

SECTION 6.6Timber activities

Part A(2)

a

Preservation of wood and wood products with chemicals with a production capacity exceeding 75m³ per day other than exclusively treating against sapstain.

Part B

a

Unless falling within Part A(2) of Section 6.1, manufacturing products wholly or mainly of wood at any works if the activity involves a relevant activity and the throughput of the works in any 12-month period is likely to be more than—

i

10,000 cubic metres in the case of works at which wood is only sawed, or wood is sawed and subjected to excluded activities, or

ii

1,000 cubic metres in any other case.

Interpretation of Part B

1

In Part B and in this paragraph—

“excluded activity” means any relevant activity (other than sawing) which, ignoring any sawing carried on at the works, would be unlikely to result in the release into the air of any substance in paragraph 6(3) of Part 1 of this Schedule in a quantity capable of causing significant harm;
“relevant activity” means the sawing, drilling, sanding, shaping, turning, planing, curing or chemical treatment of wood;
“throughput” means the amount of wood which is subjected to a relevant activity, but where wood is subject to two or more relevant activities at the same works, the second and any subsequent activity is to be ignored;
“wood” includes any product consisting wholly or mainly of wood;
“works” includes a sawmill or any other premises where relevant activities are carried on.

SECTION 6.7Activities involving rubber

Part A(2)

a

Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any 12-month period of 50,000 or more tonnes of one or more of the following—

i

natural rubber;

ii

synthetic organic elastomers;

iii

other substances mixed with them.

Part B

a

Unless falling within Part A(1) or Part A(2) of any Section, the mixing, milling or blending of—

i

natural rubber, or

ii

synthetic organic elastomers,

if carbon black is used.

b

Any activity which converts the product of an activity falling within paragraph (a) into a finished product if related to an activity falling within that paragraph.

SECTION 6.8The treatment of animal and vegetable matter and food industries

Interpretation of Section 6.8

1

In this Section—

“animal” includes a bird or a fish;
“controlled waters” has the meaning given in section 104 of the 1991 Act;
“excluded activity” means—
1. a
  any activity carried on on a farm or agricultural holding other than—
  1. i
    the manufacture of goods for sale;
  2. ii
    the production of compost for growing mushrooms;
2. b
  the manufacture or preparation of food or drink for human consumption but excluding—
  1. i
    the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as an activity incidental to the cooking of food for human consumption;
  2. ii
    any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption;
  3. iii
    the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed;
3. c
  the fleshing, cleaning and drying of pelts of fur-bearing mammals;
4. d
  any activity carried on in connection with the operation of a collection centre for animal by-products;
5. e
  any activity for the manufacture of soap not falling within Part A(1) of Section 4.1;
6. f
  the storage of vegetable matter not falling within any other Section;
7. g
  the manufacture of starch;
8. h
  the salting of hides or skins, unless related to any other activity listed in this Schedule;
9. i
  any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms;
10. j
  any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers (and “related activity” means an activity being carried on by the same person at the same site);
11. k
  the drying of grain or pulses;
12. l
  any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;
13. m
  the drying of green crops;
“food” includes—
1. a
  drink,
2. b
  articles and substances of no nutritional value which are used for human consumption, and
3. c
  articles and substances used as ingredients in the preparation of food.

2

In sub-paragraph (1)—

“green crops” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops;
“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents.

Part A(1)

a

Tanning hides and skins at a plant with a treatment capacity of more than 12 tonnes of finished products per day.

b

Slaughtering animals at a plant with a carcass production capacity of more than 50 tonnes per day.

c

Disposing of or recycling animal carcasses or animal waste, other than by rendering in a small waste incineration plant, at a plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.

d

Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed (where the weight of the finished product excludes packaging)—

i

only animal raw materials (other than milk only) with a finished product production capacity greater than 75 tonnes per day;

ii

only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;

iii

animal and vegetable raw materials (other than milk only), both in combined and separate products, with a finished product production capacity in tonnes per day greater than—

aa

75 if A is equal to 10 or more, or

bb

300-(22.5 x A) in any other case,

where ‘A’ is the portion of animal material in percent of weight of the finished product production capacity.

e

Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).

Part A(2)

a

F99SCHEDULE 1AModification of the Directives

Regulation 3

Annotations:

Amendments (Textual)

F99

Sch. 1A inserted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), reg. 1, Sch. (as amended by S.I. 2019/559, regs. 1(2), 3(3); S.I. 2019/1078, regs. 1, 3; S.I. 2020/1376, regs. 1(4), 4(2); S.I. 2020/1540, regs. 1(3), 10, 13(2)); 2020 c. 1, Sch. 5 para. 1(1)

Modification of the Asbestos Directive1

1

For the purposes of these Regulations, the Asbestos Directive is to be read in accordance with this paragraph.

2

When interpreting the Asbestos Directive for the purposes of these Regulations—

a

an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part, except for “waste” which has the meaning given in Article 2(5) of the Asbestos Directive read in accordance with sub-paragraph (3);

b

the competent authority is the regulator;

c

a reference to Member States is to be read as a reference to the regulator.

3

Article 2(5) is to be read as if for “Article 1 of Directive 75/442/EEC ” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”.

4

Article 3 is to be read as if paragraph 2 were omitted.

5

Article 5 is to be read as if, in the first paragraph, in point (a), in the first subparagraph, in the second indent, for “competent authorities of the Member States” there were substituted “ regulator ”.

6

Article 6 is to be read as if—

a

after paragraph 1 there were inserted—

1A
In paragraph 1, “regular intervals” means, for the purposes of a regulated facility to which Article 4 applies, intervals of not more than 6 months.

b

paragraph 3 were omitted.

7

Article 8 is to be read as if, in the words before the first indent, the words from “Without” to “Accession,” were omitted.

8

The Annex is to be read as if, in Part B—

a

in Chapter 1, in paragraph 1, in the second subparagraph—

i

in the third sentence, for “controlling authority” there were substituted “ regulator ”;

ii

in the fourth sentence, for “a Member State” there were substituted “ the regulator ”;

b

in Chapter 2—

i

in the first paragraph, “subject to the provisions of Article 6(3) of the Directive,” were omitted;

ii

in the second paragraph, for the words from “using” to the end there were substituted “ in accordance with Article 7(6) of Directive 2009/148/EC of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work ”;

iii

in the third paragraph—

aa

in point 1, for “controlling authority” there were substituted “ regulator ”;

bb

in point 8, for the words from “conform” to the end there were substituted “ be conducted in accordance with Article 7(6) of Directive 2009/148/EC ”.

1

For the purposes of these Regulations, the Batteries Directive is to be read in accordance with this paragraph.

2

Article 2(2)(a) is to be read as if for “Member States' essential security interests” there were substituted “ the essential security interests of the United Kingdom ”.

3

Article 3 is to be read as if—

a

in point (7), for “Article 1(1)(a) of Directive 2006/12/EC ” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”;

b

in point (9), for “Annex IIA to Directive 2006/12/EC” there were substituted “ Annex 1 to the Waste Framework Directive ”.

Modification of the End-of-Life Vehicles Directive4

1

For the purposes of these Regulations, the End-of-Life Vehicles Directive is to be read in accordance with this paragraph.

2

When interpreting the End-of-Life Vehicles Directive for the purposes of these Regulations—

a

an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

b

a reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to England or Wales.

3

Article 2 is to be read as if—

a

for paragraph 1 there were substituted—

1
‘vehicle’ means any motor vehicle;
1A
‘waste’ means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;

i

a county council, or

ii

a county borough council.

in point (f), in the third paragraph, point 4 were omitted.

4

Annex 9 is to be read as if, in Part 2—

a

the heading and the words before the first paragraph were omitted;

b

in the seventh paragraph, “for the purposes of Article 14(5)” were omitted;

c

the ninth and tenth paragraphs were omitted.

in point (6), for “Union” there were substituted “ retained EU ”;

d

for points (7) and (8) there were substituted—

7
‘permit’ means environmental permit;
8
‘general binding rule’—
i
for the purposes of Schedules 15 and 17 to the Environmental Permitting (England and Wales) Regulations 2016, means emission limit values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions;
ii
otherwise, means a standard rule published under regulation 26 of the Environmental Permitting (England and Wales) Regulations 2016;

ii

for “Union” there were substituted “ retained EU ”;

b

after paragraph 1 there were inserted—

1A
The legislation referred to in paragraph 1 is—
a
the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ;
b
the Environmental Damage (Prevention and Remediation) (England) Regulations 2015;
c
the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009;
d
Schedule 22 to the Environmental Permitting (England and Wales) Regulations 2016 and the other EU-derived domestic legislation which transposed Directive 2006/118/EC in respect of England and Wales .

For the purposes of these Regulations, the Landfill Directive is to be read in accordance with this paragraph.

2

When interpreting the Landfill Directive for the purposes of these Regulations—

a

an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

b

“landfill permit” or “permit” means environmental permit;

c

“nature protection zone” means any—

i

European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017), or

ii

site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981 );

d

e

the competent authority is the regulator.

3

Annex 3 is to be read as if—

a

in Part 1, in point 2, for “Article 6(8)” in each place it occurs there were substituted “ paragraph 8(1) of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016 ”;

b

in Part 2, in point 3, for “Article 6(11) and Article 6(12)” there were substituted “ paragraph 11(2) and (4) of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016 ”.

Modification of the Mining Waste Directive9

1

For the purposes of these Regulations, the Mining Waste Directive is to be read in accordance with this paragraph.

2

When interpreting the Mining Waste Directive for the purposes of these Regulations—

a

except where defined in this paragraph, an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

b

“permit” means an environmental permit;

13

Article 20 is to be read as if, in the second sentence, the words from “, taking into account” to the end were omitted.

14

Article 24(4) is to be read as if, in the second indent, “Community or” were omitted.

15

Annex 3 is to be read as if—

a

in the second indent, for “Directive 91/689/EEC” there were substituted “ the Waste Framework Directive ”;

b

in the third indent, for “Directives 67/548/EEC or 1999/45/EC” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”.

16

In sub-paragraph (2)(c), “local authority” has the meaning given in paragraph 4(7).

in points 3 and 4, for “Member States' competent authorities” there were substituted “ regulator ”.

6

Annex 4 is to be read as if points 2.3, 3.2 and 3.5 were omitted.

Modification of PVR II11

1

For the purposes of these Regulations, PVR II is to be read in accordance with this paragraph.

2

Article 3(1) to (3) is to be read as if “Member States shall ensure that” were omitted.

3

Article 4 is to be read as if—

a

in paragraph 1, for the words from “Member States” to “such systems is” there were substituted “ The petrol vapour capture efficiency of Stage II petrol vapour recovery systems must be ”;

b

in paragraph 2, the words from “With effect” to “Article 3,” were omitted.

4

Article 5 is to be read as if—

a

“Member States shall ensure that”, in each place it occurs, were omitted;

b

in paragraph 1, for “is” there were substituted “ must be ”;

c

in paragraph 2, in the first sentence, for “is” there were substituted “ must be ”;

d

in paragraph 3, for “displays” there were substituted “ must display ”.

Modification of the Waste Framework Directive12

1

For the purposes of these Regulations, the Waste Framework Directive is to be read in accordance with this paragraph.

2

When interpreting the Waste Framework Directive for the purposes of these Regulations—

a

an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

b

“permit” means an environmental permit;

c

a reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom’s compliance with that obligation or able to exercise that discretion so far as it related to England or Wales;

d

the competent authority is the regulator.

3

Article 2 is to be read as if—

a

in paragraph 2—

i

in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

ii

in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

iii

in point (d), for the words from “Directive 2006/21/EC ” to the end there were substituted “ the Mining Waste Directive ”;

b

in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted.

4

Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.

5

Article 4(2) is to be read as if the second subparagraph were omitted.

6

Article 5 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A
Any decision as to whether a substance or object is a by-product must be made—
a
in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and
b
having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

c

paragraphs 2 and 3 were omitted.

7

Article 6 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A
Any decision as to whether a substance or object has ceased to be waste must be made—
a
in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and
b
having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

c

in paragraph 2—

i

the first subparagraph were omitted;

ii

in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth subparagraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first subparagraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

bb

the second sentence were omitted;

ii

in the second subparagraph—

aa

for “Member States” there were substituted “The appropriate agency”;

bb

“by competent authorities” were omitted.

8

Article 7 is to be read as if—

a

before paragraph 1 there were inserted—

A1
In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England or in Wales (as the case may be).

b

in paragraph 1—

i

the first and second sentences were omitted;

ii

for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

c

paragraphs 2, 3, 6 and 7 were omitted.

9

Article 19(2) is to be read as if, for “a Member State” there were substituted “ the United Kingdom ”.

9A

Article 35(1) is to be read as if, for the second paragraph, there were substituted—

They shall make that data available to the regulator through any electronic registry established for the reporting of such data or, if no such registry is in operation, in such form and manner as the regulator may specify.

10

Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

11

Annex 4a is to be read as if, in point 6, “, including through Union funds” were omitted.

12

In sub-paragraph (2)(c), “local authority” has the meaning given in paragraph 4(7).

Modification of the Water Framework Directive13

1

For the purposes of these Regulations, the Water Framework Directive is to be read in accordance with this paragraph.

2

Article 2 is to be read as if paragraph 30 were omitted.

3

Article 11(3)(j) is to be read as if—

a

the reference to “Member States” were a reference to the appropriate authority or appropriate agency;

b

in the words after the final indent, for “established for that body of groundwater” there were substituted “ (which has the meaning given in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016) in relation to a river basin district ”.

Modification of the WEEE Directive14

1

For the purposes of these Regulations, the WEEE Directive is to be read in accordance with this paragraph.

2

A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to England or Wales.

3

Article 2 is to be read as if—

a

paragraph 2 were omitted;

b

in paragraph 3(a), for “Member States” there were substituted “ the United Kingdom ”;

c

paragraph 5 were omitted.

4

Article 3(1) is to be read as if—

a

after point (a) there were inserted—

aa
‘waste’ means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;
ab
‘hazardous waste’ has the meaning given by regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;

b

in point (e), “within the meaning of Article 3(1) of Directive 2008/98/EC” were omitted;

c

in point (f)—

i

in the words before point (i), for the words from “distance communication” to the end, there were substituted “ by means of distance communication ”;

ii

in points (i) and (ii)—

aa

for “a Member State” there were substituted “ the United Kingdom ”;

bb

for “territory of that Member State” there were substituted “ United Kingdom ”;

cc

for point (iii) there were substituted—

iii
is established in the United Kingdom and places on the market, on a professional basis, EEE from another country; or

iii

in point (iv), in the first subparagraph —

aa

for “a Member State” there were substituted “ the United Kingdom ”;

bb

“Member State or in a third” were omitted;

d

in point (j), for “a Member State” there were substituted “ the United Kingdom ”;

e

in point (k), for “territory of a Member State” there were substituted “ United Kingdom ”;

f

for points (m) to (o) there were substituted—

m
‘medical device’ means a medical device within the meaning of regulation 2(1) or 69(1) of the Medical Devices Regulations 2002 which is EEE;
n
‘in vitro diagnostic medical device’ means an in vitro diagnostic medical device within the meaning of regulation 2(1) or 137 of the Medical Devices Regulations 2002 which is EEE;
o
‘active implantable medical device’ means an active implantable medical device within the meaning of regulation 2(1) , or the meaning determined in accordance with Schedule 9 to, of the Medical Devices Regulations 2002 which is EEE.

5

Article 3(2) is to be read as if—

a

“ ‘hazardous waste’,” were omitted;

b

for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

6

Article 8(5) is to be read as if the second to fifth subparagraphs were omitted.

7

Article 9 is to be read as if—

a

in paragraph 3—

i

“or the registration referred to in paragraphs 1 and 2” were omitted;

ii

the words from “and for the” to the end were omitted;

b

after paragraph 3 there were inserted—

4
In paragraph 3, “permit” means environmental permit.

8

Annex 7 is to be read as if, in paragraph 1—

a

in the first subparagraph—

i

in the first indent, for the words from “Council Directive 96/59/EC ”to the end there were substituted “ the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 ”;

ii

in the thirteenth indent, for the words from “Commission Directive 97/69/EC ” to the end there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”;

iii

in the fourteenth indent, for the words from “Article 3” to the end there were substituted “ Annex 7 to the Basic Safety Standards Directive ”;

b

in the second subparagraph, for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

9

Annex 8 is to be read as if, in paragraph 1, in the words before the first indent, the words from “(without prejudice” to “landfill of waste)” were omitted.

10

In sub-paragraph (2), “local authority” has the meaning given in paragraph 4(7).

11

In sub-paragraph (4)(c)(i), “by means of distance communication” has the meaning given by regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000 .

SCHEDULE 2Exempt facilities: general

Regulation 4

Interpretation: general1

1

In this Schedule—

“occupier” means a person who is or has been the occupier of the land on which an exempt water discharge activity or exempt groundwater activity is carried on;
“operator” means the person carrying on a water discharge activity or groundwater activity;
“register” means the register which the exemption registration authority is required to establish and maintain under paragraph 11(1);
“registered” means—
1. a
  in relation to a waste operation, that the relevant particulars appear on the register during a valid registration period,
2. b
  in relation to a water discharge activity, groundwater activity or flood risk activity, that the relevant particulars appear on the register,
and “registration” is to be construed accordingly;
“relevant particulars” has the meaning given in paragraph 10(4);
“valid registration period”, for an exempt waste operation, means the period of validity of a registration referred to in paragraph 15(1), as read with paragraph 15(2);
“WEEE operation” means a waste operation falling within a description in paragraph T11.

2

In this Schedule, in relation to an exempt waste operation, a reference to any of paragraphs U1 to U16, T1 to F80T33, D1 to D8 or S1 to S3 has the meaning given in paragraph 1(8) of Chapter 1 of Part 1 of Schedule 3.

a groundwater activity falling within a description in paragraph 4 of Part 3 of Schedule 3.

5

The exemption registration authority in relation to a flood risk activity falling within a description in Part 4 of Schedule 3 is the appropriate agency.

General condition3

The general condition for an operation or activity in this Schedule is that the operation or activity is not an operation or activity that falls within Chapter 5 of Part 2 of Schedule 1 (waste management).

1

An establishment or undertaking seeking to be registered in relation to a waste operation described in Part 1 of Schedule 3, or seeking to renew such a registration, must notify the exemption registration authority of—

a

the relevant particulars, and

b

the information specified in sub-paragraph (5).

2

An occupier or operator seeking to be registered in relation to a water discharge activity described in Part 2 of Schedule 3 or a groundwater activity described in Part 3 of that Schedule must notify the exemption registration authority of the relevant particulars.

3

An operator seeking to be registered in relation to a flood risk activity described in Part 4 of Schedule 3 must notify the exemption registration authority of the relevant particulars.

4

The relevant particulars are—

a

the name and address of—

i

for a waste operation, the establishment or undertaking, or

ii

for a water discharge activity, groundwater activity or flood risk activity, the occupier or operator,

b

a description of the waste operation, water discharge activity, groundwater activity or flood risk activity,

c

the place where the waste operation, water discharge activity, groundwater activity or flood risk activity is carried on, including—

i

the postcode (if applicable), or

ii

the Ordnance Survey National Grid reference point, and

d

if the waste operation is a WEEE operation, the type and quantity of waste subject to the operation.

5

The information in this sub-paragraph is the name and contact details of an individual officer or employee designated by the establishment or undertaking as the primary contact for the purposes of registration.

6

Notification under sub-paragraph (1) or (2) must be in the form specified by the exemption registration authority.

7

A notification under sub-paragraph (1) relating to a waste operation that is a WEEE operation must be accompanied by the applicable fee.

8

In sub-paragraph (7), “applicable fee” means the fee prescribed under a charging scheme made under section 41 of the 1995 Act M4.

provide reasonable facilities to the public for obtaining a copy of an entry on payment of a reasonable charge.

7

A register may be kept in any form.

Duty to remove entries from the register12

1

The duty to maintain a register in paragraph 11(1) includes a duty to remove an entry from the register if—

a

the exemption registration authority becomes aware that the exempt facility is no longer in operation at the place stated in the relevant particulars, or

b

the facility ceases to be an exempt facility.

2

If the exemption registration authority removes an entry from the register under sub-paragraph (1), it must notify without delay the occupier, operator or other person registered in relation to the exempt facility.

3

Sub-paragraph (2) does not apply if the exemption registration authority was notified by the person registered in relation to the facility that the facility is no longer in operation at the place stated in the relevant particulars.

Exclusion from the register of information affecting national security13

1

The appropriate authority may direct the exemption registration authority that, in the interests of national security, specified information or information of a specified description must be excluded from the register.

2

The exemption registration authority must notify the appropriate authority of any information it excludes from the register pursuant to such a direction.

3

The appropriate authority may direct the exemption registration authority that, in the interests of national security, before information of a specified description is included on the register, the information must be referred to the appropriate authority for determination as to whether or not it should be excluded from the register.

4

A determination by the appropriate authority under sub-paragraph (3) to exclude information from the register must be given effect by a direction under sub-paragraph (1).

5

A person may give a notice to the appropriate authority stating that, in the person's opinion, the inclusion of information on the register would be contrary to the interests of national security.

6

A notice under sub-paragraph (5) must specify the information and indicate its apparent nature.

7

A person giving a notice under sub-paragraph (5) must at the same time notify the exemption registration authority.

8

The exemption registration authority must not include information notified under sub-paragraph (5) on the register unless the appropriate authority determines that it may be included.

9

A determination by the appropriate authority to exclude information notified under sub-paragraph (5) from the register must be given effect by a direction under sub-paragraph (1).

10

In relation to an exempt facility that is the subject of a direction or notice given under this paragraph, the requirement in paragraph 4(1)(b), 5(b), 6(b), 7(b) or 8(b)—

a

does not apply where a direction or notice requires the exclusion of all relevant particulars from the register, and

b

is satisfied where—

i

a direction under sub-paragraph (1) requires the exclusion of some, but not all, relevant particulars from the register,

ii

a direction under sub-paragraph (3) which is pending a determination under that sub-paragraph requires the exclusion of relevant particulars from the register, or

iii

a notice under sub-paragraph (5) which is pending a determination under sub-paragraph (8) requires the exclusion of relevant particulars from the register,

and where any relevant particulars which are not subject to a direction or notice are included on the register.

Restrictions on registering exempt waste operations carried on at the same place14

1

An establishment or undertaking may not be registered more than once during a valid registration period in relation to any one waste operation described in Part 1 of Schedule 3 that is carried on or is to be carried on at the same place.

2

If an establishment or undertaking is registered more than once in contravention of sub-paragraph (1), the second and any subsequent registration is invalid.

3

Subject to sub-paragraph (7), not more than one establishment or undertaking may be registered at the same time in relation to the same waste operation described in Part 1 of Schedule 3 if the operation is carried on or is to be carried on at the same place.

4

If more than one establishment or undertaking is registered in contravention of sub-paragraph (3), only the registration specified in sub-paragraph (5) is valid.

5

The registration specified in this sub-paragraph is the registration of the establishment or undertaking in respect of which the relevant particulars first appeared on the register in the relevant period.

6

In this paragraph, “relevant period” means the period during which the relevant particulars appear on the register.

7

Sub-paragraph (3) does not apply in relation to a waste operation falling within a description in paragraph D2.

Validity of registration of waste operations15

1

A first registration or a registration in relation to a WEEE operation is valid for 3 years.

2

Any other registration in relation to a waste operation is valid until the end of validity of the first registration.

3

For the purposes of sub-paragraphs (1) and (2), the period of validity of a registration commences on the date of registration or on the most recent renewal date, as the case may be.

4

An establishment or undertaking may renew a registration at any time in the month prior to the registration becoming invalid (and the registration procedure specified in paragraph 10 applies in relation to any such renewal).

5

Where an establishment or undertaking has renewed a registration, the renewal takes effect on the day after the day on which the previous registration becomes invalid.

6

In this paragraph—

“date of registration” means the date on which the relevant particulars first appear on the register;
“first registration” means—
1. a
  the first appearance on the register of relevant particulars for an establishment or undertaking in relation to a waste operation other than a WEEE operation, or
2. b
  in the case of a renewal, the first such appearance following the end of validity of the registration, other than the end of validity of the registration of a WEEE operation;
“renewal date” means the date that the renewal of a registration takes effect.

Changes to relevant particulars relating to waste operations16

1

An establishment or undertaking registered in relation to a waste operation must notify the exemption registration authority without delay of any changes to—

a

any of the relevant particulars, and

b

any of the information specified in paragraph 10(5).

2

If an establishment or undertaking does not comply with sub-paragraph (1)(a), the exemption registration authority may remove from the register the entry made in respect of the establishment or undertaking.

3

Notification under sub-paragraph (1) must be in the form specified by the exemption registration authority.

4

The exemption registration authority must notify the establishment or undertaking without delay if it removes an entry from the register pursuant to sub-paragraph (2).

CHAPTER 1Interpretation of Part 1

Interpretation1

1

In this Part—

“agricultural land” has the meaning given in section 109(1) of the Agriculture Act 1947 M6 and, for the purposes of the descriptions in paragraphs U10 and U11, includes land used for the production of timber or other non-food crops;
“anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable waste which—
1. a
  is carried on under controlled anaerobic conditions, and
2. b
  results in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land;
“associated storage” means storage of waste that—
1. a
  is associated with the use, treatment or disposal of waste, and
2. b
  takes place at the place where the use, treatment or disposal is carried on;
“bank” means a bank, wall or embankment adjoining or confining, or constructed for the purposes of or in connection with, any channel and includes all land between the bank and low-watermark;
“construction” means the carrying on of building or engineering work which includes the repair, alteration, maintenance or improvement of an existing work and preparatory or landscaping works;
“impermeable surface” means a surface or pavement constructed and maintained to a standard sufficient to prevent the transmission of liquids beyond the surface;
“inland waters” has the meaning given in section 221(1) of the 1991 Act;
“List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste M7, as amended from time to time;
“place of production” means, in relation to any waste, the place where the waste was originally produced;
“Plant Health notice” means a notice served under—
1. a
  article 13 of the Plant Health (Phytophthora ramorum) (Wales) Order 2006 M8;
2. b
  article 31 of the Plant Health (Forestry) Order 2005 M9;
3. c
  article 32 of the Plant Health (England) Order 2015 M10;
4. d
  article 32 of the Plant Health (Wales) Order 2006 M11;
“relevant waste”, where it appears in any paragraph in this Part, means waste that—
1. a
  falls within a code specified in the first column of the table in the paragraph, and
2. b
  is of a type specified in the second column of the table;
“scrap metal” has the meaning given in section 21 of the Scrap Metal Dealers Act 2013 M12;
“sealed drainage” means a drainage system with an impermeable surface which ensures that—
1. a
  no liquid will run off the surface otherwise than via the system, and
2. b
  except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump;
“secondary containment” means a bund or any other system for preventing waste which has leaked from the primary container from escaping from the place where it is stored or treated.

c

no more waste is used than is necessary to carry on the operation.

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.

Table 1

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

Table 2

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

Table 3

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	50,000 tonnes	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 M13, 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

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

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;
F100“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.

CHAPTER 3Treatment of waste

SECTION 1Introductory

1

The descriptions in this Chapter—

a

are set out in the first sub-paragraph of paragraphs T1 to F93T33, and

b

include associated storage.

2

The specific conditions for each description in this Chapter are set out in the third sub-paragraph of paragraphs T1 to F94T33.

3

The general condition for the descriptions in this Chapter is that the operation is for the purposes of recovering the waste, unless otherwise stated in the specific conditions.

SECTION 2Descriptions and specific conditions

Cleaning, washing, spraying or coating relevant waste (T1)1

1

The treatment of relevant waste by cleaning, washing, spraying or coating it, subject to sub-paragraph (4).

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
150105	Composite packaging
160120, 150107, 170202, 191205, 200102	Glass
150101	Paper and cardboard packaging
020104, 070213, 150102, 160119, 170203, 200139	Plastic
150109	Textile packaging

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated over any 7-day period does not exceed 300 tonnes,

b

subject to paragraph (e), the total quantity of waste stored at any one time does not exceed 300 tonnes,

c

the waste is stored and treated in a location with sealed drainage,

d

no waste is stored for longer than 3 months prior to treatment,

e

where the waste consists of containers that have been used to contain a hazardous substance, the total quantity of waste stored does not exceed 1 tonne over any 7-day period, and

f

the waste is not contaminated by more than 1% of its original volume prior to treatment.

4

The description in sub-paragraph (1) does not include cleaning, washing, spraying or coating of any relevant waste if this falls within Part B of Section 6.4 of Part 2 of Schedule 1.

5

In this paragraph, “hazardous substance” means a substance classified as hazardous as a consequence of fulfilling the criteria laid down in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures M14.

6

References in this paragraph to quantity limits by weight include the weight of any contamination.

Recovery of textiles (T2)2

1

The treatment of relevant waste by laundering or otherwise cleaning it.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
191208	Textiles
200110	Clothes
200111	Textiles

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored at any one time does not exceed 20,000 tonnes, and

b

the waste is treated and stored at a location with sealed drainage.

Treatment of waste metals and metal alloys by heating for the purposes of removing grease etc. (T3)3

1

The treatment of relevant waste for the purposes of removing grease, oil or any other non-metallic contaminant by heating it in an appliance where the requirements of sub-paragraph (4) are met using a process that is not an excluded process.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
160117	Ferrous metal
160118	Non-ferrous metal
191001	Iron and steel waste
191002	Non-ferrous waste
191202	Ferrous metal
191203	Non-ferrous metal
200140	Metals

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste stored or treated at any one time does not exceed 10 tonnes, and

b

the waste is stored in a secure location with sealed drainage.

4

The requirements in this sub-paragraph are that—

a

the appliance has a net rated thermal input of less than 0.2 megawatts, and

b

5

The processes that are excluded processes for the purposes of sub-paragraph (1) are—

a

the removal by heat of plastic or rubber covering from scrap cable or any asbestos contaminant,

b

a process that is an activity listed in Section 2.1 (other than paragraph (d) of Part B) of Part 2 of Schedule 1 involving the heating of iron, steel or ferrous alloy, and

c

a process that is an activity described in Part A(1) or A(2) of Section 2.2 of Chapter 2 of Part 2 of Schedule 1 involving the heating of any non-ferrous metal or non-ferrous metal alloy.

Preparatory treatments (baling, sorting, shredding etc.) (T4)4

1

The treatment of relevant waste by baling, sorting, shredding, pulverising, densifying, crushing or compacting it.

2

The table specifying relevant waste for the purposes of this paragraph and the quantity limits referred to in sub-paragraph (3) is set out below.

Codes	Waste types	Treatment limit (over 7 days)	Storage limit (at any one time)
150104, 200140	Cans and foils only	100 tonnes where treatment is carried on outdoors	500 tonnes
150104, 200140	Cans and foils only	500 tonnes where treatment is carried on indoors	500 tonnes
070213, 150102, 150105	Food and drink cartons only	100 tonnes where treatment is carried on outdoors	500 tonnes
070213, 150102, 150105	Food and drink cartons only	3,000 tonnes where treatment is carried on indoors	500 tonnes
150107, 160120, 170202, 191205, 200102	Glass	5,000 tonnes	5,000 tonnes
030308, 030307, 150101, 191201, 200101	Paper and cardboard (excluding food and drink cartons)	500 tonnes where treatment is carried on outdoors	15,000 tonnes
030308, 030307, 150101, 191201, 200101	Paper and cardboard (excluding food and drink cartons)	3,000 tonnes where treatment is carried on indoors	15,000 tonnes
020104, 070213, 120105, 150102, 160119, 170203, 191204, 200139	Plastic	100 tonnes where treatment is carried on outdoors	500 tonnes
	Plastic	3000 tonnes where treatment is carried on indoors	500 tonnes
040222, 150109, 191208, 200110, 200111	Textiles and clothes	1,000 tonnes where treatment is carried on outdoors	1,000 tonnes
040222, 150109, 191208, 200110, 200111	Textiles and clothes	3,000 tonnes where treatment is carried on indoors	1,000 tonnes

The treatment of relevant waste by screening and blending it for the purposes of producing an aggregate or soil and associated prior treatment.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
010408	Waste gravel and crushed rocks 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
030101	Untreated waste bark and cork only
030301	Untreated waste bark and wood
100101	Bottom ash, slag and boiler dust (excluding boiler dust mentioned in 100104)
100115	Bottom ash, slag and boiler dust from co-incineration other than those mentioned in 100114
170101	Concrete
170102	Bricks
170103	Tiles and ceramics
170107	Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106
170201	Untreated wood only
170302	Bituminous mixtures other than those mentioned in 170301
170504	Soil and stones other than those mentioned in 170503
170506	Dredging spoil other than those mentioned in 170505
170508	Track ballast other than those mentioned in 170507
190599	Compost produced pursuant to a treatment described in paragraphs T23 or T26 only
191205	Glass
191209	Aggregates only
191212	Gypsum recovered from construction materials only
191302	Solid wastes from soil remediation other than those mentioned in 191301
191304	Sludges from soil remediation other than those mentioned in 191303
200202	Soil and stones

3

For the purposes of this paragraph, the specific conditions are that—

a

in relation to any relevant waste to which code 170302 (bituminous mixtures other than those mentioned in 170301) applies where the treatment is for the purpose of manufacturing roadstone, the total quantity of waste treated or stored over any 3-year period does not exceed 50,000 tonnes,

b

in relation to relevant waste not covered by paragraph (a), the total quantity of waste treated or stored over any 3-year period does not exceed 5,000 tonnes,

c

no waste is stored for longer than 12 months, and

d

the treatment is carried on at the place—

i

of production, or

ii

where the treated waste is to be used.

4

In this paragraph, “associated prior treatment” means crushing relevant waste for the purposes of screening or blending it but does not include crushing of any relevant waste which falls within Part B of Section 3.5 of Part 2 of Schedule 1 or within paragraph T7.

Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising (T6)6

1

The treatment of relevant waste by chipping, shredding, cutting or pulverising it.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
020103, 200201	Plant tissue waste
030101,030301, 170201	Wood
150103	Wooden packaging only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored over any 7-day period does not exceed 500 tonnes, and

b

no waste is stored for longer than 3 months after treatment.

Treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size (T7)7

1

The treatment of relevant waste by crushing, grinding or reducing it in size but not including any treatment activity covered by paragraph (c) in Part B of Section 3.5 of Part 2 of Schedule 1.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
170101	Concrete
170102	Bricks
170103	Tiles and ceramics
170107	Mixtures of concrete, bricks, tiles and ceramics (other than those mentioned in 170106*)

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated over any period of 1 hour does not exceed 20 tonnes,

b

the total quantity of waste stored at any one time does not exceed 200 tonnes,

c

the waste is stored in a secure place prior to treatment,

d

the treatment is carried on—

i

at the place of production, or

ii

at the place where the treated waste is to be used, and

e

the operation does not result in the release into the air of a substance listed in paragraph 6(3) of Part 1 of Schedule 1 except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

Mechanical treatment of end-of-life tyres (T8)8

1

The treatment of end-of-life tyres, including such tyres in a shredded or granulated form that are relevant waste by a relevant treatment operation and associated prior treatment.

2

The table specifying relevant waste and relevant treatment operations for the purposes of this paragraph is set out below.

Codes	Waste types	Relevant treatment operation
160103	End-of-life tyres	Granulating, baling, peeling, shaving, shredding and re-treading of tyres
191204	Shredded or granulated end-of-life tyres only	Granulating

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste stored or treated over any 7-day period does not exceed—

i

60 tonnes of truck tyres, or

ii

d

the recovery is carried on at a location with sealed drainage, and

e

the height of any pile or stack of waste does not exceed 5 metres.

Sorting mixed waste (T10)10

1

The sorting of one type of relevant waste from one or more other types of relevant waste.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
150101, 200101	Paper and cardboard
150102, 200139	Plastics
150104, 200140	Metals
150105	Composite packaging
150106	Mixed packaging
150107, 200102	Glass
150109, 200110, 200111	Textiles and clothing only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste stored at any one time does not exceed 10 tonnes,

b

the total quantity of waste treated over any 7-day period does not exceed 10 tonnes, and

c

the waste is stored in a secure place.

Repair or refurbishment of WEEE (T11)11

1

The treatment of WEEE that is relevant waste by repairing, refurbishing or dismantling it.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
160211*	WEEE containing CFCs, HCFCs and HFCs
160213*	WEEE containing hazardous components other than those mentioned in 160209 to 160212
160214	WEEE other than those mentioned in 160209 to 160213
160216	Components removed from discarded equipment other than those mentioned in 160215
200123*	WEEE containing CFCs
200135*	WEEE other than those mentioned in 200121 and 200123 containing hazardous components
200136	WEEE other than those mentioned in 200121, 200123, and 200135

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored over any 12-month period does not exceed 1,000 tonnes,

b

best available treatment, recovery and recycling techniques are used,

c

the waste is stored in accordance with paragraph 1 of Annex VIII to the WEEE Directive,

d

the waste is treated in accordance with paragraph 2 of Annex VIII to the WEEE Directive,

e

the minimum recovery targets set out in Annex V to the WEEE Directive are met,

f

the operation meets the technical requirements specified in Annex VIII to the WEEE Directive,

g

in relation to any relevant waste falling within codes 160211* (WEEE containing CFCs, HCFCs and HFCs) or 200123* (WEEE containing CFCs), the waste is stored in such a manner so as to prevent the release of CFCs, HCFCs and HFCs,

h

the waste is stored in such a manner that its environmentally sound re-use or recycling is not hindered,

i

the operation is for the purposes of—

i

re-using the WEEE for its original purpose,

ii

re-using any dismantled components for their original purpose, or

iii

dismantling the WEEE components for the purposes of recovery, and

j

in relation to dismantling, any fluids are removed and further treatment carried out in accordance with Annex VII to the WEEE Directive.

4

In this paragraph—

“best available treatment, recovery and recycling techniques” has the meaning given in the document published jointly by the Department for Environment, Food and Rural Affairs, the Welsh Assembly Government and the Scottish Executive on 27th November 2006, entitled “Guidance on Best Available Treatment, Recovery and Recycling Techniques (BATRRT) and Treatment of Waste Electrical and Electronic Equipment (WEEE)”M15;
“CFCs” means chlorofluorocarbons;
“HCFCs” means hydrochlorofluorocarbons;
“HFCs” means hydrofluorocarbons;
“treatment” does not include the degassing or capture of ozone depleting substances.

Manual treatment of waste (T12)12

1

The manual treatment of relevant waste by a relevant treatment operation.

2

The table below specifies—

a

relevant waste for the purposes of this paragraph and relevant treatment operations,

b

the quantity limits referred to in sub-paragraph (3)(a), and

c

the additional specific conditions referred to in sub-paragraph (3)(c).

Codes	Waste types	Relevant treatment operation	Quantity limits (at any one time)	Additional specific conditions
200199	Bicycles only	Sorting, repairing or refurbishing	100 tonnes	A
200110, 200111	Clothing, fabrics, carpets only	Sorting, repairing or refurbishing	100 tonnes	A
200138, 200139, 200140	Coat hangers only	Sorting and dismantling	100 tonnes	B
200140	Domestic pots and pans only	Sorting and dismantling	100 tonnes
200199	Footwear only	Sorting, repairing or refurbishing	100 tonnes	A
200307	Furniture only	Sorting, repairing or refurbishing	100 tonnes	A
200138, 200139, 200140	Garden tools only	Sorting, repairing or refurbishing	100 tonnes	A
200138, 200139, 200140	Lock gates only	Sorting and dismantling	100 tonnes
200307	Mattresses only	Sorting and dismantling	5 tonnes	B, C
170102, 170201, 170904, 200138	Stone, bricks, wood only	Sorting, repairing or refurbishing	500 tonnes	A
200137*, 200138, 200140	Telegraph poles only	Sorting and dismantling	100 tonnes	B
170201, 170202, 170203, 200102, 200138, 200139, 200140	Windows, doors only	Sorting, repairing or refurbishing	100 tonnes	A
170201, 170202, 170203, 200102, 200138, 200139, 200140	Windows, doors only	Sorting and dismantling	10 tonnes	B
150103	Wooden pallets only	Sorting, repairing or refurbishing	100 tonnes	A
150103	Wooden pallets only	Sorting and dismantling	100 tonnes	B

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored at any one time does not exceed the limit specified in the fourth column of the table in sub-paragraph (2),

b

subject to additional specific condition B in paragraph (c), where it applies, no waste is stored for longer than 2 years, and

c

the operation complies with such of the following additional specific conditions as is specified in the fifth column of the table—

A	the operation is for the purposes of reusing the waste;
B	no waste is stored for longer than 12 months;
C	treatment and storage are carried on indoors.

Treatment of waste food (T13)13

1

The treatment of waste food that is relevant waste by decanting or unwrapping it, bulking it up and sorting it.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
020304, 020501, 020601, 020704	Materials unsuitable for consumption or processing
200199	Non liquid foods unsuitable for consumption or processing only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored at any one time does not exceed 30 tonnes,

b

the treatment and storage are carried on—

i

indoors;

ii

in a secure place,

c

no waste is stored for longer than 7 days,

d

in relation to relevant waste specified in the first row of the table in sub-paragraph (2), where that is milk only, the operation is carried on in a dairy which has sealed drainage, and

e

any resultant waste packaging is bulked up for the purposes of recovery.

Crushing and emptying waste vehicle oil filters (T14)14

1

The treatment of waste vehicle oil filters consisting of relevant waste by crushing and emptying them.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
160107*	Oil filters

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste stored after treatment does not exceed 1 tonne of crushed and emptied oil filters at any one time,

b

the treatment is carried on at the place of production,

c

the equipment used to treat the waste is—

i

designed for the purposes of crushing oil filters;

ii

designed and maintained to ensure that oil does not escape during treatment, and

d

the treatment takes place as soon as practicable after the oil filter is removed from a vehicle.

Treatment of waste aerosol cans (T15)15

1

The treatment of empty used waste aerosol cans consisting of relevant waste by puncturing and crushing them.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
160504*	Aerosol cans containing residues of or contaminated by hazardous substances only
160505	Aerosol cans only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored in any 12-month period does not exceed 3,000 cans,

b

the waste is stored in a secure location in vented containers prior to treatment,

c

the treatment and storage are carried on—

i

at the place of production;

ii

in a well-ventilated area, and

d

the equipment used to treat the waste is designed for that purpose.

Treatment of waste toner cartridges and waste ink cartridges by sorting, dismantling, cleaning or refilling (T16)16

1

The treatment of waste toner cartridges and waste ink cartridges consisting of relevant waste by sorting, dismantling, cleaning or refilling them.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
080313	Waste ink other than that mentioned in 080312*
080318	Waste printing toner other than those mentioned in 080317
150102	Plastic packaging
160216	Cartridges taken from discarded equipment other than those mentioned in 160215 only
200139	Plastics

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored at any one time does not exceed 150 tonnes, and

b

the treatment is carried on—

i

indoors;

ii

at a location with sealed drainage.

Crushing waste fluorescent tubes (T17)17

1

The crushing of relevant waste for the purposes of volume reduction prior to collection.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
200121*	Fluorescent tubes only

3

For the purposes of this paragraph, the specific conditions are that—

a

the fluorescent tubes were used or intended to be used by the producer of the waste before becoming waste,

b

the crushing is carried out by the producer of the waste at the place of production,

c

the total quantity of waste crushed does not exceed 2 tonnes per year,

d

the equipment used for crushing is owned by the producer,

e

the mercury exposure limit is not exceeded,

f

best available treatment, recovery and recycling techniques are used,

g

the waste is stored in accordance with paragraph 1 of Annex VIII to the WEEE Directive, and

h

the waste is crushed in accordance with paragraph 2 of Annex VIII to the WEEE Directive.

4

In this paragraph—

“best available treatment, recovery and recycling techniques” has the meaning given in paragraph 11(4) of this Section;
“mercury exposure limit” means the workplace exposure limit for mercury set out in the document entitled “EH/40/2005 Workplace Exposure Limits” (second edition) issued by the Health and Safety Executive and published in 2011 M16.

Dewatering using flocculants (T18)18

1

The treatment of relevant waste by dewatering using flocculants.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
010409	Clay effluent resulting from the manufacture of ceramics only
080120	Water based paint wash waters only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste stored or treated at any one time does not exceed 30,000 litres, and

b

the waste is stored in a container with secondary containment.

Physical and chemical treatment of waste edible oil and fat to produce biodiesel (T19)19

1

The physical and chemical treatment of relevant waste for the purposes of producing biodiesel.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
200125	Edible oil and fat

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste physically treated or stored at any one time does not exceed 5,000 litres,

b

the total quantity of waste chemically treated at any one time does not exceed 250 litres,

c

the waste is treated and stored in a container with secondary containment,

d

no waste is stored for longer than 3 months, and

e

the operation is for the purpose of reusing the waste.

Treatment of waste at a water treatment works (T20)20

1

The treatment of relevant waste at a water treatment works.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
190902	Sludges from water clarification
190903	Sludges from decarbonation
190906	Solutions and sludges from regeneration of ion exchangers
190999	Waste water and bore hole flushings only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated at the works over any period of 12 months does not exceed 10,000 cubic metres, and

b

the waste is treated and stored in a secure location with sealed drainage.

Recovery of waste at a waste water treatment works (T21)21

1

The recovery of relevant waste at a waste water treatment works.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
190801	Screenings
190802	Sewage grit (waste from desanding) only
190805	Sludges from treatment of urban waste water
190899	Centrate liquor only
190902	Sludges from water clarification
190903	Sludges from decarbonation
190906	Solutions and sludges from regeneration of ion exchangers
200304	Septic tank sludge
200306	Waste from sewage cleaning
200399	Cesspool waste and other sewage sludge only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste brought to the works over any period of 12 months does not exceed 100,000 cubic metres, and

b

the waste is treated and stored in a secure location with sealed drainage.

Recovery of central heating oil by filtrationF7922

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aerobic composting and associated prior treatment (T23)23

1

The treatment of relevant waste by aerobic composting and associated prior treatment.

2

The tables specifying relevant waste for the purposes of this paragraph are set out below.

Table 1

Codes	Waste types
170506	Plant tissue waste from inland waters only
020103, 200201	Plant tissue waste
020106	Horse manure and farmyard manure only
020107	Biodegradable waste from forestry only
020199	Fully biodegradable animal bedding
200101	Paper and cardboard
200201	Biodegradable waste plant matter only

Table 2

Codes	Waste types
020202	Animal tissue waste
020501, 020601	Materials unsuitable for consumption or processing
200108	Biodegradable kitchen and canteen waste
200302	Biodegradable waste from markets only

4

In this paragraph—

“aerobic composting” means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic;
“associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of aerobic composting.

Anaerobic digestion at premises used for agriculture and burning of resultant biogas (T24)24

1

The treatment by anaerobic digestion of relevant waste at premises used for agriculture and associated prior treatment and the burning of any resultant biogas.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
020103, 020107, 170506, 200201	Plant tissue waste
020106	Horse and farmyard manure, slurry only
020199	Fully biodegradable animal bedding

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored at any one time does not exceed 1,250 cubic metres,

b

the minimum retention time for the waste in the digester is 28 days, and

c

any gas resulting from the operation is collected and then burnt in an appliance—

i

where the requirements of sub-paragraph (5) are met, and

ii

the appliance is for the purposes of producing energy.

4

In this paragraph, “associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of anaerobic digestion.

5

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

Anaerobic digestion at premises not used for agriculture and burning of resultant biogas (T25)25

1

The treatment by anaerobic digestion of relevant waste at premises not used for agriculture and associated prior treatment and the burning of any resultant biogas.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
020103, 020107, 170506, 200201	Plant tissue waste
020106	Horse and farmyard manure only
020199	Fully biodegradable animal bedding
200101	Paper and cardboard
200108	Biodegradable kitchen and canteen waste
020202	Animal tissue waste
020501, 020601	Materials unsuitable for consumption or processing
200302	Biodegradable waste from markets only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored at any one time does not exceed 50 cubic metres,

b

the minimum retention time for the waste in the digester is 28 days, and

c

any gas resulting from the operation is collected and then burnt in an appliance—

i

where the requirements of sub-paragraph (5) are met, and

ii

the appliance is for the purposes of producing energy.

4

In this paragraph, “associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of anaerobic digestion.

5

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

Treatment of kitchen waste in a wormery (T26)26

1

The treatment in a wormery of relevant waste originating from a kitchen.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
200101	Paper and cardboard
200108	Biodegradable kitchen and canteen waste

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated over any 12-month period does not exceed 6 tonnes, and

b

the treatment results in a stable sanitised vermicompost that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

Treatment of sheep dip using organophosphate-degrading enzyme (T27)27

1

The treatment of used organophosphate sheep dip consisting of relevant waste for the purposes of its disposal.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
020109	Organophosphate sheep dip only

3

For the purposes of this paragraph, the specific conditions are that—

a

total quantity of waste treated or stored over any 24-hour period does not exceed 8,000 litres,

b

the waste is treated using organophosphate-degrading enzyme in accordance with the enzyme manufacturer's instructions,

c

the treatment and storage are carried on at the place of production, and

d

the treatment is carried on in a secure container located within a drain pen or in a secure sheep dip bath.

4

In this paragraph, “drain pen” means an impermeable area draining back to the sheep dip bath where newly-dipped sheep are held while they continue to drip.

Sorting and de-naturing of controlled drugs for disposal (T28)28

1

The treatment of controlled drugs consisting of relevant waste by sorting and de-naturing them prior to their disposal.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
180109	Medicines from natal care, diagnosis, treatment or prevention of disease in humans
180208	Medicines from research, diagnosis, treatment or prevention of disease involving animals
200132	Medicines separately collected as municipal waste

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored at any one time does not exceed 1 cubic metre,

b

the treatment and storage are carried on at the place of production, and

c

no waste is stored for longer than 6 months.

4

In this paragraph, “controlled drug” means a controlled drug specified in Schedules 1 to 5 to the Misuse of Drugs Regulations 2001 M17.

Treatment of non-hazardous pesticide washings by carbon filtration for disposal (T29)29

1

The treatment of non-hazardous pesticide washings that are relevant waste by carbon filtration for the purposes of disposal.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
020109, 160509	Non-hazardous pesticide washings only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored over any 24-hour period does not exceed 8,000 litres,

b

the treatment and storage are carried on at the place of production, and

c

the treatment is carried on in a location with sealed drainage.

Recovery of silver (T30)30

1

The recovery of silver from relevant waste produced in connection with printing or photographic processes.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
090106*	Wastes containing silver from on-site treatment of photographic wastes
090107	Photographic film or paper containing silver or silver compounds

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste stored or treated at any one time does not exceed 1,000 litres, and

b

the treatment and storage are carried on in a location with sealed drainage.

Recovery of monopropylene glycol from aircraft antifreeze fluids (T31)31

1

The recovery of monopropylene glycol by filtering and distilling relevant waste collected following de-icing of aircraft.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
160115	Antifreeze fluids other than those mentioned in 160114

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored over any 7-day period does not exceed 250 cubic metres,

b

the waste is treated in a location with sealed drainage,

c

the operation is carried on at the place where the waste is produced, and

d

the waste is stored with secondary containment.

Treatment of waste in a biobed or biofilter (T32)32

1

The treatment of relevant waste in a lined biobed or above ground biofilter.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
020109, 160509	Non-hazardous pesticide washings only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste treated or stored over any 12-month period does not exceed 15,000 litres,

b

the biobed or biofilter is located at a secure place that is—

i

at least 10 metres from a watercourse;

ii

at least 50 metres from a spring or well or from any borehole not used to supply water for domestic or food production purposes;

iii

at least 250 metres from any borehole used to supply water for domestic or food production purposes;

iv

not within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction that is used to supply water for domestic or food production purposes,

c

the biobed or biofilter—

i

is designed and maintained for the treatment operation;

ii

has an impermeable lining, and

d

the treatment is carried on at the place of production.

F90Recovery of central heating oil by filtration (T33)33

1

The recovery of central heating oil by filtering relevant waste.

2

The table specifying relevant waste for the purpose of this paragraph is set out below.

Codes	Waste types
130701*	Central heating oil only

3

For the purpose of this paragraph, the specific conditions are that—

a

the total quantity of the waste treated over any 7 day period does not exceed 400 litres,

b

the waste is stored with secondary containment,

c

the treatment is carried on at a location with sealed drainage, and

d

the operation is for the purpose of reusing the waste.

CHAPTER 4Disposal of waste

SECTION 1Introductory

1

The descriptions in this Chapter—

a

are set out in the first sub-paragraph of paragraphs D1 to D8, and

b

include associated storage.

2

The specific conditions for each description in this Chapter are set out in the third sub-paragraph of paragraphs D1 to D8.

3

The general condition for all descriptions in this Chapter is that the operation is carried on at the place of production.

SECTION 2Descriptions and specific conditions

Deposit of waste from dredging of inland waters (D1)1

1

The deposit of relevant waste arising from the dredging of inland waters and associated screening and dewatering.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
170506	Dredging spoil other than those mentioned in 170505

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste deposited or treated over any 12-month period does not exceed 50 cubic metres for each metre of land on which the waste is deposited, and

b

the waste is deposited at the closest possible point to where the waste was produced on—

i

the bank of the inland waters from which the waste was produced, or

ii

such width of land adjoining the inland waters so as to enable the waste to be removed and deposited by mechanical means in one operation.

Deposit of waste from a railway sanitary convenience (D2)2

1

The deposit of relevant waste on to a railway track.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
200399	Wastes from railway sanitary conveniences only

3

For the purposes of this paragraph, the specific condition is that the total quantity of waste deposited per discharge does not exceed 25 litres.

4

In this paragraph, “railway sanitary convenience” means a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on a railway.

Deposit of waste from a portable sanitary convenience (D3)3

1

The deposit of relevant waste by burying it.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
200399	Waste from portable sanitary conveniences only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste deposited over any 12-month period does not exceed 1 cubic metre, and

b

no waste is deposited within—

i

10 metres of any watercourse,

ii

50 metres of any spring, well or borehole.

Deposit of agricultural waste consisting of plant tissue under a Plant Health notice (D4)4

1

The deposit of agricultural waste that is relevant waste.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
020103	Plant tissue waste

The deposit and subsequent storage of relevant samples of waste at any place where the samples are being or are to be tested or analysed.

2

For the purposes of sub-paragraph (1), “relevant samples of waste” means samples of waste that are taken—

a

in the exercise of any power under—

i

the Control of Pollution Act 1974 M18;

ii

section 5 of the Control of Pollution (Amendment) Act 1989 M19;

iii

the 1990 Act;

iv

the 1991 Act;

v

the Water Industry Act 1991 M20;

vi

the Waste Electrical and Electronic Equipment Regulations 2013 M21;

vii

the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M22;

viii

regulation 88 of the Waste Batteries and Accumulators Regulations 2009 M23,

b

by or on behalf of the holder of an environmental permit,

c

by or on behalf of a person carrying on in relation to the waste—

i

an operation described in this Part, or

ii

an excluded waste operation,

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(1) or (1A) of the 1990 Act M24 applies in connection with that person's duties under that section,

f

by or on behalf of any person to whom the Transfrontier Shipment of Waste Regulations 2007 M25 apply in connection with that person's powers under those Regulations, or

g

for the purposes of research.

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste deposited or stored at any one time does not exceed 10 tonnes, and

b

the waste is not stored for longer than 12 months or such other period as may be ordered in court proceedings.

Disposal by incineration (D6)6

1

The disposal by incineration of the waste described in sub-paragraph (2) in a small waste incineration plant where the requirements in sub-paragraph (4) are met.

2

The waste described in this paragraph is the waste mentioned in Article 42(2)(a)(i) and (iii) of the Industrial Emissions Directive.

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste stored prior to incineration does not exceed 5 tonnes at any one time, and

b

the operation is carried on by the person who produced the waste.

4

The requirements in this sub-paragraph are—

a

the small waste incineration plant has a capacity of less than 50kg per hour and a net rated thermal input of less than 0.4 megawatts, and

b

where it is used together with other small waste incineration plants (whether or not it is operated simultaneously with such other small waste incineration plants), the aggregate net rated thermal input of all the small waste incineration plants is less than 0.4 megawatts.

Burning waste in the open (D7)7

1

The burning of relevant waste on open land.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
020103, 020107, 200201	Plant tissue
030105	Sawdust, shavings and cuttings from untreated wood only
030301	Waste bark and wood

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste burned over any period of 24 hours does not exceed 10 tonnes,

b

the total quantity of waste stored at any one time does not exceed 20 tonnes, and

c

no waste is stored for longer than 6 months.

Burning waste at a port under a Plant Health notice (D8)8

1

The burning of relevant waste at a port.

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
150103, 200138	Wood used to wedge or support parts of cargo, including packing material, spacers and pallets only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste burned or stored over any period of 24 hours does not exceed 10 tonnes,

b

the burning and storage of waste takes place in a secure place at the port where the waste was unloaded, and

c

the burning is required under a Plant Health notice.

4

In this paragraph, “port” means a port appointed by order made under section 19 of the Customs and Excise Management Act 1979 M26.

CHAPTER 5Storage of waste other than at the place of production pending its recovery or re-use

SECTION 1Introductory

1

The descriptions in this Chapter are set out in the first sub-paragraph of paragraphs S1 to S3.

2

The specific conditions for each of the descriptions in this Chapter are set out in the third sub-paragraph of paragraphs S1 to S3.

3

The general conditions for all descriptions in this Chapter are that the storage is carried on—

a

at a place other than the place of production, and

b

pending the recovery of the waste.

SECTION 2Storage of waste

Storage of waste in secure containers (S1)1

1

The storage of relevant waste at a place in a secure container or containers for the purposes of its recovery elsewhere.

2

The table specifying relevant waste for the purposes of this paragraph and the storage limits referred to in sub-paragraph (3) is set out below.

Codes	Waste types	Storage limit (at any one time)
130109* to 130113*	Waste oils	3 cubic metres
130204* to 130208*
130401* to 130403*
130701*
150101, 200101	Cartons	400 cubic metres
150102, 200139	Plastics and plastic packaging	400 cubic metres
150104, 200140	Cans and foil only	400 cubic metres
150101, 200101	Paper and cardboard	400 cubic metres
150107, 200102	Glass	400 cubic metres
150109, 200110, 200111	Textiles and clothes	400 cubic metres
150202*	Absorbents, filter materials (including oil filters not otherwise specified) wiping cloths, protective clothing contaminated by hazardous substances	3 cubic metres
150203	Absorbents, filter materials, wiping cloths and protective clothing other than those mentioned in 150202	3 cubic metres
160107*	Oil filters	3 cubic metres

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste stored at any one time does not exceed the limit specified in the third column in the table in sub-paragraph (2),

b

the total quantity of storage containers at the storage place at any one time does not exceed 20,

c

no waste is stored for longer than 12 months,

d

the person storing the waste is the owner of the container or containers or has the consent of the owner,

e

in respect of any waste oils and waste to which code 160107* (oil filters) applies, the waste is stored with secondary containment, and

f

each waste type is stored separately.

Storage of waste in a secure place (S2)2

1

The storage of relevant waste in a secure place for the purposes of its recovery elsewhere.

2

The table specifying relevant waste for the purposes of this paragraph and the quantity limits referred to in sub-paragraph (3) is set out below.

Codes	Waste types	Storage limit (at any one time)	Period	Additional specific conditions
161002	Aqueous paint related waste only	1,000 litres	6 months	A, C
160601, 160602, 160603, 160604, 160605, 200133, 200134	Batteries	10 tonnes	6 months	A, B
150104, 200140	Cans and foil only	500 tonnes	12 months
140601*	CFCs, HCFCs and HFCs	18 tonnes	6 months	A, C
170101, 170102, 170103, 170107, 170202, 170203, 170401 to 170407, 170504, 170604, 170802	Construction and demolition waste capable of being used in its existing state (non-hazardous) only	100 tonnes	12 months
200125	Edible oil and fat only	5,000 tonnes	12 months	A, C
100207*	Electric arc furnace dust only	2,500 tonnes	3 months	D, E, F
020104	Farm plastics (non-packaging) only	500 tonnes	12 months	D
070213, 150101, 150102, 150105, 200139	Food and drink cartons only	500 tonnes	12 months
101112, 150107, 160120, 170202, 191205, 200102	Glass	5,000 tonnes	12 months	B
020102	Mammalian protein only	60,000 tonnes	12 months	D
020202	Mammalian tallow only	45,000 tonnes	12 months	D
200307	Mattresses only	5 tonnes	3 months	D
010408, 191209	Marble chips only	5,000 tonnes	12 months
020304	Olive pulp/pellet only	5,000 tonnes	3 months	B, C, E
200127, 200128, 080111, 080112	Paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins) pending re-use as paints only	10,000 litres	6 months	A, C
150101, 191201, 200101, 030308, 030307	Paper and cardboard (excluding food and drink cartons) only	15,000 tonnes	12 months	J, K
090107, 090108	Photographic films and papers	50 tonnes	12 months	J
070213, 120105, 150102, 160119, 191204, 200139	Plastic	500 tonnes	12 months
100101	Poultry litter ash only	3,000 tonnes	12 months	D, E
080318, 150102, 160216, 200139	Printer cartridges only	5,000 units	6 months	D
170301*, 170302, 170504	Road planings, waste road chippings, road sub-base only	500 tonnes	12 months
020110, 160117, 160118, 191203, 170401, 170402, 170403, 170404, 170405, 170406, 170407, 191202, 170411	Scrap metal	15,000 tonnes	6 months	B, E
090110, 090111*, 090112	Single use cameras	400 cubic metres	6 months
020401, 020399	Soils from cleaning fruit and vegetables only	100 tonnes	6 months
100316, 100405*, 100504, 100511, 100604, 100811, 100899	Solder metal, skimmings, ashes and residues	100 tonnes	3 months	G
140602, 140603, 200113*	Solvents and solvent mixtures	5 cubic metres	6 months	A, C
100101, 100102, 100105, 100115	Synthetic gypsum and pulverised fuel ash only	2,500 tonnes	3 months	D, E, F
040222, 150109, 191208, 200110, 200111	Textiles and clothes	1,000 tonnes	12 months
160103, 191204	Tyres, tyre chip and crumb	40 tonnes	3 months	H
110113, 120301, 160708*	Waste cleaning solution containing 2% sodium metasilicate and 1-2% waste oil only	3 tonnes	3 months	A, C
160211,160213, 160214, 160216, 200121, 200123, 200135*, 200136	WEEE	400 cubic metres	6 months	I
030301, 150102, 150103, 200138	Wine bottle corks only	500 tonnes	12 months
030105, 170201, 170204,191206, 191207, 200137*, 200138	Wood including telegraph poles and railway sleepers (hazardous and non-hazardous)	100 tonnes	12 months	030105, 170201, 170204, 191206, 191207, 200137*, 200138

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste stored at any one time does not exceed the limit specified in the third column of the table in sub-paragraph (2),

b

no waste is stored for longer than the period specified in the fourth column of the table,

c

each type of waste is stored separately, and

d

the operation complies with such of the following additional conditions as are specified in the fifth column of the table—

A	the waste is stored in a container;
B	the storage place has sealed drainage;
C	the waste is stored with secondary containment;
D	the waste is stored indoors;
E	the waste is stored at a dock prior to being exported or after being imported;
F	the waste must arrive at the storage place in bags and must be stored there in bags or in drums;
G	the waste is stored in bags or in drums;
H	the total quantity of waste stored together does not exceed 10 tonnes;
I	the waste is stored in accordance with the requirements in paragraph 1 of Annex VIII to the WEEE Directive;
J	the waste is stored in a baled form, in a container or indoors;
K	within the quantity limit specified in the third column of the table and notwithstanding additional specific condition J, 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.

Storage of sludge (S3)3

1

The storage of relevant waste.

2

The table specifying relevant waste for the purposes of this paragraph is set out below.

Codes	Waste types
190805	Residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters only
200304	Residual sludge from septic tanks and other similar installations for the treatment of sewage only

3

For the purposes of this paragraph, the specific conditions are that—

a

the total quantity of waste stored at any one time does not exceed 1,250 tonnes,

b

no waste is stored for longer than 12 months,

c

the waste is stored in a secure location at the place where it is to be used,

d

the waste is stored at least—

i

10 metres from any watercourse;

ii

50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes;

iii

250 metres from any borehole used to supply water for domestic or food production purposes,

e

no waste is stored—

i

within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction that is used to supply water for domestic or food production purposes;

ii

within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon, and

f

after storage, the waste is to be used in accordance with the Sludge (Use in Agriculture) Regulations 1989 M27.

PART 2Exempt water discharge activities: descriptions and conditions

Vegetation management activities1

1

For the purpose of paragraphs 5(a)(i) and 6(a)(i) of Schedule 2, the description is cutting or uprooting a substantial amount of vegetation in any inland freshwaters or so near to any such waters that it falls into them, where it is not reasonable to take steps to remove the vegetation from those waters.

2

For the purpose of paragraphs 5(a)(ii) and 6(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are that—

a

prior notice of the dates of the water discharge activity is given to persons likely to be affected by such an activity, including—

i

the owner of any structure within or on the watercourse,

ii

the owner of any designated site within or on the watercourse,

iii

fisheries interests,

iv

boating interests,

v

the appropriate agency,

vi

the local authority,

vii

the internal drainage board (which has the same meaning as in the Land Drainage Act 1991 M28), and

b

the activity is not carried on if there is insufficient flow to convey the vegetation.

3

In sub-paragraph (2)(a)(ii), "designated site" means—

a

a European site (which has the meaning given in regulation 8 of F1the Conservation of Habitats and Species Regulations 2017),

b

a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 M29),

c

a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981 M30), or

d

a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949 M31.

Small discharges of sewage effluent: Wales2

�??

1

For the purpose of paragraph 5(a)(i) of Schedule 2, the description is the discharge from a sewage treatment plant of 5 cubic metres per day or less of sewage effluent into inland freshwaters, coastal waters or relevant territorial waters.

2

For the purpose of paragraph 5(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are�??

a

in the case of a discharge which takes place for the first time on or after the date on which these Regulations come into force, that all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled �??Guidance for the registration of small sewage effluent discharges�?�, issued by the NRBW and dated July 2011 and updated in September 2016 M32, in relation to�??

i

design and manufacturing standards,

ii

construction, installation and operation specifications,

iii

siting and installation, and

iv

the capacity of the works and equipment;

b

that the discharge cannot reasonably, at the time it is first made, be made to the foul sewer;

c

that the discharge does not contain trade effluent;

d

that all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer's specification;

e

that records of maintenance work are kept by the person who is the occupier of the land on which the discharge is made (�??the occupier�?�) for at least 5 years after the work is carried out;

f

that the occupier must notify the exemption registration authority if an exempt water discharge activity ceases to be in operation;

g

that the occupier must ensure that all works and equipment used for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of pollutants entering inland freshwaters or coastal waters;

h

that, before an occupier ceases to be in occupation of land on which an exempt water discharge activity is carried on, the occupier must give to the person who will next be in occupation of the land a written notice�??

i

stating that an exempt water discharge activity is being carried on on the land,

ii

containing a description of the exempt facility,

iii

stating the conditions that must be satisfied in relation to the exempt facility, and

iv

accompanied by any records of maintenance mentioned in paragraph (e).

Small discharges of sewage effluent: England3

�??

1

For the purpose of paragraph 6(a)(i) of Schedule 2, the description is the discharge from a sewage treatment plant of 5 cubic metres per day or less of sewage effluent into inland freshwaters, coastal waters or relevant territorial waters.

2

For the purpose of paragraph 6(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are that an operator of the sewage treatment plant ensures that�??

a

all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled �??General binding rules for small sewage discharges (SSDs) with effect from January 2015�?� issued by the Agency and the Department for Environment, Food and Rural Affairs and published on 27th October 2014 and updated on 21st January 2015 M33 in relation to�??

i

design and manufacturing standards,

ii

construction, installation and operation specifications,

iii

siting and installation, and

iv

the capacity of the works and equipment;

b

in the case of a discharge which takes place for the first time on or after 1st January 2015, the discharge could not reasonably be made to the foul sewer;

c

the discharge does not contain trade effluent;

d

all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer's specification;

e

all works and equipment used for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of polluting matter entering inland freshwaters or coastal waters;

f

before the land or part of the land on which the sewage treatment plant is situated or being used is sold, an owner of the land or part of the land gives to the purchaser a written notice�??

i

stating that an exempt water discharge activity is being carried on on the land, and

ii

containing a description of the exempt facility.

3

For the purposes of this paragraph, an operator is a person who has control over the operation of the sewage treatment plant by reason of�??

a

being an owner of the land on which the sewage treatment plant is situated or being used, or

b

having entered into a written agreement with the owner of the land on which the sewage treatment plant is situated or being used to be responsible for the maintenance of the sewage treatment plant.

PART 3Exempt groundwater activities: descriptions and conditions

Interpretation of Part 31

In this Part—

“groundwater tracer test” means a study of—
1. a
  the behaviour or movement of water, or
2. b
  a contaminant below ground,
which involves the addition to groundwater of a distinguishable material which has nearly identical properties to the contaminant or water being studied;
F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“specified groundwater remediation scheme” means a remediation scheme which involves the addition of a substance or preparation to groundwater which enhances the rate of remediation of groundwater contaminants;
“water features” includes boreholes, wells, adits, springs, seepage and wetland areas, ponds, lakes and watercourses;
“water features survey” means a survey of all water features within 1 kilometre of the proposed activity that may be affected by it.

Discharge of small quantities of substances for scientific purposes2

1

For the purpose of paragraphs 7(a)(i) and 8(a)(i) of Schedule 2, the description is the discharge of small quantities of substances for scientific purposes as part of—

a

a specified groundwater remediation scheme, or

b

a groundwater tracer test,

F102limited to the amount strictly necessary for that purpose

2

For the purpose of paragraphs 7(a)(ii) and 8(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

a

that a water features survey has demonstrated that the discharge will not cause pollution;

b

that the prior consent of every person having a right to abstract water in the vicinity of the discharge has been obtained;

c

that the exemption registration authority is notified before the commencement of the discharge;

d

that in the case of discharges as part of a specified groundwater remediation scheme, monitoring of the discharge, to determine whether pollution has been caused, is undertaken.

stating the conditions that must be satisfied in relation to the exempt facility, and

iv

accompanied by any records of maintenance mentioned in paragraph (f).

For the purposes of this paragraph, an operator is a person who has control over the operation of the septic tank or sewage treatment plant by reason of—

a

being an owner of the land on which the septic tank or sewage treatment plant is situated or being used, or

b

having entered into a written agreement with the owner of the land on which the septic tank or sewage treatment plant is situated or being used to be responsible for the maintenance of the septic tank or sewage treatment plant.

a balanced system with a volume of less than 430 cubic metres per day, or

iii

a heated aquifer system with a volume of less than 215 cubic metres per day.

4

In this paragraph—

“balanced system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature is within the range 0.8 to 1.2;
“cooled aquifer system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature is less than 0.8;
“groundwater-fed wetland” means a terrestrial ecosystem directly depending on a body of groundwater (within the meaning of the Water Framework Directive) and includes—
1. a
  a European site (which has the meaning given in regulation 8 of F2the Conservation of Habitats and Species Regulations 2017);
2. b
  a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981 M34);
“heated aquifer system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature exceeds 1.2.

PART 4Exempt flood risk activities: descriptions and conditions

General and interpretation1

1

The descriptions in this Part are set out in paragraphs 2 to 28, in their respective first sub-paragraphs.

2

The specific conditions relating to each description in this Part are set out in paragraphs 2 to 28, in their respective second sub-paragraphs.

3

The general conditions relating to all descriptions in this Part are that the activity is not carried out—

a

on a designated site or—

i

in the case of the description set out in paragraphs 2 to 4, 6, 8, 9, 12, 13, 15, 16, 18 to 20 and 25 to 28, in their respective first sub-paragraphs, within a 200 metre radius of a designated site;

ii

in the case of the description set out in paragraphs 5, 7, 10, 11, 14 and 17, in their respective first sub-paragraphs, within a 500 metre radius of a designated site;

iii

in the case of the description set out in paragraphs 21, 22 and 24, in their respective first sub-paragraphs, within one kilometre upstream of a designated site;

iv

in the case of the description set out in paragraph 23, in its first sub-paragraph, within—

aa

5 kilometres upstream of a designated site notified for its freshwater habitats or species,

bb

1 kilometre upstream of a designated site that includes any part of the flood plain of the relevant main river but not the river itself, or

cc

1 kilometre upstream of any other designated site,

b

in a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions,

c

where the activity is carried out in Wales, within 100 metres of a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions, or

d

in the case of the descriptions set out in paragraphs 3, 5, 7, 10 to 15, 18, 21 to 24 and 27, in their respective first sub-paragraphs, where the activity is carried out in England within 100 metres of a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions.

4

In sub-paragraph (3), “designated site” means—

a

a European site (which has the meaning given in regulation 8 of F3the Conservation of Habitats and Species Regulations 2017),

b

a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 M35),

c

a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981), or

d

a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949 M36.

5

For the purposes of this Part—

“designated salmonid river” means—
1. a
  in England, a river included in the dataset sealed by the Agency on 22nd October 2015, entitled “Rivers in England identified as salmonid for flood risk activities under the Environmental Permitting Regulations”, and published by the Agency M37;
2. b
  in Wales, a river included on the map published by the NRBW on 20th October 2015 entitled “Rivers in Wales identified as salmonid for flood risk activities under the Environmental Permitting Regulations”M38;
“designated sensitive water body” means a water body included in the dataset sealed by the Agency on 20th October 2015 entitled “Water bodies in England identified as sensitive for flood risk activities under the Environmental Permitting Regulations because sediment management may compromise delivery of the environmental objectives of the Water Framework Directive” and published by the Agency M39;
“the dredging and removal of silt and sand requirements” means the document published by the Agency on 1st February 2016 entitled “Dredging and the removal of silt and sand from main rivers as a flood risk activity under the Environmental Permitting Regulations”M40;
“protected species” means—
1. a
  F104a species of a kind listed in Annex 1 to Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds or Annex 4 to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;
2. b
  a species in respect of which any adverse impact is in accordance with a licence issued under section 16 of the Wildlife and Countryside Act 1981 M41;
“relevant directions” means the Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015 M42.

6

In this Part, “bank” has the meaning given in paragraph 2(2)(a) in Part 1 of Schedule 25 and paragraph 2(2)(b) to (d) of that Schedule applies to this Part.

F1037

In sub-paragraph (5), in sub-paragraph (a) of the definition of “protected species”, a reference to a species listed in an Annex to Directive 2009/147/EC or Council Directive 92/43/EEC is to be construed as including a reference to any other species protected under the Conservation of Habitats and Species Regulations 2017.

Electrical cable services2

1

The erection of an electrical cable service crossing over a main river.

2

For the purposes of this paragraph, the specific conditions are—

a

the service crossing is within 10° of perpendicular to the direction of flow of the main river,

b

the vertical and horizontal clearances of the service crossing comply with the requirements set out in the table below,

c

permanent hazard markers are erected on both banks of the main river,

d

the bed and banks of the main river are not disturbed by the works, and

e

all excavated material not re-used on the site of the works is removed from the floodplain.

Voltage (kV)	Vertical clearance¹(metres)	Horizontal clearance²(metres)
275	15	15
400	15	15
132	12	15
66	12	15
33	9	10
11	9	10
6.6	9	10
4.15	6	9
¹ Vertical clearance above bank or flood bank crest level.
² Horizontal clearance of any tower or support landward from the top of the bank of the main river.

the bed and banks of the main river are not disturbed by the works.

Service crossings attached to the outside of existing structures over a main river4

1

Service crossings attached to the outside of existing structures over a main river.

2

For the purposes of this paragraph, the specific conditions are—

a

the service crossing does not project more than 1 metre horizontally from the structure,

b

the service crossing follows the existing cross-sectional profile of the structure to the main river in both normal and flood flow,

c

the service crossing does not pass through any bank, culvert, flood defence structure or river control works on the main river or through any sea defence,

d

permanent hazard markers are erected on both banks of the main river, and

e

a notification has not been sent by the regulator to the landowner that the structure has been identified for removal or modification in order to achieve the F105environmental objectives in relation to a river basin district.

Footbridges5

1

The construction of footbridges.

2

For the purposes of this paragraph, the specific conditions are—

a

the length of the footbridge measured from the top of one bank of the main river to the top of the other bank is no more than 8 metres,

b

the footbridge has no support in the watercourse, a deck width of no more than 1.5 metres and a kickerboard of no more than 100mm in height,

c

the footbridge does not reduce the cross-sectional area of the channel in the main river,

d

the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 M43, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 M44, that are not protected species,

e

no works take place within 100 metres of any non-agricultural building in the floodplain or another man-made structure on or in the main river,

f

the bed of the main river is not affected by the construction,

g

the length of bank disturbed by the construction extends to no more than 1 metre on either side of the footbridge,

h

the footbridge is securely attached to foundations which are no closer than 1 metre to the edge of the bank,

i

construction of the footbridge does not require reinforcement of the bed or banks,

j

the approach ramp or steps for the footbridge do not extend more than 4 metres from the landward side of the bank,

k

the lowest point of the underside of the bridge is at least 600mm higher than the top of both banks of the main river,

l

all excavated material not re-used on the site of the works is removed from the floodplain,

m

the height of the land at each end of the footbridge is not changed by the construction,

n

o

any parapet of the footbridge is of open construction comprising—

i

post and rail,

ii

post and wire mesh fencing of at least 100mm spacing, or

iii

post and wire strands.

Temporary scaffolding in England6

1

The erection and use of temporary scaffolding in or over a main river in England.

2

For the purposes of this paragraph, the specific conditions are—

a

the scaffolding will be in place for no longer than 4 weeks,

b

the scaffolding is not in place between 15th March and 15th June inclusive in any year,

c

on a main river that is a designated salmonid river, the scaffolding is not in place between 1st October and 14th March inclusive in any year,

d

the scaffolding does not occupy more than 10 metres of a river bank at any one time,

e

the scaffolding projects into or over the main river no more than 1.2 metres or no more than 10% of the width of the main river, whichever is less,

f

the scaffolding is located no less than 100 metres from any other scaffolding the erection and use of which is reliant on this exemption,

g

except where it is unsafe to do so, debris lodged against the scaffolding is removed within 24 hours, and

h

any transoms and walking decks are set no lower than 600 mm above water level.

Temporary dewatering in England7

1

The temporary dewatering of a work area in England.

2

For the purposes of this paragraph, the specific conditions are—

a

the duration of the dewatering is no longer than 4 weeks,

b

the dewatering is not in place between 15th March and 15th June inclusive in any year,

c

on a main river that is a designated salmonid river, the dewatering is not in place between 1st October and 14th March inclusive in any year,

d

the dewatering does not affect more than 10 metres of the bank of a main river at any one time,

e

the dewatering is not within 8 metres of a flood defence structure or river control works,

f

the depth of water adjacent to the dewatered area does not exceed 1.2 metres,

g

the dewatering does not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

h

all reasonable steps are taken to protect aquatic plants and aquatic animals found in the dewatered area,

i

the dewatering structure projects into or over the main river no more than 1.2 metres or no more than 10% of the width of the main river, whichever is less,

j

the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

k

all excavated material not re-used on the site of the works is removed from the floodplain,

l

m

any pumps used in the dewatering process are fitted with a 20mm mesh screen.

Maintenance of raised river or sea defences8

1

The maintenance of raised river or sea defences.

2

For the purposes of this paragraph, the specific conditions are—

a

the maintenance works use materials of the same kind as those present in the raised defences and do not alter the shape of those defences or the overall height of the protection afforded by those defences,

b

the raised defences are carrying out the functions for which they were originally designed, and

c

the works do not disturb the bed or, up to normal ground level, the banks of the main river.

Maintenance of structures within the channel of a main river9

1

The maintenance of structures within the channel of a main river other than raised river or sea defences.

2

For the purposes of this paragraph, the specific conditions are—

a

the maintenance works do not alter any dimension of the structure,

b

the structure is carrying out the functions for which it was originally designed,

c

the maintenance works use materials of the same kind as those present in the structure,

d

the maintenance works do not occur between 15th March and 15th June inclusive in any year,

e

on a main river that is a designated salmonid river, the maintenance works do not occur between 1st October and 14th March inclusive in any year, and

f

the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species.

Drinking bays10

1

The construction of a drinking bay on the bank of a main river.

2

For the purposes of this paragraph, the specific conditions are—

a

the bay is not located within 100 metres of any other man-made structure on or in the main river,

b

the bay is surrounded by a post and rail fence which must project into or over the main river no more than 1.2 metres or 10% of the width of the main river, whichever is less,

c

the base of the bay has a surface made of concrete, stone or inert hard core,

d

all excavated material not re-used on the site of the works is removed from the floodplain,

e

the works do not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river,

f

the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

g

the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

h

i

the remainder of the bank is fenced so as to prevent damage to the bank.

Access platforms11

1

The construction of access platforms on the bank of a main river or that project into or over a main river.

2

For the purposes of this paragraph, the specific conditions are—

a

the platform is not located within 50 metres of any other man-made structure,

b

the platform projects no more than 1.2m into or over the main river and occupies no more than 2m of bank length,

c

the works do not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river,

d

that part of the platform which projects over the channel is constructed as a flat deck, with no solid infill beneath the platform, supported on piers or piles of no more than 300mm width,

e

the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

f

g

h

any steps cut into the bank are supported by timber risers on the vertical part of the step.

Outfalls12

1

The construction of small outfall pipes and headwalls to main rivers.

2

For the purposes of this paragraph, the specific conditions are—

a

the headwall is not located within 50 metres of another man-made structure on or in the main river,

b

in the case of a headwall to a non-tidal main river, the outfall pipe is aligned to an angle of between 30° and 60° to the direction of flow in the river,

c

the diameter of the outfall pipe is less than 300mm,

d

the height of the headwall is no more than 1.5 metres or no more than 75% of the height of the bank, whichever is less,

e

the total length of bank affected during construction of the headwall is no more than 1.5 metres,

f

the headwall, wing walls and apron do not project beyond the line of the bank prior to the works being carried out,

g

the headwall is not within 8 metres of a flood defence structure or river control works,

h

the outfall pipe does not pass through or under any culvert, remote defence, river control works or sea defence, or any raised embankment or wall forming part of the bank of the main river,

i

all excavated material not re-used on the site of the works is removed from the floodplain,

j

the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

k

the works do not occur in, or within 200 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

l

m

any pipe that discharges through the headwall does not pass within 8 metres of a flood defence structure.

Repair and protection of banks using natural materials13

1

The repair and protection of main river banks using natural materials.

2

For the purposes of this paragraph, the specific conditions are—

a

the length of bank affected by the works is no more than 10 metres,

b

the works do not include the use of steel sheet piling, concrete, cement or concrete bagwork, brickwork, gabions or non-biodegradable materials,

c

the works do not take place within 50 metres of a bank that has been reinforced,

d

the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

e

when the works are finished, the height of the bank does not exceed the lower of—

i

the height of the bank on either side of the works, and

ii

the height of the bank prior to the works being carried out,

f

the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

g

the works do not involve the use of vehicles or wheeled or tracked machinery on the bed or bank of the main river,

h

the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 M45, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 M46, that are not protected species,

i

j

the works are not to a bank consisting of an earth cliff over 1 metre in height.

Repair of bank slips and erosion14

1

Repair of bank slips and erosion.

2

For the purposes of this paragraph, the specific conditions are—

a

the works do not involve removal of material from the bed of the main river other than bank slippage,

b

the works do not affect more than 10 metres of the bank at any one time,

c

the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

d

when the works are finished, the height of the bank does not exceed the lower of—

i

the height of the bank on either side of the works, and

ii

the height of the bank prior to the slip or erosion,

e

the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

f

any repair of a bank slippage is made using as materials only material that has subsided from that bank,

g

any repair of erosion uses materials of the same kind as those present on the relevant site,

h

the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

i

j

the works do not involve the use of a vehicle or of wheeled or tracked machinery on the bed or banks of the main river.

Channel habitat structures made of natural materials15

1

The installation of channel habitat structures made of natural materials (excluding weirs and berms).

2

For the purposes of this paragraph, the specific conditions are—

a

the structure occupies no more than half the width of the cross-sectional area of the channel in the main river and no more than 20 metres of the length of the main river,

b

no part of the structure is higher than 0.3 metres above the level of the river bed or 25% of the height of the bank (excluding any wall or embankment forming part of the bank), whichever is greater,

c

the structure is made from naturally occurring woody material and is securely fastened to the bed of the main river, the bank or both,

d

e

no works take place within 100 metres of—

i

a non-agricultural building in the floodplain,

ii

another natural channel habitat structure,

iii

stones or logs placed in the main river for habitat enhancement, or

iv

a man-made structure on or in the main river.

Rafts for surveys16

1

The installation of rafts for surveys.

2

For the purposes of this paragraph, the specific conditions are—

a

the raft has dimensions of no greater than 1.5 metres x 1 metre x 0.15 metre,

b

any equipment box used on the raft has a height of no more than 0.75 metre,

c

the raft is permanently and securely attached to the bank,

d

the raft is installed no less than 100 metres from any other raft,

e

when the raft is installed, there are no more than four other rafts within a distance of one kilometre,

f

the raft is installed for no more than 12 months and removed immediately if, within that period, it is no longer required, and

g

the raft is not installed within 100 metres of any non-agricultural building in the floodplain or another man-made structure on or in the main river.

Gravel-cleaning for fish-spawning beds17

1

Gravel-cleaning for fish-spawning beds.

2

For the purposes of this paragraph, the specific conditions are—

a

the works are only carried out in September or October in any year,

b

the works are to no more than 20m² of gravel per location, with a gap of at least 30 metres between locations,

c

the works do not adversely affect the banks or established bed of the main river,

d

the works are carried out using only hand tools or machinery carried and operated by one person, and

e

Placement of stones or logs in a main river in England for habitat enhancement18

1

Placement of stones or logs in the channel of a main river in England for habitat enhancement.

2

For the purposes of this paragraph, the specific conditions are—

a

any stones placed in the channel are of a type that occur naturally in the main river and do not exceed 400mm in any dimension,

b

any log placed in the channel is less than 2 metres in length, less than 400mm in diameter and oriented at an angle of within 45° to the flow of water,

c

any log placed in the channel—

i

is from a type of tree that occurs naturally in the vicinity of the main river, and

ii

is securely fixed to the bed or bank of the main river,

d

the stones or logs are placed in the channel over no more than 20 metres of the length, and 20% of the width, of the main river,

e

the placement of stones or logs does not occur in, or within 200 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

f

g

no stones or logs are placed within 100 metres of—

i

a non-agricultural building in the floodplain,

ii

a natural channel habitat structure,

iii

an existing emplacement of stones or logs placed in the main river for habitat enhancement, or

iv

a man-made structure on or in the main river.

Eel pass devices19

1

Construction of eel pass devices on existing structures.

2

For the purposes of this paragraph, the specific conditions are—

a

the existing structure is not located on a tidal river,

b

the device is permanently and securely attached to the existing structure,

c

the width of the device is no more than 5% of the width of the main river, and

d

the device does not extend upstream or downstream from the existing structure more than the lesser of—

i

10 metres, or

ii

the width of the channel measured between the top of each bank of the main river.

F71Notches20

1

Construction of F73...notches on an existing impoundment.

2

For the purposes of this paragraph, the specific conditions are—

a

the construction does not affect the structural integrity of the existing impoundment,

b

construction of the notches does not change the water level in the main river by more than 20cm upstream or downstream from the existing structure,

c

the existing impoundment is located on a main river with a width of no more than 5 metres measured between the top of each bank,

d

the construction does not adversely affect the banks or established bed of the main river, and

e

the notch is no more than 0.6 metre in width.

Removal of silt, sand and other material in England21

1

The removal of silt and sand from within bridge arches in England and any material from within culverts in England.

2

For the purposes of this paragraph, the specific conditions are—

a

the works do not affect the structural integrity of the bridge arch or culvert,

b

in the case of works within bridge arches, the removal of silt and sand is limited to the removal of accumulated silt and sand on the established bed of the main river,

c

the works do not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

d

the works and the subsequent deposition of the removed material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

e

the works do not occur between 15th March and 15th June inclusive in any year,

f

on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

g

the works do not expose the structural foundations or footings of the bridge or culvert,

h

the works and any equipment used to remove the sand and silt comply with the dredging and removal of silt and sand requirements,

i

the works do not involve the use of machinery on the bed or banks of the main river more than 20 metres from the bridge or culvert,

j

the works do not involve the use of a vehicle on the bed or banks of the main river,

k

the works do not damage the culvert or the banks or bed of the main river, and

l

the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions.

Removal of silt and sand adjacent to in-river structures in England22

1

The removal of silt and sand adjacent to in-river structures in England.

2

For the purposes of this paragraph, the specific conditions are—

a

the works take place no more than 10 metres upstream or downstream from the edge of the structure,

b

the removal of silt and sand does not affect the structural integrity of the structure,

c

the works do not damage the banks or bed of the main river,

d

the works are limited to the removal of accumulated silt and sand on the established bed of the main river,

e

the removal of silt and sand does not expose the structural foundations or footings of the structure,

f

silt and sand is not removed to below the level of the base of the inside of an adjacent culvert,

g

the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

h

the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

i

the removal of silt and sand does not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 M47 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 M48,

j

the removal of silt and sand and its subsequent deposition do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

k

the removal of silt and sand does not occur between 15th March and 15th June inclusive in any year,

l

on a main river that is a designated salmonid river, the removal of silt and sand does not occur between 1st October and 14th March inclusive in any year,

m

the works and any equipment used to remove the sand and silt comply with the dredging and removal of silt and sand requirements,

n

the works are not carried out in, or within one kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

o

the removal of silt and sand does not occur in a designated sensitive water body.

Dredging of man-made ditches, land drains, agricultural drains and previously straightened watercourses in England23

1

Dredging of no more than 1.5 kilometres of man-made ditches, land drains, agricultural drains and previously straightened watercourses classified as main rivers in England.

2

For the purposes of this paragraph, the specific conditions are—

a

the works do not occur in any location where dredging has been carried out within the previous 3 years,

b

the works do not occur in any location on a watercourse where dredging has taken place within 1.5 kilometres upstream or downstream of that location in the previous 12 months,

c

the works are completed within 3 years of registration of the exemption,

d

the works do not damage the bed or banks of the main river,

e

the dredging does not include the removal of gravel,

f

the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river,

g

the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

h

the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

i

the works do not occur in, or within one kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

j

the dredging and subsequent deposition of dredged material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

k

the works do not occur between 15th March and 15th June inclusive in any year,

l

on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

m

the works and any equipment used comply with the dredging and removal of silt and sand requirements,

n

o

the works do not occur in a designated sensitive water body,

p

on a non-tidal main river, the works do not occur within 8 metres of a flood defence structure or river control works, and

q

on a tidal main river, the works do not occur within 16 metres of a flood defence structure or sea defence.

Dredging of any main river in England24

1

Dredging of no more than 20 metres of any main river in England.

2

For the purposes of this paragraph, the specific conditions are—

a

no dredging has been carried out in the previous 12 months in the same main river and property,

b

the works are completed within 12 months of registration of the exemption,

c

the works do not damage the bed or banks of the main river,

d

the dredging does not include the removal of gravel,

e

the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

f

the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river,

g

the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

h

i

j

the works do not occur between 15th March and 15th June inclusive in any year,

k

on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

l

the works and any equipment used comply with the dredging and removal of silt and sand requirements,

m

n

the dredging does not occur in a designated sensitive water body.

Excavation of scrapes and shallow wetland features25

1

The excavation of scrapes and shallow wetland features in a floodplain.

2

For the purposes of this paragraph, the specific conditions are—

a

the area of the excavation is no more than 0.1 hectare and takes place at least 100 metres from any other excavation in the floodplain,

b

the excavation is no more than 500mm deep at any point,

c

where spoil from the excavation is spread on the floodplain, the spoil is spread to a depth of no more than 100mm, and

d

the excavation is at least 8 metres from any structure forming part of a flood defence and from the landward side of each bank of the main river.

Raised flood defences in England26

1

The construction of raised flood defences around one to six adjoining properties in England.

2

For the purposes of this paragraph, the specific conditions are—

a

the works are not within 8 metres of a main river,

b

the dimensions of the flood defences are no more than 1 metre in height and 6 metres in width,

c

the defences are located at least 20 metres from any building not owned by the owners of the properties,

d

the total area protected by the defences is no more than 150m² for each property,

e

the defences are to protect existing buildings, and

f

the works are within the existing boundary of the properties.

Bankside wildlife refuge structures27

1

Construction of bankside wildlife refuge structures.

2

For the purposes of this paragraph, the specific conditions are—

a

the length of bank excavated during construction of the structure is no more than 1.5 metres,

b

the height of the structure is no more than 1.5 metres or no more than 75% of the height of the bank, whichever is less,

c

the structure is not located within 50 metres of another man-made structure on or in the main river,

d

the structure is not located within 8 metres of a flood defence structure or river control works,

e

f

the structure does not project beyond the line of the bank prior to the works being carried out.

Improvement works for tracks and paths28

1

Improvement works for tracks and paths.

2

For the purposes of this paragraph, the specific conditions are—

a

the works are to an existing track or path,

b

the works do not alter the route or width of the track or path,

c

the works do not disturb the bed or banks of any main river,

d

the works do not increase the level of the path by more than 100mm, and

e

when the works are completed, all materials and debris are removed from the site.

PART 5Other waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

General and interpretation1

1

The descriptions in this Part are set out in the first sub-paragraph of each paragraph.

2

The conditions for each description are set out in the second sub-paragraph of each paragraph.

3

In this Part—

“collection” has the same meaning as in Article 3(10) of the Waste Framework Directive;
“collection point” means a place which is used for the collection of waste by an establishment or undertaking where the establishment or undertaking does not—
1. a
  receive payment for collecting the waste, or
2. b
  collect waste as its main business activity;
“place of production” has the meaning given in paragraph 1(1) of Part 1 of this Schedule.

4

For the purposes of this Part, a container, lagoon or other place is secure in relation to waste kept in it if—

a

all reasonable precautions are taken to ensure that the waste cannot escape from it, and

b

members of the public are unable to gain access to the waste.

Temporary storage at the place of production2

1

The temporary storage of any waste at the place of production, pending its collection.

2

For the purposes of this paragraph, the conditions are—

a

no waste is stored for longer than 12 months, and

b

the waste is stored in a secure place.

Temporary storage of waste at a place controlled by the producer3

1

The temporary storage of any waste, pending its collection, at a place controlled by the producer of the waste.

2

For the purposes of this paragraph, the conditions are—

a

the producer has control over the waste and the storage place,

b

the waste does not contain or consist of—

i

unbonded asbestos, or

ii

any substance with a flash point of less than 21 degrees Celsius,

c

the operation is not carried on in the course of providing a waste management service to another person,

d

the waste is stored in a secure place,

e

where more than one type of waste is stored, the types are not mixed,

f

no waste is stored for longer than 3 months,

g

in relation to non-liquid waste, the total quantity stored at any one time does not exceed 50 cubic metres, and

h

in relation to liquid waste—

i

the total quantity stored at any one time does not exceed 1,000 litres, and

ii

the waste is stored in a container with secondary containment.

Temporary storage at a collection point4

1

The temporary storage of waste at a collection point for the purposes of recovering or disposing of the waste elsewhere.

2

For the purposes of this paragraph, the conditions are that—

a

the waste does not contain or consist of—

i

asbestos;

ii

any substance with a flash point of less than 21 degrees Celsius,

b

where more than one type of waste is stored, the types are not mixed,

c

in relation to WEEE, the total quantity of waste stored at any one time does not exceed 30 cubic metres,

d

in relation to non-hazardous waste that—

i

is not WEEE, and

ii

is to be recovered elsewhere,

the total quantity of waste stored any one time does not exceed 50 cubic metres, and

e

in relation to waste not covered by paragraph (d) or (e), the total quantity of waste stored at any one time does not exceed 5 cubic metres.

SCHEDULE 4Application to the Crown

Regulation 11

Crown application1

Subject to paragraphs 2 to 5, these Regulations bind the Crown.

Contravention of these Regulations by the Crown2

1

If the Crown contravenes a provision of these Regulations—

a

it is not criminally liable under regulation 38, and

b

no proceedings may be taken against it under regulation 42.

2

But—

a

on the application of a regulator, the High Court may declare a contravention of these Regulations by the Crown to be unlawful, and

b

these Regulations apply to persons in the public service of the Crown as they apply to other persons.

Entry to Crown premises3

1

If the appropriate authority considers that in the interests of national security particular powers of entry must not be used in relation to particular Crown premises it may certify that those powers must not be used in relation to those premises.

2

In this paragraph—

“Crown premises” means premises held or used by or on behalf of the Crown;
“power of entry” means a power of entry exercisable under section 108 of the 1995 Act M49, in relation to a function under these Regulations.

Service on certain Crown operators4

1

This paragraph applies in relation to a regulated facility controlled or operated by a person acting on behalf of—

a

the Royal Household,

b

the Duchy of Lancaster, or

c

the Duke of Cornwall or other possessor of the Duchy of Cornwall.

2

When serving or giving notices or notifications, or instituting proceedings, the following person must be treated as the operator—

a

in relation to sub-paragraph (1)(a), the Keeper of the Privy Purse;

b

in relation to sub-paragraph (1)(b), the person appointed by the Chancellor of the Duchy of Lancaster;

c

in relation to sub-paragraph (1)(c), the person appointed by the Duke of Cornwall or other possessor of the Duchy of Cornwall.

Application of this Schedule to certain radioactive substances activities5

1

These Regulations do not bind the Crown in relation to a radioactive substances activity carried on at premises—

a

occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

b

occupied by or for the purposes of visiting forces.

2

In this paragraph, “visiting force” has the meaning given in section 12(1) of the Visiting Forces Act 1952 M50.

SCHEDULE 5Environmental permits

Regulations 13(3) and 15(3)

C1PART 1Grant, variation, transfer and surrender of environmental permits

Annotations:

Modifications etc. (not altering text)

Sch. 5 Pt. 1 excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 6(1)(b)

Interpretation1

In this Part—

“applicant” means—
1. a
  in the case of an application for the transfer of an environmental permit in whole or in part—
  1. i
    the operator and the proposed transferee, or
  2. ii
    the proposed transferee;
2. b
  in every other case, the operator;
“application” means an application—
1. a
  for the grant of an environmental permit under regulation 13(1),
2. b
  by an operator for the variation of an environmental permit under regulation 20(1),
3. c
  for the transfer, in whole or in part, of an environmental permit under regulation 21(1), or
4. d
  for the surrender, in whole or in part, of an environmental permit under regulation 25(2);
“public consultee” means a person whom the regulator considers is affected by, is likely to be affected by, or has an interest in, an application.

Making an application2

1

An application must—

a

be made by the applicant on the form provided by the regulator, and

b

include—

i

such information as is specified on the form, and

ii

any additional information required by the regulator.

2

An application under regulation 13(1) for the grant of an environmental permit for a flood risk activity referred to in paragraph 3(1)(a) to (c) of Part 1 of Schedule 25 must be accompanied by—

a

a fee of £50 for each flood risk activity to which the application relates, unless the regulator has made a charging scheme under section 41 of the 1995 Act M51, or

b

where the regulator has made such a charging scheme, the fee prescribed under that scheme.

3

Any other application must be accompanied by any fee prescribed in a charging scheme made by the regulator under section 41 of the 1995 Act or by the appropriate authority under regulation 66.

Withdrawing an application3

1

A duly-made application may be withdrawn by the applicant before it is determined.

2

If an application is withdrawn the applicant is not entitled to the return of any fee which accompanied it.

Further information in respect of a duly-made application4

1

If the regulator considers that it requires further information to determine a duly-made application, it may serve a notice on the applicant specifying the further information and the period within which it must be provided.

2

If the applicant fails to provide the further information in accordance with the notice, the regulator may serve a further notice on the applicant stating that the application is deemed to be withdrawn, upon which the application is deemed to be withdrawn.

3

If an application is deemed to be withdrawn, the applicant is not entitled to the return of any fee which accompanied it.

any motor vehicle refuelling activity within paragraph (d), (e) or (f) of Part B of Section 1.2 of Part 2 of Schedule 1, or

e

a stand-alone flood risk activity—

i

which is not likely to have a significant adverse effect on the environment, or

ii

in respect of which public consultation has been carried out under another statutory requirement where that consultation addresses the potential environmental impact of the flood risk activity.

5

In this paragraph—

“change in operation” means a change in the nature or functioning, or an extension, of an installation, which may have consequences for the environment;
“dry cleaning” means an industrial or commercial activity using volatile organic compounds to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile or clothing industry;
“substantial change” means a change in operation of an installation which in the regulator's opinion may have significant negative effects on human beings or the environment and includes—
1. a
  in relation to a Part A installation, a change in operation which in itself meets the thresholds, if any, set out in Part 2 of Schedule 1, and
2. b
  in relation to a waste incineration plant or waste co-incineration plant for non-hazardous waste, a change in operation which would involve the incineration or co-incineration of hazardous waste.

6

When assessing whether a change in operation of a Part B installation has significant effects on the environment, the regulator must consider only its emissions to air.

F87

When assessing whether the operation of a medium combustion plant or a specified generator may have significant negative effects on human beings or the environment, the regulator must consider only its emissions to air.

Public participation in relation to certain applications6

1

Subject to sub-paragraphs (2) and (3), if this paragraph applies the regulator must, within the consultation communication period—

a

take the steps it considers appropriate to inform the public consultees of the application and the place and times its public register can be inspected free of charge,

b

invite the public consultees to make representations on the application, and

c

specify to the public consultees the address to which and the period within which representations are to be made.

2

The regulator must not inform the public consultees of information which is to be excluded from a public register in the interests of national security unless the appropriate authority directs that it must do so.

3

The regulator must not inform the public consultees of information which is to be excluded from a public register because it is confidential information, unless the public consultee is—

a

a public authority and the information is necessary for the exercise of its functions, or

b

a sewerage undertaker and the information relates to the release of any substance into a sewer vested in that undertaker.

Calculation of the consultation communication period7

1

In paragraph 6, “the consultation communication period” means a period of 30 working days starting on the day the regulator receives a duly-made application.

2

But the period starts on—

a

the determination date, if a determination in relation to national security or confidentiality is made under regulation 47 or 50, or

b

the day an information subject gives notice under regulation 49(2)(a) consenting to the regulator including information on the public register.

3

In sub-paragraph (2), “determination date” means—

a

the date of a determination under regulation 47(3) or (7),

b

the date of a determination under regulation 50 that information must be excluded from the public register, or

c

if the regulator determines under regulation 50 that information must be included on the public register—

i

if an appeal is brought, the date of determination or withdrawal of that appeal, or

ii

if no appeal is brought, the date on which the period for bringing an appeal expires.

Public participation in relation to regulator-initiated variations8

1

If this paragraph applies, the regulator must notify the operator—

a

that the public participation procedures in sub-paragraph (2) apply,

b

of the variation it proposes to the environmental permit, and

c

of any fee prescribed in respect of this paragraph in a charging scheme made by the regulator under section 41 of the 1995 Act or by the appropriate authority under regulation 66.

2

The regulator must—

a

take the steps it considers appropriate to inform the public consultees of the proposed variation,

b

invite the operator and the public consultees to make representations on the proposed variation, and

c

specify to the operator and the public consultees the address to which and the period within which representations are to be made.

Consultation: conditions mentioned in regulation 15(1)9

1

This paragraph applies if the regulator proposes to include a condition mentioned in regulation 15(1) in an environmental permit, other than a condition to which sub-paragraph (2) applies.

2

In this paragraph—

“member State” includes Iceland, Liechtenstein and Norway but only to the extent that there is a relevant application or regulator-initiated variation which relates to the carrying on at an installation of an activity listed in Annex I to the Industrial Emissions Directive;
“relevant application” means an application for the grant or variation of an environmental permit in relation to an installation described in sub-paragraph (5) or a Category A mining waste facility;
F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“relevant information” means—
1. a
  where the relevant application or regulator-initiated variation relates to an installation described in sub-paragraph (5), a matter in paragraph 1 of Annex IV to the Industrial Emissions Directive;
2. b
  where it relates to a Category A mining waste facility, the information F117described in Article 7(2) of the Mining Waste Directive.

a

to avoid a pollution risk resulting from the operation of the regulated facility and, in the case of a permit authorising the carrying on of a flood risk activity (in whole or in part), to avoid any of the risks specified in sub-paragraph (3), and

b

to return the site of the regulated facility to a satisfactory state, having regard to the state of the site before the facility was put into operation.

2

Sub-paragraph (1) does not apply to an application for the surrender of any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a radioactive substances activity at a nuclear site.

3

3

In sub-paragraph (1) “the relevant period” means a period, calculated in accordance with paragraph 16, of—

a

in the case of an application for the transfer of an environmental permit in whole or in part, 2 months,

b

in the case of an application for the grant or variation, in whole or in part, of an environmental permit relating to a stand-alone flood risk activity only, 2 months,

c

in a case where paragraph 6 applies, 4 months, or

d

in any other case, 3 months,

or in any case, a longer period than the period in paragraphs (a) to (d), if it is agreed by the regulator and the applicant.

Calculation of the relevant period16

1

This paragraph provides for the calculation of a period referred to in paragraph 15(3).

2

The period starts—

a

in the case of an application for the grant or variation of an environmental permit in relation to a Category A mining waste facility—

i

on the day the regulator is notified by the fire and rescue authority of the matters referred to in paragraph 14(1) of Schedule 20, and for these purposes “fire and rescue authority” has the meaning given in paragraph 2 of that Schedule, or

ii

if paragraph 10 of this Schedule applies, on the day mentioned in sub-paragraph (i) of this paragraph or, if the day on which the appropriate authority complies with paragraph 10(3) of this Schedule is later, on that day;

b

if paragraph 10 of this Schedule applies and the application is not one covered by paragraph (a), on the day the appropriate authority complies with paragraph 10(3) of this Schedule;

c

in all other cases, on the day the regulator receives a duly-made application.

3

In calculating the period the following periods must be ignored—

a

a period beginning with the service of a notice requiring further information under paragraph 4(1) to the receipt by the regulator of that information;

b

a period for representations mentioned in paragraph 9(4)(c) to the extent that it does not overlap with a period for representations mentioned in paragraph 6(1)(c);

c

a period of 20 days after the service of a notice under regulation 15(5);

d

where regulation 15(6) applies, a period beginning with the day on which the regulator informs the applicant of the proposed condition and ending when the regulator is satisfied that the landowner has consented to that condition;

e

a period during which national security or confidentiality is being considered in relation to the application, that is to say—

i

any period during which a determination under regulation 47(3) or (7) or 50 is being considered (including any appeal), or

ii

a period of 15 working days after the service of a notice under regulation 49(1);

f

if the regulator informs the public in relation to a draft decision in accordance with paragraph 1(d) of Annex IV to the Industrial Emissions Directive, a period of 20 working days.

Notification of a determination or decision17

1

As soon as is reasonably practicable after it determines an application or decides to make a regulator-initiated variation, the regulator must comply with F119sub-paragraphs (2) and (2A).

2

The regulator must—

a

notify the applicant or, for a regulator-initiated variation, the operator of—

i

its determination or decision,

ii

the rights of appeal the applicant or operator has under regulation 31, and

iii

the requirements relating to the exercise of those rights in paragraphs 2 and 3 of Schedule 6, and

b

if paragraph 10 applies, notify the appropriate authority of the determination or decision.

F1182A

Where paragraph 10 applies to an application or regulator-initiated variation relating to an installation described in paragraph 10(5), the regulator must—

a

notify the authorities of the member State consulted in accordance with paragraph 10(2A)(a) of the determination or decision, and

b

provide those authorities with the information described in Article 24(2) of the Industrial Emission Directive.

3

In this paragraph, “determination” and “decision” include the reasons for the determination or decision.

Date of effect of certain determinations and decisions18

1

This paragraph applies to—

a

a determination by which the regulator grants an application which—

i

varies an environmental permit in consequence of an application for variation, transfer in whole or in part, or partial surrender, or

ii

grants a new environmental permit in consequence of an application for partial transfer, and

b

a decision to make a regulator-initiated variation.

2

The determination or decision must specify any variation and the date it is to take effect.

3

If the regulator grants an application for the transfer of an environmental permit in whole or in part, the determination must specify the date agreed between the regulator and the applicant that the transfer is to take effect.

Form of certain determinations and decisions: consolidation of permits19

1

This paragraph applies to every determination and decision to which paragraph 18 applies.

2

A determination or decision may comprise—

a

a consolidated permit reflecting the variations, and

b

a notice specifying the variations included in that consolidated permit.

3

Only the variations specified are subject to the right of appeal in regulation 31(1)(b) or (c).

Incidents and accidents: deemed condition of a permit20

Every environmental permit in relation to a regulated facility to which Schedule 7, 13 or 14 applies is deemed to contain the following conditions, unless such conditions are included in the permit—

a

in the event that the operation of a regulated facility gives rise to an incident or accident which significantly affects the environment, the operator of that regulated facility must immediately—

i

inform the regulator,

ii

take the measures necessary to limit the environmental consequences of such an incident or accident, and

iii

take the measures necessary to prevent further possible incidents or accidents;

b

in the event of a breach of any condition of a permit, the operator of a regulated facility must immediately—

i

inform the regulator, and

ii

take the measures necessary to ensure that compliance is restored within the shortest possible time;

c

in the event of a breach of any condition of a permit which poses an immediate danger to human health or threatens to cause an immediate significant adverse effect on the environment, the operator of a regulated facility must immediately suspend the operation of the regulated facility or the relevant part of it until compliance with the condition of the permit has been restored.

PART 2Compensation in relation to conditions affecting certain interests in land

Interpretation1

In this Part—

“grantor” means a person who grants the operator rights pursuant to regulation 15(2);
“relevant interest” means an interest in land out of which rights have been granted pursuant to regulation 15(2);
“rights” means the rights granted by the grantor.

Entitlement to compensation2

A grantor is entitled to be paid compensation under this Part by the operator.

Loss and damage for which compensation is payable3

1

Subject to paragraph 6(3) and (5)(b), compensation is payable for loss and damage of the following descriptions—

a

depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

b

depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;

c

loss or damage, in relation to any relevant interest to which the grantor is entitled, which—

i

is attributable to the grant of the rights or the exercise of them,

ii

does not consist of depreciation in the value of that interest, and

iii

is loss or damage for which the grantor would have been entitled to compensation by way of compensation for disturbance if the circumstances specified in sub-paragraph (2) applied;

d

damage to, or injurious affection of, any interest in land to which the grantor is entitled which—

i

is not a relevant interest, and

ii

results from the grant of the rights or the exercise of them;

e

loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of the rights or the exercise of them.

2

For the purpose of sub-paragraph (1)(c)(iii), the circumstances are that the relevant interest was acquired compulsorily—

a

under the Acquisition of Land Act 1981 M52, and

b

in pursuance of a notice to treat served on the date on which the rights were granted.

Date when entitlement to compensation arises4

1

An entitlement to compensation under this Part arises on the date of the grant of the rights.

2

But if an appeal against the conditions of the environmental permit which rendered the grant of rights necessary is refused, the entitlement to compensation arises on the date the appeal is determined.

distinguishing the amounts applied for under each of paragraph 3(1)(a) to (e), and

ii

showing how the amount applied for under each paragraph has been calculated, and

d

if the date on which the entitlement to compensation arises is ascertained in accordance with paragraph 4(2), a copy of the notice of the final determination of the appeal.

Assessment of the amount to be paid by way of compensation6

1

The amount to be paid by way of compensation under this Part must be assessed in accordance with this paragraph.

2

The rules set out in section 5 of the Land Compensation Act 1961 M53 have effect for the purposes of this paragraph as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land, so far as applicable and subject to any necessary modifications.

3

No account is to be taken of any enhancement of the value of an interest in land by reason of any building erected, work done, or improvement or alteration made on land in which the grantor is, or was at the time the building or other work was carried out, directly or indirectly concerned, if the work carried out—

a

was not reasonably necessary, and

b

was undertaken with a view to obtaining compensation or increased compensation.

4

In calculating the amount of a loss under paragraph 3(1)(e), expenditure incurred in the preparation of plans or on other similar preparatory matters is to be taken into account.

5

c

in any other case, subject to any direction of the Upper Tribunal or the court, as soon as reasonably practicable after the amount of the compensation has been determined.

3

Any question of the application of paragraph 6(3) or dispute as to the amount of compensation must be referred to and determined by the Upper Tribunal.

4

In relation to the determination of such a question, section 4 of the Land Compensation Act 1961 M54 applies as if the reference in section 4(A1) of that Act to section 1 of that Act M55 were a reference to sub-paragraph (3) of this paragraph.

Interest payable on compensation8

1

Compensation payable under this Part carries interest at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961 from the date specified in sub-paragraph (2) to payment.

2

a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be dealt with by way of written representations.

3

An appellant may withdraw an appeal by notifying the appropriate authority in writing and must send a copy of that notification to the regulator.

Time limit for making an appeal3

1

A notice of appeal must be given—

a

in relation to an appeal against a revocation notice, before the revocation notice takes effect;

b

in relation to the withdrawal of a duly-made application under paragraph 4(2) of Part 1 of Schedule 5, not later than 15 working days after the date of the further notice served under that paragraph;

c

in relation to an enforcement notice, a regulator-initiated variation, suspension notice, mining waste facility closure notice, landfill closure notice, flood risk activity emergency works notice, flood risk activity notice of intent or flood risk activity remediation notice, not later than 2 months after the date of the variation or notice;

d

in relation to a prohibition notice, not later than 21 days after the date of the notice;

e

in any other case, not later than 6 months after the date of the decision or deemed decision.

2

The appropriate authority may in a particular case allow notice of appeal to be given after the periods mentioned in sub-paragraph (1)(b) to (e) have expired.

Notice to affected and interested persons4

1

The regulator must, within 10 working days after receipt of a copy of a notice of appeal, give notice of it to any person whom the regulator considers is affected by, is likely to be affected by, or has an interest in, the subject matter of the appeal.

2

A notice must include—

a

a description of the subject matter of the appeal, and

b

a statement that representations in writing may be made to the appropriate authority within a period of 15 working days after the date of the notice.

3

The regulator must notify the appropriate authority of the persons to whom, and the date on which, such a notice was sent, within 10 working days after sending it.

4

The regulator must give notice of the withdrawal of an appeal to every person given such a notice.

2

If a hearing is held or reopened under sub-paragraph (1)(c), paragraphs 5(2) to 5(6) apply as they apply to a hearing held under paragraph 5(1).

3

Paragraph 6 applies to the redetermination of an appeal as it applies to the determination of that appeal.

SCHEDULE 7Part A installations: Industrial Emissions Directive

Regulation 35(1)

Application1

This Schedule applies to every Part A installation.

InterpretationF1202

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of regulator's functions: general3

The regulator must exercise its functions under these Regulations for the purpose of achieving a high level of protection of the environment taken as a whole by, in particular, preventing or, where that is not practicable, reducing emissions into the air, water and land.

Applications for the grant of an environmental permit4

The regulator must ensure that every application for the grant of an environmental permit includes the information specified in Article 12 of the Industrial Emissions Directive.

Exercise of relevant functions5

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Industrial Emissions Directive—

a

Article 5(1) and (3);

b

Article 7;

c

Article 8(2);

d

Article 9;

e

Article 11;

f

Article 13(7);

g

Article 14;

h

Article 15 F161... ;

i

Article 16;

j

Article 17;

k

Article 18;

l

Article 20(1) and (2);

m

Article 22 F121... ;

F122n

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Developments in best available techniques6

1

The regulator must ensure that it is informed of developments in best available techniques and of the publication of any new or updated BAT conclusions and where appropriate must exercise its functions so as to encourage the application of emerging techniques, in particular those identified in BAT reference documents.

2

In this paragraph—

“BAT conclusions” has the meaning given in Article 3(12) of the Industrial Emissions Directive;
“BAT reference document” has the meaning given in Article 3(11) of the Industrial Emissions Directive;
“best available techniques” has the meaning given in Article 3(10) of the Industrial Emissions Directive;
“emerging technique” has the meaning given in Article 3(14) of the Industrial Emissions Directive.

Review of environmental permits7

The regulator must review an environmental permit in accordance with Article 21 of the Industrial Emissions Directive if any of the circumstances in that Article applies in relation to the Part A installation whose operation the permit authorises.

Public participation8

The regulator must exercise its functions so as to meet the requirements of Article 24 of the Industrial Emissions Directive.

Inspections9

When inspecting a regulated facility in accordance with regulation 34(2) the regulator must comply with Article 23 of the Industrial Emissions Directive.

SCHEDULE 8Part B installations and Part B mobile plant etc.

Regulation 35(1)

Application1

1

Subject to sub-paragraph (2), in England and Wales, this Schedule applies in relation to every Part B installation.

2

Where installations are Part B installations solely because of the aggregation of the net rated thermal input of two or more appliances in accordance with paragraph 2 under the heading “Interpretation and application of Part B” in Section 1.1 of Part 2 of Schedule 1, only paragraph 4(1)(a) of this Schedule applies to those installations (in addition to the provisions in Schedule 24).

3

In Wales only, this Schedule also applies in relation to every small waste incineration plant (in addition to the provisions in Schedule 13) and in relation to every solvent emission activity (in addition to the provisions in Schedule 14).

Interpretation2

For the purposes of this Schedule—

“best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing in principle the basis for emission limit values relevant to air pollution designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole, where—
1. a
  “techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;
2. b
  “available techniques” means those techniques developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, and which are reasonably accessible to the operator;
3. c
  “best” means most effective in achieving a high general level of protection of the environment as a whole;
“installation” means a Part B installation, Part B mobile plant, small waste incineration plant or solvent emission activity.

Exercise of regulator's functions: general3

The regulator must exercise its functions under these Regulations for the purpose of preventing or, where that is not practicable, reducing emissions into the air.

Applications for the grant of an environmental permit4

1

The regulator must ensure that every application for the grant of an environmental permit includes the following information—

a

the installation and its activities;

b

the sources of emissions to air from the installation;

c

the nature and quantities of foreseeable emissions into the air from the installation as well as identification of significant effects of those emissions on the environment;

d

the proposed technology or other techniques for preventing, or where that is not possible, reducing emissions to air from the installation;

e

further measures planned to ensure that the installation is operated in such a way that—

i

all appropriate preventive measures are taken against pollution, in particular through the application of best available techniques, and

ii

no significant pollution is caused;

f

measures planned to monitor emissions into the air;

g

the main alternatives, if any, to the techniques or measures required in paragraphs (d) to (f);

h

a non-technical summary of the details referred to in paragraphs (a) to (g).

2

Sub-paragraph (1)(d) does not apply to the extent that the application relates to the burning of waste oil in an appliance with a net rated thermal input of less than 0.4 megawatts at a Part B installation.

3

In the case of a new installation or a substantial change where Article 4 of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M57 applies, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 or 7 of that Directive shall be taken into consideration by the regulator for the purposes of granting the environmental permit.

F1234

In sub-paragraph (3), a reference to a numbered Article of Directive 2011/92/EU is to be construed as a reference to the EU-derived domestic legislation which transposed that Article in respect of England and Wales.

Exercise of relevant functions5

1

The regulator must, for the purpose of preventing or, where that is not practicable, reducing emissions into the air, exercise its relevant functions in relation to the installations to which this Schedule applies—

a

so as to ensure that they are operated in such a way that—

i

appropriate preventive measures are taken against air pollution, in particular through the application of best available techniques;

ii

no significant air pollution is caused;

b

where an environmental quality standard requires stricter conditions than those achievable by the use of best available techniques, additional measures are required by the permit, without prejudice to other measures which might be taken to comply with environmental quality standards;

c

permits include emission limit values, which may if appropriate be supplemented or replaced by equivalent parameters or technical measures, for polluting substances likely to be emitted into the air from the installation concerned in significant quantities;

F124d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The regulator must ensure that emission limit values or equivalent parameters or technical measures are based on best available techniques without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the installation, including (except in the case of mobile plant) its geographical location and the local environmental conditions.

3

In this paragraph “substance” means any chemical element and its compounds and any biological entity or micro-organism, with the exception of the following substances—

a

radioactive substances as defined in F24Article 4 of the Basic Safety Standards Directive;

b

genetically modified micro-organisms as defined in Article 2(b) of Directive 2009/41/EC of the European Parliament and of the Council on the contained use of genetically modified micro-organisms M58;

c

genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms M59.

Change in operation6

1

Operators holding environmental permits for installations to which this Schedule applies must notify the regulator of any substantial change in the operation of that installation.

2

Where there is a substantial change in the operation of an installation, the regulator must ensure that the environmental permit is reviewed and, if necessary, updated.

Review of permits7

The regulator must review an environmental permit where—

a

the air pollution caused by the installation is of such significance that the existing emission limit values of the permit need to be revised or new values need to be included in the permit,

b

substantial changes in best available techniques make it possible to reduce emissions significantly without imposing excessive costs,

c

the operational safety of the process or activity requires other techniques to be used, or

d

new legislation necessitates a review.

Developments in best available techniques8

The regulator must ensure that it is informed of developments in best available techniques.

SCHEDULE 9Waste operations and materials facilities

Regulation 35(1)

PART 1Waste operations

Application1

This Schedule applies in relation to every waste operation.

Interpretation2

In this Schedule—

“disposal” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly;
“recovery” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly.

Exercise of relevant functions3

1

The regulator must exercise its relevant functions—

a

for the purposes of ensuring that—

i

the waste hierarchy referred to in Article 4 of the Waste Framework Directive is applied to the generation of waste by a waste operation;

ii

waste generated by a waste operation is treated in accordance with Article 4 of the Waste Framework Directive;

b

for the purposes of F125ensuring the objectives of Article 13 of the Waste Framework Directive are met, but not in respect of nuisances and hazards arising from traffic beyond the site of a waste operation;

c

so as to ensure that the requirements in the second paragraph of Article 23(1) of the Waste Framework Directive are met;

d

so as to ensure compliance with the following Articles of the Waste Framework Directive—

i

Article 18(2)(b) and (c);

ii

Article 23(3);

iii

Article 23(4);

iv

Article 35(1).

2

But the following duties take effect in relation to an environmental permit which was in force on the date of coming into force of the Waste (England and Wales) Regulations 2011 M60 on the first review of the permit by the regulator (under regulation 34(1)) after that date—

a

the duty in sub-paragraph (1)(a), (d)(i) and (d)(iii);

b

the duty in sub-paragraph (1)(c), to the extent that it is imposed in relation to Article 23(1)(e) and (f).

PART 2Materials facilities

CHAPTER 1Introductory provisions, conditions and functions

Assessment and notification1

1

At the start of each reporting period, the operator of a materials facility must assess the amount of mixed waste material that facility is likely to receive during the relevant year by having regard to—

a

the amount of mixed waste material received at that facility during the period of 12 months immediately preceding the start of that reporting period, and

b

the anticipated amount of mixed waste material that will be received by that facility during the relevant year.

2

The operator must notify the regulator before the end of the reporting period if the assessment undertaken at the start of that period indicates that the materials facility is likely to receive a minimum of 1,000 tonnes of mixed waste material during the relevant year.

3

Where the operator has given a notification under sub-paragraph (2), no further notification is required under that sub-paragraph in relation to any subsequent assessment, for so long as that notification is not withdrawn.

4

The operator may withdraw, in writing, a notification given under sub-paragraph (2) at any time if the operator considers that the materials facility is not likely to receive a minimum of 1,000 tonnes of mixed waste material during the relevant year.

5

In this paragraph, “relevant year” means the period of 12 months that commences on the first day of a reporting period.

Interpretation2

1

In this Schedule—

“material particles” means—
1. a
  for specified output material that is made up in largest proportion of glass material, particles of that material that measure less than 13 millimetres along their longest dimension, and
2. b
  in relation to all other types of specified output material and for mixed waste material, particles of material measuring less than 55 millimetres along their longest dimension;
“materials facility” means, subject to sub-paragraph (2), a regulated facility or part of a regulated facility that receives mixed waste material in order to separate it into specified output material for the purpose of selling it, or transferring it to other facilities or persons to enable that material to be recycled by those facilities or persons;
“mixed waste material” means waste that—
1. a
  originates—
  1. i
    from households, or
  2. ii
    from other sources but is similar to household waste in terms of its nature or composition, and
2. b
  consists in largest proportion of two or more of the following kinds of target material mixed together—
  1. i
    glass;
  2. ii
    metal;
  3. iii
    paper;
  4. iv
    plastic;
“non-recyclable material” means waste material that is not capable of being recycled;
“non-target material” means material that is capable of being recycled but is not a target material;
“paper” includes cardboard and beverage cartons that include cardboard as a composite material;
“reporting period” means any of the following periods—
1. a
  1st January to 31st March;
2. b
  1st April to 30th June;
3. c
  1st July to 30th September;
4. d
  1st October to 31st December;
“specified output material” means a batch of material (whether or not waste) that is—
1. a
  produced from a separating process for mixed waste material, and
2. b
  made up of one of the following kinds of target material, in largest proportion—
  1. i
    glass;
  2. ii
    metal;
  3. iii
    paper;
  4. iv
    plastic;
“target material” means a material that is identified by the operator of a materials facility as destined to be separated out from mixed waste material in order to produce bulk quantities of that identified material.

2

In this Schedule—

a

any reference to a “materials facility” excludes a facility or a part of a facility that undertakes the processing or sorting of WEEE, waste batteries or accumulators;

b

references to “recycled” or “recyclable” are to be construed in accordance with the meaning of “recycling” given in Article 3(17) of the Waste Framework Directive.

Specification of conditions of environmental permits and exercise of relevant functions3

c

in a case not falling within paragraph (a) or (b), the person who collected the material or, if that person is not known, the person responsible for delivering it to the materials facility is the supplier;

d

where the batch comprises material from more than one supplier, and the proportion of that batch attributable to a particular supplier cannot reasonably be ascertained, an estimate of the proportion is sufficient.

Output material5

1

Apart from the mixed waste material mentioned in sub-paragraph (2) and the specified output material mentioned in sub-paragraph (3), the operator of a materials facility must measure the total weight in tonnes of all other waste material that leaves the facility in each reporting period.

2

The operator of a materials facility must measure the total weight in tonnes of all mixed waste material that leaves the facility in each reporting period to be transferred to another materials facility for the purpose of separating that material into specified output material.

3

The operator of a materials facility must measure the total weight in tonnes of specified output material that leaves the facility in each reporting period.

4

The operator of a materials facility must take samples of the specified output material produced at that facility in a reporting period and measure the composition of those samples.

5

For the purpose of fulfilling the requirements in sub-paragraphs (3) and (4), the specified output material must, as a minimum, be identified by reference to the grade of glass, metal, paper or plastic material making up each batch of specified output material.

6

For the purpose of sub-paragraph (4), measuring the composition of a sample taken by the operator means identifying the materials comprising that sample, by reference to—

a

the type of target material, non-target material and non-recyclable material that is contained in the sample, and

b

the weight in kilograms of each type of target material, non-target material and non-recyclable material that is so identified.

7

The samples mentioned in sub-paragraph (4) must be taken at a minimum frequency of once per the amount in tonnes that is specified in the second column of the following table, in relation to the type of target material that is mentioned in the first column—

Target material	Amount
Glass	50 tonnes
Paper	60 tonnes
Metal	20 tonnes
Plastic	15 tonnes

8

The minimum weight of any sample taken for the purposes of sub-paragraph (4) is—

a

10kg in relation to glass target material,

b

50kg in relation to paper target material,

c

20kg in relation to plastic target material, and

d

10kg in relation to metal target material.

9

For the purposes of sub-paragraph (5), the grade of a material means a description of that kind of material by reference to its particular material specification.

10

If the sample taken under sub-paragraph (4) contains material particles, they are deemed to comprise the proportions of target materials, non-target materials and non-recyclable materials already identified as making up the other contents of that sample, and the weight of the material particles must be apportioned according to those proportions for that particular sample.

Records6

1

The operator of a materials facility must record the following information—

a

the measurements taken under paragraph 4(1);

b

details of all the samples taken under paragraph 4(2) including the weight of each sample and its composition;

c

the measurements taken under paragraph 5(1) and details of where the other waste material that leaves the facility in each reporting period is sent;

d

the measurements taken under paragraph 5(2) and details of where the mixed waste material that leaves the facility in each reporting period is sent;

e

the measurements taken under paragraph 5(3) and details of where the specified output material that leaves the facility in each reporting period is sent;

f

details of all the samples taken under paragraph 5(4) including the weight of each sample and its composition;

g

details of the amount in tonnes of specified output material that is produced by the materials facility in a reporting period, by reference to the grade of glass, metal, paper and plastic target material that makes up that batch of material.

2

The information recorded under sub-paragraph (1) must—

a

be retained by the operator of a materials facility for a minimum of 4 years from the date that it is first recorded, and

b

be produced for inspection by the regulator if required during those 4 years.

Reports to the regulator7

1

The operator of a materials facility must provide a report to the regulator that includes the information set out in sub-paragraphs (3) and (4).

2

The report mentioned in sub-paragraph (1) must be—

a

produced in electronic format, and

b

submitted to the regulator in respect of a reporting period within 1 month of the expiry of that period.

3

The following information must be provided for all mixed waste material that is received by the materials facility during a reporting period—

a

the measurements taken under paragraph 4(1);

b

the total number of all samples taken for each supplier under paragraph 4(2);

c

the total weight in kilograms of all the samples taken for each supplier under paragraph 4(2);

d

the average percentage composition levels of all of the samples taken under paragraph 4(2) for each supplier, by reference to the following target materials—

i

glass;

ii

metal;

iii

paper;

iv

plastic;

e

the average percentage composition levels of each of the following categories of material found in all the samples taken for each supplier under paragraph 4(2)—

i

target materials;

ii

non-target materials, and

iii

non-recyclable materials;

f

the standard deviation of the average percentage composition levels for the target materials found in all the samples taken for each supplier under paragraph 4(2).

4

The following information must be provided in respect of specified output material that leaves the materials facility during a reporting period—

a

the measurements taken under paragraph 5(1) and details of where the other waste material is sent in a reporting period;

b

the measurements taken under paragraph 5(2) and details of where the mixed waste material is sent in a reporting period;

c

the measurements taken under paragraph 5(3);

d

the total number of all samples taken under paragraph 5(4);

e

the total weight in kilograms of all the samples that are taken under paragraph 5(4);

f

the average percentage composition levels of all of the samples taken under paragraph 5(4), by reference to the grades of glass, metal, paper and plastic identified within those samples;

g

the average percentage composition levels of each of the following categories of material found in all the samples taken under paragraph 5(4)—

i

target materials;

ii

non-target materials, and

iii

non-recyclable materials;

h

the standard deviation of the average percentage composition levels for the target materials found in all the samples taken under paragraph 5(4).

5

In this paragraph, “average” means the arithmetic mean.

F78PART 3Waste operations: management and technical competence conditions

Annotations:

Amendments (Textual)

F78

Sch. 9 Pt. 3 inserted (7.4.2019) by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(2), 4(5)

any review or update under paragraph (a).

4

If the regulator varies an environmental permit which meets the criteria in paragraph (1) so as to include a condition referring to a management system recorded in writing relating to risks relating to pollution, this paragraph ceases to apply to that environmental permit.

Annotations:

Amendments (Textual)

F91

Sch. 9 Pt. 4 inserted (1.10.2020) by The Waste (Circular Economy) (Amendment) Regulations 2020 (S.I. 2020/904), regs. 1(1), 21(5)

1

Every environmental permit which authorises a small waste incineration plant, a waste co-incineration plant, or a waste incineration plant is deemed to contain the following condition, unless such a condition to the same effect is included in the permit.

2

The condition is that the operator must not accept—

a

any waste paper, metal, plastic or glass for incineration if that waste has been separately collected for the purpose of preparing for re-use or recycling; or

b

any waste for incineration that results from the treatment of waste referred to in paragraph (a), unless—

i

the relevant permit authorises the operator to accept that type of waste for incineration; and

ii

incineration of that waste delivers the best environmental outcome in accordance with regulation 12 of the Waste (England and Wales) Regulations 2011.

SCHEDULE 10Landfill

Regulation 35(1)

Application1

This Schedule applies in relation to every landfill except a landfill which finally ceased to accept waste for disposal before 16th July 2001.

Interpretation: general2

1

In this Schedule—

a

unless otherwise provided, an expression that is defined in the Landfill Directive has the meaning given in that Directive,

b

“the Decision” means Council Decision 2003/33/ECM61,

c

“the Decision Annex” means the Annex to the Decision, and

d

“landfill” has the meaning given in Article 2(g) of the Landfill Directive, but does not include any operation excluded from the scope of that Directive by Article 3(2) F83or (3).

2

When interpreting F126... the Decision for the purposes of this Schedule—

a

an expression that is defined in Part 1 of these Regulations has the meaning given in that Part,

F127b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

“PAHs (polycyclic aromatic hydrocarbons)” means Naphthalene, Acenaphthylene, Acenaphthene, Anthracene, Benzo(a)anthracene, Benzo(b)fluoranthene, Benzo(k)fluoranthene, Benzo(g,h,i)perylene, Benzo(a)pyrene, Chrysene, Coronene, Dibenzo(a,h)anthracene, Fluorene, Fluoranthene, Indeno(1,2,3-c,d)pyrene, Phenanthrene and Pyrene,

e

“permit” means environmental permit,

f

“SIC code” means the UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007) published by the Office for National Statistics on 14th December 2007 and implemented on 1st January 2008 M62, and

g

the competent authority is the regulator.

Applications for the grant of an environmental permit3

The regulator must require that every application for the grant of an environmental permit includes the information specified in Article 7 of the Landfill Directive.

Inspection prior to operation4

The regulator must inspect every landfill site so as to comply with the requirements in Article 8(c) of the Landfill Directive.

Exercise of relevant functions5

1

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Landfill Directive—

a

Article 4;

b

Article 5(3) and (4);

c

Article 6;

d

Article 8, but not in respect of nuisances and hazards arising from traffic beyond the site of a landfill;

e

Article 9;

f

Article 10;

g

Article 11(1);

h

Article 12;

i

Article 13;

j

Article 14.

2

The regulator must exercise those relevant functions having regard to Article 1 of the Landfill Directive.

3

The regulator must exercise those relevant functions so as to ensure compliance with the requirements imposed F128... by the following provisions of the Decision—

a

Article 2;

b

Article 3;

c

Article 4.

4

The regulator may exercise those relevant functions so as to permit the storage of metallic mercury in accordance with F69Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury.

F705

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

point 2.3.1 is to be read as if, in addition to the criteria listed, it requires the satisfaction of the following criteria in relation to stable, non-reactive monolithic hazardous waste and non-hazardous waste which is to be landfilled in the same cell with such waste—

i

it meets either—

aa

the limit values for leaching set out in the table in point 2.3.1, or

bb

the limit values for leaching set out in the following table—

Component	Symbol	mg/m²
Arsenic	As	1.3
Barium	Ba	45
Cadmium	Cd	0.2
Total Chromium	Cr_total	5
Copper	Cu	45
Mercury	Hg	0.1
Molybdenum	Mo	7
Nickel	Ni	6
Lead	Pb	6
Antimony	Sb	0.3
Selenium	Se	0.4
Zinc	Zn	30
Chloride	Cl^-	10,000
Fluoride	F^-	60
Sulphate	SO₄^2-	10,000
Dissolved Organic Carbon	DOC	Must be evaluated

ii

it meets the additional criteria set out in the following table—

Parameter	Value
pH of the eluate from the monolith or crushed monolith	Must be evaluated
Electrical conductivity (µ S.cm-1m-2) of the eluate from the monolith or crushed monolith	Must be evaluated
Acid Neutralisation Capacity (ANC) of the crushed monolith	Must be evaluated

Component	Symbol	mg/m²¹
Arsenic	As	20
Barium	Ba	150
Cadmium	Cd	1
Total Chromium	Cr_total	25
Copper	Cu	60
Mercury	Hg	0.4
Molybdenum	Mo	20
Nickel	Ni	15
Lead	Pb	20
Antimony	Sb	2.5
Selenium	Se	5
Zinc	Zn	100
Chloride	Cl^-	20,000
Fluoride	F^-	200
Sulphate	SO₄^2-	20,000
Dissolved Organic Carbon	DOC	Must be evaluated
¹ The regulator may include conditions in an environmental permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) up to 3 times higher for specified wastes accepted in a landfill, taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.

Closure of a landfill10

1

The regulator must set out any reasoned decision under Article 13(a)(iii) of the Landfill Directive in a closure notice served on the operator.

2

A closure notice must, in addition to stating the regulator's reasons for requiring initiation of the closure procedure, specify—

a

the steps the operator is required to take to initiate the procedure, and

b

the period within which they must be taken.

3

The regulator may withdraw a closure notice at any time by further notice served on the operator.

4

Closure of a landfill does not relieve the operator of liability under the conditions of the environmental permit.

Surrender applications11

When determining an application for the surrender, in whole or in part, of an environmental permit, the regulator must exercise its functions so as to ensure the operator complies with the requirements in Article 13(d) of the Landfill Directive.

SCHEDULE 11Waste motor vehicles

Regulation 35(1)

Application1

This Schedule applies in relation to waste motor vehicles.

Interpretation2

1

In this Schedule—

“waste” means waste within the meaning of Article 3(1) of the Waste Framework DirectiveF131, as read with Articles 5 and 6 of that Directive;
“waste motor vehicle” means a motor vehicle that is waste.

F1322

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions3

1

The regulator must exercise its relevant functions so as to ensure compliance with Article 6(1) and (3) of the End-of-Life Vehicles Directive.

F1332

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12Waste electrical and electronic equipment

Regulation 35(1)

Application1

This Schedule applies in relation to WEEE which is within the scope of the WEEE Directive by virtue of Article 2 of that Directive.

InterpretationF1342

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions3

1

The regulator must exercise its relevant functions so as to ensure compliance with Articles 8(1) to (3) and 9(3) of the WEEE Directive.

F1352

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13Waste incineration: Industrial Emissions Directive

Regulation 35(1)

Application1

This Schedule applies in relation to—

a

every small waste incineration plant, and

b

every waste incineration plant or waste co-incineration plant,

to which Chapter IV of the Industrial Emissions Directive applies, except those which are operated as a domestic activity in connection with a private dwelling.

InterpretationF1362

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for the grant of an environmental permit3

The regulator must ensure that every application for the grant of an environmental permit includes the information specified in Article 44 of the Industrial Emissions Directive.

Exercise of relevant functions4

1

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Industrial Emissions Directive—

a

Article 5(1) and (3);

b

Article 7;

c

Article 8(2);

d

Article 9;

e

Article 42(1)

f

Article 43;

g

Article 45(1), (2) and (4);

h

Article 46;

i

Article 47;

j

Article 48(1) to (4);

k

Article 49;

l

Article 50;

F137m

Article 51;

n

Article 52;

o

Article 53;

p

Article 54;

q

Article 55;

r

Article 82(5) and (6).

F1382

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14Solvent emission activities

Regulation 35(1)

Application1

This Schedule applies in relation to every solvent emission activity, but it does not apply to installations used solely for research activities, development activities or the testing of new products or processes.

InterpretationF1392

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions3

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Industrial Emissions Directive—

a

Article 5(1) and (3);

b

Article 7;

c

Article 8(2);

d

Article 9;

e

Article 57;

f

Article 58;

g

Article 59 F140...;

h

Article 60;

i

Article 61;

j

Article 62;

k

Article 63;

l

Article 65;

m

Article 82(7), (8) and (9).

SCHEDULE 15Large combustion plants: Industrial Emissions Directive

Regulation 35(1)

Application1

This Schedule applies in relation to every large combustion plant.

Interpretation2

1

In this Schedule—

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“large combustion plant” means a combustion plant with a total rated thermal input of 50 or more megawatts to which Chapter III of the Industrial Emissions Directive applies.

F1412

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions3

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Industrial Emissions Directive—

a

Article 29;

b

Article 30(1) to (8)F142...;

c

Article 31(1) and (2);

d

Article 32(2) and (3);

e

Article 33 F143...;

f

Article 34(1) and (2);

g

Article 35(1);

h

Article 37;

i

Article 38;

j

Article 39;

k

Article 40.

Interruption in supply of fuel4

The regulator must—

a

immediately inform the appropriate authority of any derogation under Article 30(5) of the Industrial Emissions Directive;

b

immediately inform the appropriate authority if it considers that a derogation in accordance with Articles 30(6) or 37(2) of the Industrial Emissions Directive is or might be appropriate.

SCHEDULE 16Asbestos

Regulation 35(1)

Application1

This Schedule applies in relation to every regulated facility.

InterpretationF1442

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions3

1

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Asbestos Directive—

a

Article 3;

b

Article 4(1);

c

Article 5;

d

Article 6(1) and (2);

e

Article 8.

F1452

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 17Titanium dioxide: Industrial Emissions Directive

Regulation 35(1)

Application1

This Schedule applies in relation to every installation in which titanium dioxide is produced.

InterpretationF1462

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions3

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Industrial Emissions Directive—

a

Article 67;

b

Article 68;

c

Article 69;

d

Article 70.

SCHEDULE 18Petrol vapour recovery

Regulation 35(1)

PART 1PVR I

Application1

This Part applies in relation to every Part B activity falling within paragraphs (b) and (c) of Part B of Section 1.2 of Part 2 of Schedule 1.

Exercise of relevant functions2

1

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of PVR I—

a

Article 3(1), first paragraph;

b

Article 4(1), first and last paragraphs, and 4(3);

c

Article 6(1), first paragraph.

F1472

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2PVR II

Application1

This Part applies in relation to every Part B activity falling within paragraphs (d) to (f) of Part B of Section 1.2 of Part 2 of Schedule 1.

Exercise of relevant functions2

1

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of PVR II—

a

Article 3;

b

Article 4;

c

Article 5.

F1482

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 19Waste batteries and accumulators

Regulation 35(1)

Application1

This Schedule applies in relation to waste batteries and accumulators.

Exercise of relevant functions2

1

The regulator must exercise its relevant functions so as to ensure compliance with Article 12(2) of the Batteries Directive.

2

The regulator must exercise its relevant functions so as to ensure compliance with Article 3 of Regulation (EU) No 493/2012, and for the purposes of Article 3(4) of that Regulation the regulator is the competent authority.

3

In sub-paragraph (2), “Regulation (EU) No 493/2012” means Commission Regulation (EU) No 493/2012 laying down, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators M63.

SCHEDULE 20Mining waste operations

Regulation 35(1)

Application1

This Schedule applies in relation to every mining waste operation.

Interpretation2

1

In this Schedule—

“fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 M64 for the area in which the mining waste facility is located;
“mining waste facility” means a “waste facility” as defined in Article 3(15) of the Mining Waste Directive but excludes those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4) of that Directive;
“mining waste operation” means the management of extractive waste, whether or not involving a mining waste facility, but does not include the activities in Article 2(2)(c) of the Mining Waste Directive;
“waste management plan” means a plan of the type described in Article 5(1) of the Mining Waste Directive which has the objectives in Article 5(2) and contains the elements and information set out in Article 5(3) of that Directive.

F1492

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for grant or variation of an environmental permit3

1

The regulator must require that every application for the grant or variation of an environmental permit in relation to a mining waste operation involving a mining waste facility to which Article 7 of the Mining Waste Directive applies includes—

a

the information specified in Article 7(2) of that Directive, and

b

where Article 6 of the Directive applies, the information mentioned in the second sentence of the third paragraph of Article 6(3).

2

Where the regulator receives an application for the grant or variation of an environmental permit and that application includes the information required under sub-paragraph (1)(b), the regulator must immediately forward the information to the fire and rescue authority.

3

The regulator must require that every application for the grant or variation of an environmental permit in relation to any other mining waste operation includes a waste management plan.

4

For the purposes of this paragraph, the regulator may accept a waste management plan produced pursuant to other legislation which complies with Article 5(1) to (4) of the Mining Waste Directive if it has been reviewed and amended in accordance with Article 5(4) of that Directive.

Review of environmental permits4

The regulator must periodically review an environmental permit relating to a mining waste facility if Article 7 of the Mining Waste Directive applies in respect of that facility and any of the circumstances in Article 7(4) of the Directive apply in relation to it.

Classification of mining waste facilities5

The regulator must exercise its functions so as to ensure compliance with Article 9 of the Mining Waste Directive in respect of any mining waste facility to which Article 7 of that Directive does not apply.

Inspections6

The regulator must inspect every mining waste facility to which Article 7 of the Mining Waste Directive applies so as to comply with the requirements of Article 17(1) of that Directive F84and Commission Implementing Decision (EU) 2020/248 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC.

Exercise of relevant functions7

The regulator must exercise its relevant functions so as to ensure compliance with the following requirements of the Mining Waste Directive—

a

Article 2(4);

b

Article 4;

c

Article 5(4) and (6);

d

Article 6(2), the first and second paragraphs of Article 6(3), the first paragraph of Article 6(4) to the extent that it relates to plans prepared under the first paragraph of Article 6(3) and the second paragraph of Article 6(4) to the extent that it relates to the regulator's functions;

e

Article 7(1) and (3)(a);

f

Article 10;

g

Article 11;

h

Article 12;

i

Article 13;

j

Article 14(1) to (3);

k

Article 17(2);

l

Article 24(1).

Public participation8

The regulator must exercise its functions under the public participation provisions in relation to mining waste facilities to which Article 7 of the Mining Waste Directive applies so as to meet the requirements of Article 8 of that Directive.

Derogation from requirements9

1

The regulator must exercise its functions to ensure that the requirements mentioned in the first paragraph of Article 2(3) of the Mining Waste Directive do not apply to the substances mentioned in that paragraph where they result from an operation mentioned in that paragraph, to the extent allowed by that paragraph.

2

The regulator must waive the requirements of the Mining Waste Directive in relation to the deposit of the substances mentioned in the second paragraph of Article 2(3) of that Directive if the regulator is satisfied that the requirements of Article 4 of that Directive are met.

3

The regulator must waive the requirements mentioned in the third paragraph of Article 2(3) of the Mining Waste Directive in relation to the waste mentioned in that paragraph to the extent allowed by that paragraph.

Closure of a mining waste facility10

1

The regulator must set out any reasoned decision under Article 12(2)(c) of the Mining Waste Directive in a closure notice served on the operator.

2

A closure notice must, in addition to stating the regulator's reasons for requiring initiation of the closure procedure, specify—

a

the steps the operator is required to take to initiate the procedure, and

b

the period within which they must be taken.

3

The regulator may withdraw a closure notice at any time by further notice served on the operator.

4

Closure of a mining waste facility does not relieve the operator of liability under the environmental permit conditions that relate to the facility.

5

The regulator must exercise its functions so as to ensure compliance with Article 14(4) of the Mining Waste Directive.

Inventory of closed mining waste facilities11

The regulator must maintain and make available to the public an inventory of closed mining waste facilities so as to ensure compliance with Article 20 of the Mining Waste Directive.

Developments in best available techniques12

1

The regulator must ensure that it is informed of developments in best available techniques.

2

In this paragraph, “best available techniques” has the meaning given in Article 3(10) of the Industrial Emissions Directive.

Planning permission conditions13

1

Where—

a

a mining waste operation is the subject of an environmental permit,

b

that operation has been granted planning permission subject to conditions (“planning conditions”), and

c

there is an inconsistency between the environmental permit conditions and the planning conditions,

the environmental permit conditions prevail.

2

In this paragraph, “planning permission” means planning permission under the Town and Country Planning Act 1990 M65 and includes—

a

a certificate under section 191 of that Act M66, and

b

an established use certificate under section 192 of that Act M67, as originally enacted, which continues to have effect for the purposes of subsection (4) of that section.

Applications for grant or variation of an environmental permit for a Category A mining waste facility14

1

The regulator must not grant an application for the grant or variation of an environmental permit relating to a Category A mining waste facility until it has been notified by the fire and rescue authority that it has the information necessary to enable it to draw up an external emergency plan.

2

The regulator must refuse an application relating to a Category A mining waste facility that is an existing mining waste facility upon receipt of a notice by the fire and rescue authority stating that the operator has not provided the information necessary to enable the fire and rescue authority to draw up an external emergency plan.

3

In this paragraph, “external emergency plan” means a plan as required under the third paragraph of Article 6(3) of the Mining Waste Directive that has the objectives specified in the first paragraph of Article 6(4) of that Directive.

SCHEDULE 21Water discharge activities

Regulation 35(1)

Application1

This Schedule applies in relation to every water discharge activity.

Interpretation2

In this Schedule—

“discharging sewer” means the sewer or works from which sewage effluent is discharged;
“discharging undertaker” means the sewerage undertaker in which a discharging sewer is vested;
“main connection” has the same meaning as in section 110A of the Water Industry Act 1991 M68;
“pipe” has the same meaning as in the 1991 Act;
“sending undertaker” means a sewerage undertaker which discharges sewage effluent into the discharging sewer or other sewer or works vested in the discharging undertaker;
“waste” in the term “waste matter” includes—
1. a
  anything that is waste for the purposes of the Waste Framework Directive and is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;
2. b
  anything that is waste for the purposes of the Mining Waste Directive and is not excluded from the scope of that Directive by Article 2(2) of that Directive.

Meaning of “water discharge activity”3

1

A “water discharge activity” means any of the following—

a

the discharge or entry to inland freshwaters, coastal waters or relevant territorial waters of any—

i

poisonous, noxious or polluting matter,

ii

waste matter, or

iii

trade effluent or sewage effluent;

b

the discharge from land through a pipe into the sea outside the seaward limits of relevant territorial waters of any trade effluent or sewage effluent;

c

the removal from any part of the bottom, channel or bed of any inland freshwaters of a deposit accumulated by reason of any dam, weir or sluice holding back the waters, by causing it to be carried away in suspension in the waters, unless the activity is carried on in the exercise of a power conferred by or under any enactment relating to land drainage, flood prevention or navigation;

d

the cutting or uprooting of a substantial amount of vegetation in any inland freshwaters or so near to any such waters that it falls into them, where it is not reasonable to take steps to remove the vegetation from these waters;

e

an activity in respect of which a notice under paragraph 4 or 5 has been served and has taken effect.

2

A discharge or an activity that might lead to a discharge is not a “water discharge activity”—

a

if the discharge is made, or authorised to be made, by or under any prescribed statutory provision, or

b

if the discharge is of trade effluent or sewage effluent from a vessel.

3

In determining whether a discharge or an activity is a water discharge activity, no account must be taken of any radioactivity possessed by any substance or article or by any part of any premises.

Highway drains – notice requiring environmental permit4

1

This paragraph applies where—

a

a person is operating a highway drain, and

b

disproportionately costly measures to remove quantities of pollutants from, or otherwise control their percolation in, contaminated ground or subsoil.

4

The regulator must keep a record of all determinations under sub-paragraph (3).

Meaning of “hazardous substance”4

1

A hazardous substance is any substance or group of substances that are toxic, persistent and liable to bio-accumulate, or that give rise to an equivalent level of concern.

2

This includes in particular the following when they meet the criteria in sub-paragraph (1)—

a

organohalogen compounds and substances which may form such compounds in the aquatic environment;

b

organophosphorous compounds;

c

organotin compounds;

d

substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment;

e

hydrocarbons and organic substances;

f

cyanides;

g

metals (in particular, cadmium and mercury) and their compounds;

h

arsenic and its compounds;

i

biocides and plant protection products.

3

The regulator must publish a list of substances that it considers to be hazardous substances.

Meaning of “non-hazardous pollutant”5

A non-hazardous pollutant is any pollutant other than a hazardous substance.

Exercise of relevant functions6

For the F150purpose of the duties in regulation 3 of the WFD Regulations, the regulator must, in exercising its relevant functions, take all necessary measures—

a

to prevent the input of any hazardous substance to groundwater, and

b

to limit the input of non-hazardous pollutants to groundwater so as to ensure that such inputs do not cause pollution of groundwater.

interventions in surface waters for the purposes, amongst others, of mitigating the effects of floods and droughts, and for the management of waters and waterways;

i

the artificial recharge or augmentation of a body of groundwater for the purposes of groundwater management;

j

reinjection into the same aquifer of water used for geothermal purposes.

Prohibition notice9

1

This paragraph applies where—

a

any person is carrying on, or proposing to carry on, any activity on or in the ground, and

b

that activity might lead to a discharge mentioned in paragraph 3(1)(a), (b) or (c).

2

The regulator may serve a notice on the person prohibiting the carrying on of the activity.

3

The regulator may withdraw a prohibition notice at any time by further notice served on the person.

the regulator has served a notice on that person under paragraph 10 of this Schedule, and

b

the notice has taken effect.

Guidance12

1

The appropriate authority may issue guidance to persons causing or liable to cause inputs of pollutants to groundwater with respect to the steps they must take to prevent or limit those pollutants from entering groundwater.

2

The regulator must take into account whether or not such guidance is or is likely to be complied with before taking any enforcement action under these Regulations.

3

Guidance must be publicised as the appropriate authority sees fit.

the undertaker could not reasonably have been expected to prevent the discharge into the sewer or works.

6 SCHEDULE 23Radioactive substances activities

Regulation 35(1)

PART 1Application

Application1

This Schedule applies in relation to every radioactive substances activity.

PART 2Interpretation

Interpretation1

1

In this Schedule—

“article” includes a part of an article;
“Bq” means becquerels;
“contamination” occurs where a substance or article is so affected by—
1. a
  absorption, admixture or adhesion of radioactive material or radioactive waste, or
2. b
  the emission of neutrons or ionising radiation,
as to become radioactive or to possess increased radioactivity;
“disposal” in relation to waste includes its removal, deposit, destruction, discharge (whether into water or into the air or into a sewer or drain or otherwise) or burial (whether underground or otherwise) and “dispose of” is to be construed accordingly;
“m”, where it appears after a radionuclide, means a radionuclide in a metastable state of radioactive decay in which gamma photons are emitted;
“mobile radioactive apparatus” means any apparatus, equipment, appliance or other thing which is radioactive material and—
1. a
  is constructed or adapted for being transported from place to place, or
2. b
  is portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms;
“nuclear site” means—
1. a
  any site in respect of which a nuclear site licence is for the time being in force, or
2. b
  any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end,
and “licensee”, when used in relation to a nuclear site, and “period of responsibility” have the same meaning as in the Nuclear Installations Act 1965 M71;
“premises” includes any land, whether covered by buildings or not, including any place underground and any land covered by water;
“relevant liquid” means a liquid which—
1. a
  is non-aqueous, or
2. b
  is classified (or would be so classified in the absence of its radioactivity) under Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures M72 as having any of the following hazard classes and hazard categories (as defined in that Regulation)—
  1. i
    acute toxicity: categories 1, 2 or 3,
  2. ii
    skin corrosion/irritation: category 1 corrosive, sub-categories: 1A, 1B or 1C, or
  3. iii
    hazardous to the aquatic environment: acute category 1 or chronic categories 1 or 2;
“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;
“Table 1”, “Table 2”, “Table 3” mean the tables with those numbers in Part 3 of this Schedule;
“undertaking” includes any trade, business or profession and—
1. a
  in relation to a public or local authority, includes any of the powers or duties of that authority;
2. b
  in relation to any other body of persons (whether corporate or unincorporate), includes any of the activities of that body;
“waste” should be construed in accordance with paragraph 3(2).

2

In this Schedule, where any reference is made to a substance or article possessing a concentration or quantity of radioactivity which exceeds the value specified in a column in either of Tables 1 and 2, F25or any of Tables 4A, 5 or 7 in Part 6 of this Schedule, that value is exceeded if—

a

where only one radionuclide which is listed or described in the relevant table is present in the substance or article, the concentration or quantity of that radionuclide exceeds the concentration or quantity specified in the appropriate entry of that column in that table, or

b

where more than one radionuclide which is listed or described in the relevant table is present, the sum of the quotient values of all such radionuclides in the substance or article, as determined by the summation rule following the table (as it applies to that column), is greater than one,

and any reference to a concentration or quantity of radioactivity not exceeding such a value shall be construed accordingly.

Interpretation: NORM industrial activity2

1

Subject to sub-paragraph (2), in this Schedule—

“type 1 NORM industrial activity” means—
1. a
  the production and use of thorium, or thorium compounds, and the production of products where thorium is deliberately added, or
2. b
  the production and use of uranium or uranium compounds, and the production of products where uranium is deliberately added;
“type 2 NORM industrial activity” means—
1. a
  the extraction and production of rare earth elements and rare earth element alloys,
2. b
  the mining and processing of ores other than uranium ore,
3. c
  the production of oil and gas,
4. d
  the removal and management of radioactive scales and precipitates from equipment associated with industrial activities,
5. e
  any industrial activity utilising phosphate ore,
6. f
  the manufacture of titanium dioxide pigments,
7. g
  the extraction and refining of zircon and manufacture of zirconium compounds,
8. h
  the production of tin, copper, aluminium, zinc, lead and iron and steel,
9. i
  any activity related to coal mine de-watering plants,
10. j
  china clay extraction,
11. k
  water treatment associated with provision of drinking water, F26...
12. ka
  F27geothermal energy production, or
13. l
  the remediation of contamination from any type 1 NORM industrial activity or any of the activities listed above.

2

An activity which involves the processing of radionuclides of natural terrestrial or cosmic origin for their radioactive, fissile or fertile properties is not a type 1 NORM industrial activity or a type 2 NORM industrial activity.

Interpretation: “radioactive material”, “radioactive waste” and “waste”3

1

In this Schedule, except as provided by paragraph 7, 8, 9F28, 9A or 10—

“radioactive material” means a substance or article which is not waste, and which satisfies the requirements of paragraph 4, 5 or 6 as they apply to such a substance or article;
“radioactive waste” means a substance or article which is waste, and which satisfies the requirements of paragraph 4, 5 or 6.

2

In this Schedule—

a

“waste” includes—

i

any substance which constitutes scrap material or an effluent or other unwanted surplus substance arising from the application of any process, and

ii

any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoilt, and

b

any substance or article which, in the course of carrying on any undertaking, is discharged, discarded or otherwise dealt with as if it were waste is presumed to be waste unless the contrary is proved.

For the purposes of paragraphs 4, 5 and 6, a substance or article is to be treated as having a concentration of radioactivity which exceeds the value referred to in paragraph 4(2), 5(c)(i) or 6(a), if a person has diluted the substance or article with the intention of ensuring that its concentration of radioactivity does not exceed that value.

Radionuclides with a short half-life7

A substance or article is not radioactive material or radioactive waste where none of the radionuclides which it contains or which it consists of has a half-life exceeding 100 seconds.

Radionuclides not of natural terrestrial or cosmic origin in background radioactivity8

1

A substance or article is not radioactive material or radioactive waste where—

a

the substance or article is contaminated as a result of a climatic process, or a combination of such processes, by radionuclides which—

i

are not of natural terrestrial or cosmic origin, and

ii

are not present in the substance or article at a concentration that exceeds that found normally in such a substance or article in the United Kingdom, and

b

in the absence of such contamination, the substance or article would not otherwise be radioactive material or radioactive waste under this Schedule.

2

In this paragraph, a “climatic process” includes wind, precipitation and the general circulation of the atmosphere and oceans.

Contaminated substances or articles9

1

Subject to sub-paragraph (2), a substance or article is not radioactive material where—

a

the substance or article is contaminated, but has not been so contaminated with the intention of utilising its radioactive, fissile or fertile properties, and

b

in the absence of such contamination, the substance or article would not otherwise be radioactive material under this Schedule.

2

Sub-paragraph (1) only applies while the substance or article is kept on the premises on which the contamination occurred.

F17Historic radium contamination9A

A substance or article is not radioactive material or radioactive waste where the substance or article arises from the remediation of land contaminated by radium and—

a

the substance or article contains Ra-226 or its progeny;

b

in the absence of Ra-226 or its progeny, the substance or article would not otherwise be radioactive material or radioactive waste under this Schedule;

c

the contamination occurred prior to 13th May 2000; and

d

the concentration of Ra-226 or any of its progeny does not exceed the following values—

i

for a substance or article which is a solid or a substance which is a relevant liquid, 1 Bq/g;

ii

for a substance which is any other liquid, 1 Bq/1; or

iii

for a substance which is a gas, 0.01 Bq/m³.

b

to enable the use of any premises,

as a place that may be used wholly or substantially for underground disposal.

7

In sub-paragraph (6)—

“intrusive investigation work” means the drilling of boreholes into, or excavation of, sub-soil or rock to determine geological or hydrogeological conditions;
“underground disposal” means—
1. a
  the disposal of solid radioactive waste in an engineered facility, or in part of an engineered facility, which is beneath the surface of the ground, and
2. b
  where the natural environment which surrounds the facility acts, in combination with any engineered measures, to inhibit the transit of radionuclides from the facility to the surface,
and does not include the disposal of radioactive waste in a facility which is beneath the surface of the ground only by virtue of the placing of rocks or soil above it.

Discharge of functions: mobile radioactive apparatus12

1

In the case of an activity described in paragraph 11(5), if the principal place where the apparatus mentioned in that sub-paragraph is kept when not in use is in England or Wales, functions in relation to the activity are exercisable by the appropriate agency in whose area the principal place of keeping is.

2

But sub-paragraph (1) does not apply to functions under regulations 36, 37, 38 and 42 (which are exercisable in relation to the activity in accordance with regulation 32(1)).

Nuclear sites13

1

Paragraph 11(2)(a) does not apply to the activity carried on by a licensee of a nuclear site on any premises situated on that site at any time—

a

while a nuclear site licence is in force in respect of that site, and

b

after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end.

2

In respect of any premises which—

a

are situated on a nuclear site, but

b

have ceased to be used for the purposes of an undertaking carried on by the licensee,

paragraph 11(2)(b) applies to those premises as if the premises were used for the purposes of an undertaking carried on by the licensee.

3

Paragraph 11(2)(c) does not apply to the accumulation of radioactive waste on any premises situated on a nuclear site.

Vehicles, vessels and aircraft14

In determining whether any radioactive material is kept or used on any premises, no account must be taken of any radioactive material kept or used in or on any railway vehicle, road vehicle, vessel or aircraft if—

a

the vehicle, vessel or aircraft is on the premises in the course of a journey, or

b

in the case of a vessel which is on those premises otherwise than in the normal course of a journey, the material is used in propelling the vessel or is kept in or on the vessel for use in propelling it.

PART 3Tables of radionuclides and summation rules

Table 11

1

The Table 1 referred to in paragraph 4 of Part 2 (NORM industrial activities) is—

Table 1Concentration of radionuclides: NORM industrial activities

Radionuclide	Solid or relevant liquid concentration in becquerels per gram (Bq/g)	Any other liquid concentration in becquerels per litre (Bq/l)	Gaseous concentration in becquerels per cubic metre (Bq/m³)
U-238sec M73	F291	0.1	0.001
U-238+	5	10	0.01
U-234	5	10	0.01
Th-230	10	10	0.001
Ra-226+	F291	1	0.01
Pb-210+	5	0.1	0.01
Po-210	5	0.1	0.01
U-235sec	1	0.1	0.0001
U-235+	5	10	0.01
Pa-231	5	1	0.001
Ac-227+	1	0.1	0.001
Th-232sec	F291	0.1	0.001
Th-232	5	10	0.001
Ra-228+	1	0.1	0.01
Th-228+	F291	1	0.001

2

The Table 1 summation rule in respect of column 2, 3 or 4 means the sum of the quotients A/B where—

a

“A” means the concentration of each radionuclide listed in column 1 of Table 1 that is present in the substance or article, and

b

“B” means the concentration of that radionuclide specified in column 2, 3 or 4 (as appropriate) of Table 1.

Table 22

1

The Table 2 referred to in paragraph 5 of Part 2 (processed radionuclides of natural terrestrial or cosmic origin) and paragraph 6 of that Part (radionuclides not of natural terrestrial or cosmic origin) is—

Table 2Concentration of radionuclides

F30Radionuclide	Concentration in becquerels per gram (Bq/g)
H-3	10²
Be-7	10
C-14	10
F-18	10
Na-22	0.1
Na-24	1
Si-31	10³
P-32	10³
P-33	10³
S-35	10²
Cl-36	1
Cl-38	10
K-42	10²
K-43	10
Ca-45	10²
Ca-47	10
Sc-46	0.1
Sc-47	10²
Sc-48	1
V-48	1
Cr-51	10²
Mn-51	10
Mn-52	1
Mn-52m	10
Mn-53	10²
Mn-54	0.1
Mn-56	10
Fe-52+	10
Fe-55	10³
Fe-59	1
Co-55	10
Co-56	0.1
Co-57	1
Co-58	1
Co-58m	10⁴
Co-60	0.1
Co-60m	10³
Co-61	10²
Co-62m	10
Ni-59	10²
Ni-63	10²
Ni-65	10
Cu-64	10²
Zn-65	0.1
Zn-69	10³
Zn-69m+	10
Ga-72	10
Ge-71	10⁴
As-73	10³
As-74	10
As-76	10
As-77	10³
Se-75	1
Br-82	1
Rb-86	10²
Sr-85	1
Sr-85m	10²
Sr-87m	10²
Sr-89	10³
Sr-90+	1
Sr-91+	10
Sr-92	10
Y-90	10³
Y-91	10²
Y-91m	10²
Y-92	10²
Y-93	10²
Zr-93	10
Zr-95+	1
Zr-97+	10
Nb-93m	10
Nb-94	0.1
Nb-95	1
Nb-97+	10
Nb-98	10
Mo-90	10
Mo-93	10
Mo-99+	10
Mo-101+	10
Tc-96	1
Tc-96m	10³
Tc-97	10
Tc-97m	10²
Tc-99	1
Tc-99m	10²
Ru-97	10
Ru-103+	1
Ru-105+	10
Ru-106+	0.1
Rh-103m	10⁴
Rh-105	10²
Pd-103+	10³
Pd-109+	10²
Ag-105	1
Ag-108m+	0.1
Ag-110m+	0.1
Ag-111	10²
Cd-109+	1
Cd-115+	10
Cd-115m+	10²
In-111	10
In-113m	10²
In-114m+	10
In-115m	10²
Sn-113+	1
Sn-125	10
Sb-122	10
Sb-124	1
Sb-125+	0.1
Te-123m	1
Te-125m	10³
Te-127	10³
Te-127m+	10
Te-129	10²
Te-129m+	10
Te-131	10²
Te-131m+	10
Te-132+	1
Te-133+	1
Te-133m+	1
Te-134	10
I-123	10²
I-125	10²
I-126	10
I-129	0.01
I-130	10
I-131+	1
I-132	10
I-133	10
I-134	10
I-135	10
Cs-129	10
Cs-131	10³
Cs-132	10
Cs-134	0.1
Cs-134m	10³
Cs-135	10²
Cs-136	1
Cs-137+	1
Cs-138	10
Ba-131	10
Ba-140	1
La-140	1
Ce-139	1
Ce-141	10²
Ce-143	10
Ce-144+	10
Pr-142	10²
Pr-143	10³
Nd-147	10²
Nd-149	10²
Pm-147	10³
Pm-149	10³
Sm-151	10³
Sm-153	10²
Eu-152	0.1
Eu-152m	10²
Eu-154	0.1
Eu-155	1
Gd-153	10
Gd-159	10²
Tb-160	1
Dy-165	10³
Dy-166	10²
Ho-166	10²
Er-169	10³
Er-171	10²
Tm-170	10²
Tm-171	10³
Yb-175	10²
Lu-177	10²
Hf-181	1
Ta-182	0.1
W-181	10
W-185	10³
W-187	10
Re-186	10³
Re-188	10²
Os-185	1
Os-191	10²
Os-191m	10³
Os-193	10²
Ir-190	1
Ir-192	1
Ir-194	10²
Pt-191	10
Pt-193m	10³
Pt-197	10³
Pt-197m	10²
Au-198	10
Au-199	10²
Hg-197	10²
Hg-197m	10²
Hg-203	10
Tl-200	10
Tl-201	10²
Tl-202	10
Tl-204	1
Pb-203	10
Pb-210+	0.01
Pb-212+	1
Bi-206	1
Bi-207	0.1
Bi-210	10
Bi-212+	1
Po-203	10
Po-205	10
Po-207	10
Po-210	0.01
At-211	10³
Ra-223+	1
Ra-224+	1
Ra-225	10
Ra-226+	0.01
Ra-227	10²
Ra-228+	0.01
Ac-227+	0.01
Ac-228	1
Th-226+	10²
Th-227	1
Th-228+	0.1
Th-229+	0.1
Th-230	0.1
Th-231	10²
Th-232	0.01
Th-232+	0.01
Th-232sec	0.01
Th-234+	10
Pa-230	10
Pa-231	0.01
Pa-233	10
U-230+	1
U-231	10²
U-232+	0.1
U-233	1
U-234	1
U-235+	1
U-235sec	0.01
U-236	10
U-237	10²
U-238+	1
U-238sec	0.01
U-239	10²
U-240+	10²
Np-237+	1
Np-239	10²
Np-240	10
Pu-234	10²
Pu-235	10²
Pu-236	1
Pu-237	10²
Pu-238	0.1
Pu-239	0.1
Pu-240	0.1
Pu-241	10
Pu-242	0.1
Pu-243	10³
Pu-244+	0.1
Am-241	0.1
Am-242	10³
Am-242m+	0.1
Am-243+	0.1
Cm-242	10
Cm-243	1
Cm-244	1
Cm-245	0.1
Cm-246	0.1
Cm-247+	0.1
Cm-248	0.1
Bk-249	10²
Cf-246	10³
Cf-248	1
Cf-249	0.1
Cf-250	1
Cf-251	0.1
Cf-252	1
Cf-253	10²
Cf-253+	1
Cf-254	1
Es-253	10²
Es-254+	0.1
Es-254m+	10
Fm-254	10⁴
Fm-255	10²
	0.01
Any other solid or relevant liquid radionuclide that is not of natural terrestrial or cosmic origin	or that concentration which gives rise to a dose to a member of the public of 10 microsieverts per year calculated by reference to the International Atomic Energy Agency publication “Application of the Concepts of Exclusion, Exemption and Clearance”, IAEA Safety Standards Series No. RS-G-1.7.

2

The Table 2 column 2 summation rule means the sum of the quotients A/B where—

a

“A” means the concentration of each radionuclide listed in column 1 of Table 2 that is present in the substance or article, and

b

“B” means the concentration of that radionuclide specified in column 2 of Table 2.

References in Table 1 and Table 2 to + and sec3

Where any radionuclide carries the suffix “+” or “sec” in Table 1 or Table 2—

a

that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 3 in respect of that parent radionuclide, and

b

a concentration value given in a table in this Part in respect of such a parent radionuclide is the value for the parent radionuclide alone, but already takes into account the daughter radionuclides present.

Table 34

The Table 3 referred to in paragraph 3 is—

Table 3Radionuclides in secular equilibrium

Parent radionuclide	Daughter radionuclides
Fe-52+	Mn-52m
Zn-69m+	Zn-69
Sr-90+	Y-90
Sr-91+	Y-91m
Zr-95+	Nb-95m
Zr-97+	Nb-97m, Nb-97
Nb-97+	Nb-97m
Mo-99+	Tc-99m
Mo-101+	Tc-101
Ru-103+	Rh-103m
Ru-105+	Rh-105m
Ru-106+	Rh-106
Pd-103+	Rh-103m
Pd-109+	Ag-109m
Ag-108m+	Ag-108
Ag-110m+	Ag-110
Cd-109+	Ag-109m
Cd-115+	In-115m
Cd-115m+	In-115m
In-114m+	In-114
Sn-113+	In-113m
Sb-125+	Te-125m
Te-127m+	Te-127
Te-129m+	Te-129
Te-131m+	Te-131
Te-132+	I-132
Te-133+	I-133, Xe-133m, Xe-133
Te-133m+	Te-133, I-133, Xe-133m, Xe-133
I-131+	Xe-131m
Cs-137+	Ba-137m
Ce-144+	Pr-144, Pr-144m
Pb-210+	Bi-210, Po-210
Pb-212+	Bi-212, Tl-208
Bi-212+	Tl-208
Ra-223+	Rn-219, Po-215, Pb-211, Bi-211, Tl-207
Ra-224+	Rn-220, Po-216, Pb-212, Bi-212, Tl-208
Ra-226+	Rn-222, Po-218, Pb-214, Bi-214, Po-214
Ra-228+	Ac-228
Ac-227+	Th-227, Fr-223, Ra-223, Rn-219, Po-215, Pb-211, Bi-211, Tl-207, Po-211
Th-226+	Ra-222, Rn-218, Po-214
Th-228+	Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208
Th-229+	Ra-225, Ac-225, Fr-221, At-217, Bi-213, Tl-209, Pb-209
Th-232+	Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208
Th-232sec	Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Po-212, Tl-208
Th-234+	Pa-234m, Pa-234
U-230+	Th-226, Ra-222, Rn-218, Po-214
U-232+	Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208
U-235+	Th-231
U-235sec	Th-231, Pa-231, Ac-227, Th-227, Fr-223, Ra-223, Rn-219, Po-215, Pb-211, Bi-211, Tl-207, Po-211
U-238+	Th-234, Pa-234m, Pa-234
U-238sec	Th-234, Pa-234m, Pa-234, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
U-240+	Np-240m, Np-240
Np-237+	Pa-233
Pu-244+	U-240, Np-240m, Np-240
Am-242m+	Np-238
Am-243+	Np-239
Cm-247+	Pu-243
Cf-253+	Cm-249
Es-254+	Bk-250
Es-254m+	Fm-254

PART 4The Basic Safety Standards Directive

SECTION 1Exposures and doses

Optimisation and dose limits1

In respect of a radioactive substances activity that relates to radioactive waste, the regulator must exercise its relevant functions to ensure that—

a

all exposures to ionising radiation of any member of the public and of the population as a whole resulting from the disposal of radioactive waste are kept as low as reasonably achievable, taking into account economic and social factors, and

b

the sum of the doses resulting from the exposure of any member of the public to ionising radiation does not exceed the dose limits set out in F31Article 12 of the Basic Safety Standards Directive subject to the exclusions set out in F33Article 5(c) of that Directive.

the person providing such facilities, unless the arrangements made by the Secretary of State with that person provide to the contrary.

“owner” has the same meaning as in section 343 of the Public Health Act 1936 M74, and

b

the provisions of section 294 of that Act M75 (which limits the liability of owners who are only agents or trustees) apply but as if reference in that section to a council recovering expenses under that Act were to the regulator recovering expenses under sub-paragraph (2).

F15SECTION 3Miscellaneous duties of the regulator

Annotations:

Amendments (Textual)

F15

Sch. 23 Pt. 4 Section 3 inserted (2.5.2018) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/428), reg. 1, Sch. para. 13

Inspection programmes5

When establishing an inspection programme for the purposes of regulation 34(2) (periodic inspections of regulated facilities) in relation to radioactive substance activities, the regulator must take into account the potential magnitude and nature of the hazard associated with such activities, a general assessment of radiation protection issues in the activities, and the state of compliance with the requirements of these Regulations.

Inspection findings6

Where a regulator makes an inspection of a regulated facility that is a radioactive substances activity, the regulator must—

a

record the findings of that inspection; and

b

communicate those findings to the operator of the regulated facility.

Radioactive waste: requirements to be imposed on permit holders7

1

The regulator must require a person who holds an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) (disposing of waste) or (c) (accumulating waste) of Part 2 of this Schedule to—

a

achieve and maintain an optimal level of protection of members of the public;

b

accept into service adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

c

check the effectiveness and maintenance of equipment as referred to in paragraph (b) and ensure the regular calibration of measuring instruments; and

d

seek advice from a radioactive waste adviser in the performance of the tasks referred to in paragraphs (a), (b) and (c).

F751A

Paragraph (1)(d) does not apply in relation to waste that is a sealed source.

F762

In this paragraph—

“radioactive waste adviser” means an individual, or group of individuals, with the knowledge, training and experience needed to give radioactive waste management and environmental radiation protection advice in relation to radioactive waste in order to ensure the effective protection of members of the public, and whose competence in that respect is recognised by the regulator;
“sealed source” has the same meaning as in the Basic Safety Standards Directive.

Dilution of radioactive material and radioactive waste8

In exercising its relevant functions in relation to a radioactive substances activity, the regulator must observe the requirements of Article 30(4) of the Basic Safety Standards Directive.

Monitoring of discharges9

1

This paragraph applies where the regulator is exercising relevant functions in relation to a radioactive substances activity where there are radioactive discharges authorised by an environmental permit.

2

The regulator must impose appropriate environmental permit conditions concerning—

a

the monitoring, or the evaluation, of radioactive airborne or aqueous discharges into the environment; and

b

the reporting to the regulator of the results of such monitoring or evaluation.

3

For the purposes of sub-paragraph (2), where the regulator is exercising relevant functions in relation to a nuclear power station or nuclear reprocessing plant, the environmental permit conditions imposed must require the monitoring of radioactive discharges and reporting to the regulator of such information on radioactive discharges as the appropriate authority directs.

PART 5F18The control of high-activity and other sources

Annotations:

Amendments (Textual)

F18

Sch. 23 Pt. 5 heading substituted (2.5.2018) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/428), reg. 1, Sch. para. 15

SECTION 1Security of sources

Interpretation1

In this Part—

“high-activity or similar source” means—
1. a
  a high-activity source, or
2. b
  such other sealed source which, in the opinion of the regulator, is of a similar level of potential hazard to a high-activity source;
F35“ high-activity source” means a sealed source for which the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Annex III of the Basic Safety Standards Directive;
“orphan source” has the same meaning as in the F36Basic Safety Standards Directive;
“sealed source” has the same meaning as in the F36Basic Safety Standards Directive.

Site security: inspection2

1

In exercising relevant functions in relation to a radioactive substances activity, the regulator must comply with sub-paragraph (3) where a high-activity or similar source is, or will be, kept, used, disposed of or accumulated on any premises.

2

Sub-paragraph (1) does not apply where the premises are, or are part of, a nuclear site.

3

In considering if the measures taken, or to be taken, by the operator ensure the adequate security of any premises, the regulator must where appropriate inspect those premises.

4

Where the regulator inspects any premises under sub-paragraph (3), it may be accompanied by such other persons as are appropriate to assist it in assessing the measures.

5

An operator must permit the regulator (and any person accompanying it) reasonable access to any premises the regulator wishes to inspect under sub-paragraph (3).

6

If the operator fails to comply with sub-paragraph (5), the regulator may refuse the application or revoke the permit insofar as it relates to the sources referred to in sub-paragraph (1).

Site security: security measures and advice3

SECTION 3Exercise of relevant functions and matters in relation to F37... sources

Annotations:

Amendments (Textual)

F37

Word in Sch. 23 Pt. 5 Section 3 heading omitted (2.5.2018) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/428), reg. 1, Sch. para. 17

GeneralF195

In exercising relevant functions in relation to a radioactive substances activity, the regulator must comply with Articles 85 to 89 and 91 of the Basic Safety Standards Directive.

Records and inspectionsF206

In relation to a high-activity source, the regulator must keep records of those matters—

a

required by Article 90 of the Basic Safety Standards Directive, and

b

notified to it under Article 91(1) of that Directive.

Training and informationF57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees) apply but as if reference in that section to a council recovering expenses under that Act were to the regulator recovering expenses under sub-paragraph (2).

PART 6Radioactive substances activity exemptions

SECTION 1General

Interpretation1

In this Part—

“Ba-137m eluting source” means a source which consists of Cs-137 in a sealed container which is designed and constructed to allow the elution of Ba-137m, and which is radioactive material or radioactive waste solely because of that Cs-137;
“Class A gaseous tritium light device” means a gaseous tritium light device where the activity of the device does not exceed 2 x 10¹⁰ Bq of tritium;
“Class B gaseous tritium light device” means a gaseous tritium light device which is installed or intended to be installed on premises and where the activity—
1. a
  in each sealed container in the device does not exceed 8 x 10¹⁰ Bq of tritium, and
2. b
  of the device does not exceed 1 x 10¹² Bq of tritium;
“Class C gaseous tritium light device” means a gaseous tritium light device installed or intended to be installed—
1. a
  in a vessel or aircraft, or
2. b
  in a vehicle or other equipment used or intended to be used by the armed forces of the Crown;
“disposal permit” means—
1. a
  an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule, or
2. b
  an authorisation under the 1993 Act to dispose of radioactive waste held in respect of premises situated in Northern Ireland or Scotland;
“electrodeposited source” means an article where radionuclides are electrodeposited onto a metal substrate and which is radioactive material or radioactive waste solely because it contains Ni-63 or Fe-55;
“gaseous tritium light device” means a sealed source in a device which is an illuminant, instrument, sign or indicator which—
1. a
  incorporates tritium in one or more sealed containers constructed to prevent dispersion of that tritium in normal use, and
2. b
  is radioactive material solely because it contains that tritium;
F39“high-activity or similar source” means—
1. a
  a high-activity source, or
2. b
  such other sealed source which, in the opinion of the regulator, is of a similar level of potential hazard to a high-activity source;
“high-activity source” means a sealed source for which the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Annex III of the Basic Safety Standards Directive;
“luminised article” means an article which is made wholly or partly from a luminescent substance in the form of a film or a paint and which—
1. a
  is radioactive material or radioactive waste solely because it contains Pm-147 or H-3, and
2. b
  is not a sealed source;
“management”, in respect of waste, means—
1. a
  the preparation by checking, cleaning or repairing that waste for its re-use without further processing,
2. b
  the recovery of that waste,
3. c
  the disposal of that waste, or
4. d
  the application of any treatment process to that waste which is preparatory to the recovery or disposal of it,
and cognate expressions shall be construed accordingly;
“relevant river” means a river or a part of a river which—
1. a
  is not a part of the sea, and
2. b
  at the place and time of any disposal into it of aqueous radioactive waste from a sewage disposal works or directly from premises, has a flow-rate which is not less than 1m³s^-1;
“relevant sewer” means—
1. a
  a public sewer, or
2. b
  a disposal main which leads to a sewage disposal works that—
  1. i
    has the capacity to handle a minimum of 100m³ of effluent per day, and
  2. ii
    discharges treated effluent only to the sea or to a relevant river,
and “public sewer”, “disposal main”, “sewage disposal works” and “effluent” have the same meaning as in the Water Industry Act 1991 M76;
“relevant standard conditions” has the meaning given in paragraph 10;
“sea” includes any area submerged at mean high water springs and also includes, so far as the tide flows at mean high water springs, an estuary or arm of the sea and the waters of any channel, creek, bay or river;
F40“sealed source” has the same meaning as in the Basic Safety Standards Directive, excluding such a source where it is an electrodeposited source or a tritium foil source;
“stored in transit” means the storage in the course of transit of radioactive material or radioactive waste but does not include any storage of such material or waste where it is removed from its container;
“Table 4”, F41“Table 4A”, “Table 5”, “Table 6”, “Table 7” or “Table 8” means the table with that number in this Part;
“a tritium foil source” means an article which—
1. a
  has a mechanically tough surface into which tritium is incorporated, and
2. b
  is radioactive material or radioactive waste solely because of that tritium;
“uranium or thorium compound” means a substance or article which is radioactive material or radioactive waste solely because it is or contains metallic uranium or thorium or prepared compounds of uranium or thorium, and in respect of which metal or compound the proportion of—
1. a
  U-235 in the uranium it contains is no more than 0.72% by mass, and
2. b
  any isotope of thorium it contains is present in the isotopic proportions found in nature;
“waste permitted person” means, in relation to the radioactive waste where the term appears, a person who holds—
1. a
  an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) or (c) of Part 2 of this Schedule, or
2. b
  in respect of premises in Scotland or Northern Ireland, an authorisation under section 13 or 14 of the 1993 Act;
“week” means any period of 7 consecutive days;
“year” means a calendar year.

Interpretation: NORMF212

1

In this Part “NORM waste” means a substance or article which—

a

is solid radioactive waste under—

i

paragraph 4 of Part 2 of this Schedule (NORM industrial activities); or

ii

paragraph 5 of that Part (processed radionuclides of natural terrestrial or cosmic origin) where the waste arises from the remediation of land contaminated by radium and the contamination occurred prior to 13 May 2000;

b

contains one or more of the radionuclides which are listed in column 1 of Table 4A;

c

has a concentration of radioactivity that does not exceed the value specified in column 5 of Table 4A in respect of that radionuclide; and

d

is not waste to which sub-paragraph (3) applies.

2

In this Part—

“type 1 NORM waste” means NORM waste which—
1. a
  has a concentration of radioactivity that does not exceed the value specified in column 2 of Table 4A; and
2. b
  is not waste to which sub-paragraph (4) applies;
“type 2 NORM waste” means NORM waste which has a concentration of radioactivity that exceeds the value specified in column 2 of Table 4A.

3

This sub-paragraph applies to waste where, prior to the disposal of that waste, a person has diluted it with the intention of ensuring that the concentration of radioactivity does not exceed the value specified in column 5 of Table 4A.

4 SECTION 2Exemption for keeping and using radioactive material and accumulating radioactive waste

Exemption for keeping and using radioactive material3

1

A person (“A”) is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(a) of Part 2 of this Schedule in respect of—

a

subject to sub-paragraph (2), the radioactive material described in paragraph 5, where A complies with the relevant standard conditions and—

i

in respect of radioactive material described in paragraph 5(1)(a), the condition in paragraph 6(1), and

ii

in respect of radioactive material described in paragraph 5(1)(b), the condition in paragraph 6(2), or

b

radioactive material stored in transit.

2

A is not exempt from the requirement for an environmental permit under sub-paragraph (1)(a) in respect of a high activity source where A takes possession of it.

immediately before it became radioactive waste, was radioactive material in the form of a sealed source, an electrodeposited source or a tritium foil source (as appropriate), and

c

comply with the relevant standard conditions.

SECTION 4Relevant standard conditions

Interpretation of this Section9

In this Section, “radioactive substances” means radioactive material, mobile radioactive apparatus and radioactive waste, and “exempt radioactive substances” means radioactive substances in respect of which an exemption in Section 2 or 3 of this Part applies.

prevent any uncontrolled or unintended release of radioactive material or radioactive waste from the container.

Loss or theft conditions12

1

Subject to sub-paragraph (2), in the event of an incident of loss or theft (or suspected loss or theft) of exempt radioactive substances (except mobile radioactive apparatus) from the premises where they are held, a person to whom the condition in this paragraph applies must—

a

notify the incident to the regulator as soon as reasonably practicable, and

b

include in that notification the details of any other incidents of loss or theft (or suspected loss or theft) of any radioactive substances from those premises over the 12 months preceding the incident being notified.

2

In respect of an incident described in sub-paragraph (1), a notification to the regulator is not required where in respect of the aggregated total amount of exempt radioactive substances (excluding mobile radioactive apparatus) lost or stolen (or suspected to have been lost or stolen) from the premises in the incident and in all other such incidents in the 12 months preceding it, the total quantity of radioactivity does not exceed the value that is ten times the value in column 2 of Table 5.

A person (“B”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of solid radioactive waste described in paragraph 16(1) where—

a

in respect of a sealed source, an electrodeposited source or a tritium foil source, B complies with the conditions in paragraph 17(2), and

b

in respect of any other waste described in paragraph 16(1)(a), B complies with the conditions in paragraph 17(1) and (2).

Solid radioactive waste16

1

Solid radioactive waste referred to in paragraph 15 means—

F51a

subject to sub-paragraph (2)—

i

solid radioactive waste described in an entry in column 1 of Table 6 which does not contain a concentration of radionuclides that exceeds the value specified in column 2 of that table in respect of that kind of waste, or

ii

a broken or damaged individual sealed source of the type described in the fourth entry in Table 6 (individual sealed sources which are solely radioactive waste because they contain tritium), which would not have exceeded the value specified in column 2 when the source was intact, or

b

a sealed source, an electrodeposited source or a tritium foil source which is not described in paragraph (a).

2

Sub-paragraph (1)(a) does not apply to waste—

a

where, prior to the disposal of that waste, a person has diluted it with the intention of ensuring that sub-paragraph (1)(a) is met, or

b

which is NORM wasteF52....

1

Subject to sub-paragraph (2), a person (“A”) is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule in respect of aqueous radioactive waste described in sub-paragraph (3) where A disposes of that waste in accordance with the conditions in paragraph 22(1).

2

A is not exempt under sub-paragraph (1) in respect of premises, where A holds an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule for the disposal of aqueous radioactive waste on or from those premises.

3

Subject to sub-paragraph (4), the waste referred to in sub-paragraph (1) is aqueous radioactive waste—

a

which is not described in an entry in column 1 of Table 6, and

b

with a total concentration of radioactivity which does not exceed 100 Bq/ml.

4

Sub-paragraph (3) does not apply to aqueous radioactive waste—

a

which a person has diluted with the intention that—

i

the waste has a concentration of radioactivity which is below the value in sub-paragraph (3)(b), or

ii

the condition in paragraph 22(3)(a) or (4)(b) is complied with in respect of that waste, or

b

where the person who generated that waste did not minimise the quantity of radionuclides generated as waste to the extent reasonably practicable.

1 x 10⁶ Bq for the sum of all other radionuclides.

6

The value referred to in sub-paragraph (4)(b) is the value specified in column 3 of Table 7.

7

In this paragraph, “aqueous non-Table 6 waste” means aqueous radioactive waste which is not described in an entry in column 1 of Table 6.

SECTION 8Exemption for disposal of gaseous radioactive waste

Exemption for disposal of gaseous radioactive waste23

1

a

the only radionuclide contained in that waste is Kr-85 and A—

i

ensures that in respect of the total amount of such waste which is disposed of from the premises in a year, the total quantity of radioactivity does not exceed 10¹¹ Bq, and

prevent the entry or, where sub-paragraph (i) applies, the re-entry, of relevant gaseous waste into a building, and

b

allow the regulator access to such records or such premises as the regulator may request in order to determine that all of the conditions that apply to A in respect of the relevant exemption in that paragraph are complied with.

2

In this paragraph “relevant gaseous waste” means waste which is described in paragraph 23(1) and disposed of under the exemption in that paragraph.

SECTION 9Tables and summation rules in this Part

Table 425

The Table 4 referred to in Sections 2 and 3 of this Part—

Table 4Radioactive material and accumulated radioactive waste: values of maximum quantities

Substance or article	Maximum quantity of radionuclides for each substance or article	Maximum quantity of radionuclides:
		(a) on any premises in items which satisfy the limit in column 2, or
		(b) in mobile radioactive apparatus held by a person
A sealed source of a type not described in any other row of this Table	4 x 10⁶Bq	2 x 10⁸ Bq
A Class A gaseous tritium light device	2 x 10¹⁰ Bq	5 x 10¹² Bq
A Class B gaseous tritium light device	1 x 10¹² Bq	3 x 10¹³ Bq
A Class C gaseous tritium light device	1 x 10¹² Bq	No limit
Any sealed source which is solely radioactive material or radioactive waste because it contains tritium	2 x 10¹⁰ Bq	5 x 10¹²Bq
A tritium foil source	2 x 10¹⁰ Bq	5 x 10¹² Bq
A smoke detector affixed to premises	4 x 10⁶ Bq	No limit
An electrodeposited source	6 x 10⁸ Bq Ni-63 or 2 x 10⁸ Bq Fe-55	6 x 10¹¹ Bq
A luminised article	8 x 10⁷ Bq Pm-147 or 4 x 10⁹ Bq H-3	4 x 10¹⁰ Bq Pm-147 or 2 x 10¹¹ Bq H-3
A Ba-137m eluting source	4 x 10⁴ Bq Cs-137+	4 x 10⁵ Bq Cs-137+
A substance or article which is or contains magnesium alloy or thoriated tungsten in which the thorium concentration does not exceed 4% by mass	No limit	No limit
A uranium or thorium compound	Up to a total of 5kg of uranium and thorium	Up to a total of 5kg of uranium and thorium
A substance or article (other than a sealed source) which is intended for use for, used for, or arises from medical or veterinary diagnosis or treatment or clinical or veterinary trials	1 x 10⁹ Bq Tc-99m	1 x 10⁹ Bq Tc-99m
	and	and
	F632 x 10⁸ Bq of all other radionuclides, (no more than 1 x 10⁸Bq of which is contained in radioactive material)	2 x 10⁸ Bq of all other radionuclides, (no more than 1 x 10⁸ Bq of which is contained in radioactive material)

F23Table 4A25A

1

The Table 4A referred to in Sections 2, 5 and 6 of this Part is—

Table 4ANORM waste concentrations and maximum disposal quantities

Radionuclide	Type 1 NORM concentration (Bq/g)	Type 1 NORM total activity for landfill (GBq/year)	Type 1 NORM total activity for incineration (MBq/year)	Type 2 NORM concentration (Bq/g)
U-238sec	5	50	100	10
U238+	5	50	100	10
U-234	5	50	100	10
Th-230	5	50	100	10
Ra-226+	5	50	100	10
Pb-210+	100	1000	100	200
Po-210	100	1000	100	200
U-235sec	5	50	100	10
U-235+	5	50	100	10
Pa-231	5	50	100	10
Ac-227+	5	50	100	10
Th-232sec	5	50	100	10
Th-232	5	50	100	10
Ra-228+	5	50	100	10
Th-228+	5	50	100	10

2

The summation rule in respect of columns 2 and 5 of Table 4A is the sum of the quotients A/B where—

a

“A” means the concentration of each radionuclide listed in column 1 of Table 4A that is present in the substance or article; and

b

“B” means the concentration of that radionuclide specified in column 2 or 5 (as appropriate) of Table 4A.

3

The summation rule in respect of columns 3 and 4 of Table 4A is the sum of the quotients C/D where—

a

“C” means the quantity of each radionuclide listed in column 1 of Table 4A that is present in the substance or article; and

b

“D” means the quantity of that radionuclide specified in column 3 or 4 (as appropriate) of Table 4A.

Table 526

1

The Table 5 referred to in Sections 2 and 4 of this Part is—

Table 5Radionuclides: values of quantities and concentrations

Radionuclides	Maximum quantity of radioactivity (Bq) on any premises	Maximum concentration (Bq/g)
H-3	10⁹	10⁶
Be-7	10⁷	10³
C-14	10⁷	10⁴
O-15	10⁹	10²
F-18	10⁶	10
Na-22	10⁶	10
Na-24	10⁵	10
Si-31	10⁶	10³
P-32	10⁵	10³
P-33	10⁸	10⁵
S-35	10⁸	10⁵
Cl-36	10⁶	10⁴
Cl-38	10⁵	10
Ar-37	10⁸	10⁶
Ar-41	10⁹	10²
K-42	10⁶	10²
K-43	10⁶	10
Ca-45	10⁷	10⁴
Ca-47	10⁶	10
Sc-46	10⁶	10
Sc-47	10⁶	10²
Sc-48	10⁵	10
V-48	10⁵	10
Cr-51	10⁷	10³
Mn-51	10⁵	10
Mn-52	10⁵	10
Mn-52m	10⁵	10
Mn-53	10⁹	10⁴
Mn-54	10⁶	10
Mn-56	10⁵	10
Fe-52	10⁶	10
Fe-55	10⁶	10⁴
Fe-59	10⁶	10
Co-55	10⁶	10
Co-56	10⁵	10
Co-57	10⁶	10²
Co-58	10⁶	10
Co-58m	10⁷	10⁴
Co-60	10⁵	10
Co-60m	10⁶	10³
Co-61	10⁶	10²
Co-62m	10⁵	10
Ni-59	10⁸	10⁴
Ni-63	10⁸	10⁵
Ni-65	10⁶	10
Cu-64	10⁶	10²
Zn-65	10⁶	10
Zn-69	10⁶	10⁴
Zn-69m	10⁶	10²
Ga-72	10⁵	10
Ge-71	10⁸	10⁴
As-73	10⁷	10³
As-74	10⁶	10
As-76	10⁵	10²
As-77	10⁶	10³
Se-75	10⁶	10²
Br-82	10⁶	10
Kr-74	10⁹	10²
Kr-76	10⁹	10²
Kr-77	10⁹	10²
Kr-79	10⁵	10³
Kr-81	10⁷	10⁴
Kr-83m	10¹²	10⁵
Kr-85	10⁴	10⁵
Kr-85m	10¹⁰	10³
Kr-87	10⁹	10²
Kr-88	10⁹	10²
Rb-86	10⁵	10²
Sr-85	10⁶	10²
Sr-85m	10⁷	10²
Sr-87m	10⁶	10²
Sr-89	10⁶	10³
Sr-90+	10⁴	10²
Sr-91	10⁵	10
Sr-92	10⁶	10
Y-90	10⁵	10³
Y-91	10⁶	10³
Y-91m	10⁶	10²
Y-92	10⁵	10²
Y-93	10⁵	10²
Zr-93+	10⁷	10³
Zr-95	10⁶	10
Zr-97+	10⁵	10
Nb-93m	10⁷	10⁴
Nb-94	10⁶	10
Nb-95	10⁶	10
Nb-97	10⁶	10
Nb-98	10⁵	10
Mo-90	10⁶	10
Mo-93	10⁸	10³
Mo-99	10⁶	10²
Mo-101	10⁶	10
Tc-96	10⁶	10
Tc-96m	10⁷	10³
Tc-97	10⁸	10³
Tc-97m	10⁷	10³
Tc-99	10⁷	10⁴
Tc-99m	10⁷	10²
Ru-97	10⁷	10²
Ru-103	10⁶	10²
Ru-105	10⁶	10
Ru-106+	10⁵	10²
Rh-103m	10⁸	10⁴
Rh-105	10⁷	10²
Pd-103	10⁸	10³
Pd-109	10⁶	10³
Ag-105	10⁶	10²
Ag-108m+	10⁶	10
Ag-110m	10⁶	10
Ag-111	10⁶	10³
Cd-109	10⁶	10⁴
Cd-115	10⁶	10²
Cd-115m	10⁶	10³
In-111	10⁶	10²
In-113m	10⁶	10²
In-114m	10⁶	10²
In-115m	10⁶	10²
Sn-113	10⁷	10³
Sn-125	10⁵	10²
Sb-122	10⁴	10²
Sb-124	10⁶	10
Sb-125	10⁶	10²
Te-123m	10⁷	10²
Te-125m	10⁷	10³
Te-127	10⁶	10³
Te-127m	10⁷	10³
Te-129	10⁶	10²
Te-129m	10⁶	10³
Te-131	10⁵	10²
Te-131m	10⁶	10
Te-132	10⁷	10²
Te-133	10⁵	10
Te-133m	10⁵	10
Te-134	10⁶	10
I-123	10⁷	10²
I-125	10⁶	10³
I-126	10⁶	10²
I-129	10⁵	10²
I-130	10⁶	10
I-131	10⁶	10²
I-132	10⁵	10
I-133	10⁶	10
I-134	10⁵	10
I-135	10⁶	10
Xe-131m	10⁴	10⁴
Xe-133	10⁴	10³
Xe-135	10¹⁰	10³
Cs-129	10⁵	10²
Cs-131	10⁶	10³
Cs-132	10⁵	10
Cs-134m	10⁵	10³
Cs-134	10⁴	10
Cs-135	10⁷	10⁴
Cs-136	10⁵	10
Cs-137+	10⁴	10
Cs-138	10⁴	10
Ba-131	10⁶	10²
Ba-140+	10⁵	10
La-140	10⁵	10
Ce-139	10⁶	10²
Ce-141	10⁷	10²
Ce-143	10⁶	10²
Ce-144+	10⁵	10²
Pr-142	10⁵	10²
Pr-143	10⁶	10⁴
Nd-147	10⁶	10²
Nd-149	10⁶	10²
Pm-147	10⁷	10⁴
Pm-149	10⁶	10³
Sm-151	108	10⁴
Sm-153	10⁶	10²
Eu-152	10⁶	10
Eu-152m	10⁶	10²
Eu-154	10⁶	10
Eu-155	10⁷	10²
Gd-153	10⁷	10²
Gd-159	10⁶	10³
Tb-160	10⁶	10
Dy-165	10⁶	10³
Dy-166	10⁶	10³
Ho-166	10⁵	10³
Er-169	10⁷	10⁴
Er-171	10⁶	10²
Tm-170	10⁶	10³
Tm-171	10⁸	10⁴
Yb-175	10⁷	10³
Lu-177	10⁷	10³
Hf-181	10⁶	10
Ta-182	10⁴	10
W-181	10⁷	10³
W-185	10⁷	10⁴
W-187	10⁶	10²
Re-186	10⁶	10³
Re-188	10⁵	10²
Os-185	10⁶	10
Os-191	10⁷	10²
Os-191m	10⁷	10³
Os-193	10⁶	10²
Ir-190	10⁶	10
Ir-192	10⁴	10
Ir-194	10⁵	10²
Pt-191	10⁶	10²
Pt-193m	10⁷	10³
Pt-197	10⁶	10³
Pt-197m	10⁶	10²
Au-198	10⁶	10²
Au-199	10⁶	10²
Hg-197	10⁷	10²
Hg-197m	10⁶	10²
Hg-203	10⁵	10²
Tl-200	10⁶	10
Tl-201	10⁶	10²
Tl-202	10⁶	10²
Tl-204	10⁴	10⁴
Pb-203	10⁶	10²
Pb-210+	10⁴	10
Pb-212+	10⁵	10
Bi-206	10⁵	10
Bi-207	10⁶	10
Bi-210	10⁶	10³
Bi-212+	10⁵	10
Po-203	10⁶	10
Po-205	10⁶	10
Po-207	10⁶	10
Po-210	10⁴	10
At-211	10⁷	10³
Rn-220+	10⁷	10⁴
Rn-222+	10⁸	10
Ra-223+	10⁵	10²
Ra-224+	10⁵	10
Ra-225	10⁵	10²
Ra-226+	10⁴	10
Ra-227	10⁶	10²
Ra-228+	10⁵	10
Ac-228	10⁶	10
Th-226+	10⁷	10³
Th-227	10⁴	10
Th-228+	10⁴	1
Th-229+	10³	1
Th-230	10⁴	1
Th-231	10⁷	10³
Th-232 sec	10³	1
Th-234+	10⁵	10³
Pa-230	10⁶	10
Pa-231	10³	1
Pa-233	10⁷	10²
U-230+	10⁵	10
U-231	10⁷	10²
U-232+	10³	1
U-233	10⁴	10
U-234	10⁴	10
U-235+	10⁴	10
U-236	10⁴	10
U-237	10⁶	10²
U-238+	10⁴	10
U-238 sec	10³	1
U-239	10⁶	10²
U-240	10⁷	10³
U-240+	10⁶	10
Np-237+	10³	1
Np-239	10⁷	10²
Np-240	10⁶	10
Pu-234	10⁷	10²
Pu-235	10⁷	10²
Pu-236	10⁴	10
Pu-237	10⁷	10³
Pu-238	10⁴	1
Pu-239	10⁴	1
Pu-240	10³	1
Pu-241	10⁵	10²
Pu-242	10⁴	1
Pu-243	10⁷	10³
Pu-244	10⁴	1
Am-241	10⁴	1
Am-242	10⁶	10³
Am-242m+	10⁴	1
Am-243+	10³	1
Cm-242	10⁵	10²
Cm-243	10⁴	1
Cm-244	10⁴	10
Cm-245	10³	1
Cm-246	10³	1
Cm-247	10⁴	1
Cm-248	10³	1
Bk-249	10⁶	10³
Cf-246	10⁶	10³
Cf-248	10⁴	10
Cf-249	10³	1
Cf-250	10⁴	10
Cf-251	10³	1
Cf-252	10⁴	10
Cf-253	10⁵	10²
Cf-254	10³	1
Es-253	10⁵	10²
Es-254	10⁴	10
Es-254m	10⁶	10²
Fm-254	10⁷	10⁴
Fm-255	10⁶	10³
Any other radionuclide that is:	10³, or the quantity given in respect of that radionuclide in the F64Public Health England publication ‘Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive’M77.	1, or the concentration given in respect of that radionuclide in the publication referenced in column 2.
(a) not of natural terrestrial or cosmic origin, or
(b) listed in Table 2 in this Schedule.

2

The summation rule in respect of column 2 of Table 5 is the sum of the quotients A/B where—

a

“A” means the quantity of each radionuclide listed in column 1 of Table 5 that is present in the material and waste, and

b

“B” means the quantity of that radionuclide specified in column 2 of Table 5.

3

The summation rule in respect of F65column 3 of Table 5 is the sum of the quotients C/D where—

a

“C” means the concentration of each radionuclide listed in column 1 of Table 5 that is present in the material and waste, and

b

“D” means the concentration of that radionuclide specified in column 3 of Table 5.

Table 627

The Table 6 referred to in Sections 5 and 7 of this Part is—

Table 6Radioactive waste: values of quantities and concentrations

Radioactive waste	Maximum concentration of radionuclides	Maximum quantity of radioactivity to be disposed of in the period stated
Solid radioactive waste, with no single item > 4 x 10⁴ Bq	4 x 10⁵ Bq for the sum of all radionuclides per 0.1m³	2 x 10⁸ Bq/year
Solid radioactive waste containing tritium and C-14 only, with no single item > 4 x 10⁵ Bq	4 x 10⁶ Bq of tritium and C-14 per 0.1m³	2 x 10⁹ Bq/year
Individual sealed sources	2 x 10⁵ Bq for the sum of all radionuclides per 0.1m³	1 x 10⁷ Bq/year
Individual sealed sources which are solely radioactive waste because they contain tritium	2 x 10¹⁰ Bq of tritium per 0.1m³	1 x 10¹³ Bq/year
Luminised articles with no single item containing > 8 x 10⁷ Bq of Pm-147 or > 4 x 10⁹ of tritium	8 x 10⁷ Bq per 0.1m³ of Pm-147	2 x 10⁹ Bq/year of Pm-147
	or 4 x 10⁹ Bq per 0.1m³ for tritium	or 1 x 10¹¹ Bq/year of tritium
Solid radioactive waste which consists of magnesium alloy, thoriated tungsten or dross from hardener alloy in which the thorium concentration does not exceed 4% by mass	No limit	No limit
Solid uranium or thorium compound	No limit	0.5kg of uranium or thorium per week
Aqueous liquid uranium or thorium compound	No limit	0.5kg of uranium or thorium per year
Aqueous liquid human excreta	No limit	1 x 10¹⁰ Bq/year of Tc-99m
		and
		5 x 10⁹ Bq/year for the sum of all other radionuclides

Table 728

1

The Table 7 referred to in Section 7 of this Part is—

Table 7Aqueous radioactive waste values

Radionuclide	Concentration in Bq/ litre	Maximum annual quantity of radionuclides to a relevant sewer (Bq/ year)	Maximum annual quantity of radionuclides directly into a relevant river or the sea (Bq/ year)
H-3	10³	10¹⁰	10¹⁰
Be-7	1	10⁷	10⁷
C-14	0.1	10⁶	10⁶
F-18	0.1	10⁶	10⁶
Na-22	1	10⁶	10⁷
Na-24	1	10⁷	10⁷
Si-31	10	10⁸	10⁸
P-32	0.001	10⁴	10⁴
P-33	0.001	10⁴	10⁴
S-35	10	3 x 10⁷	10⁸
Cl-36	10	10⁷	10⁸
Cl-38	0.1	10⁶	10⁶
K-42	0.01	10⁵	10⁵
K-43	0.01	10⁵	10⁵
Ca-45	1	10⁷	10⁷
Ca-47	0.1	10⁶	10⁶
Sc-46	0.001	10⁴	10⁴
Sc-47	0.01	10⁵	10⁵
Sc-48	0.001	10⁴	10⁴
V-48	1	10⁷	10⁷
Cr-51	10	10⁸	10⁸
Mn-51	0.001	10⁴	10⁴
Mn-52	0.001	10⁴	10⁴
Mn-52m	0.001	10⁴	10⁴
Mn-53	1	10⁷	10⁷
Mn-54	0.01	10⁵	10⁵
Mn-56	0.001	10⁴	10⁴
Fe-52	0.01	10⁵	10⁵
Fe-55	1	10⁷	10⁷
Fe-59	0.01	10⁵	10⁵
Co-55	0.001	10⁴	10⁴
Co-56	0.001	10⁴	10⁴
Co-57	0.1	10⁶	10⁶
Co-58	0.1	10⁶	10⁶
Co-58m	1	10⁷	10⁷
Co-60	0.01	10⁵	10⁵
Co-60m	1	10⁷	10⁷
Co-61	0.1	10⁶	10⁶
Co-62m	0.001	10⁴	10⁴
Ni-59	1	10⁷	10⁷
Ni-63	10²	10⁹	10⁹
Ni-65	0.01	10⁵	10⁵
Cu-64	0.1	10⁶	10⁶
Zn-65	0.1	3 x 10⁵	10⁶
Zn-69	10	10⁸	10⁸
Zn-69m	0.1	10⁶	10⁶
Ga-67	0.1	10⁶	10⁶
Ga-72	0.001	10⁴	10⁴
Ge-71	1	10⁷	10⁷
As-73	10	10⁸	10⁸
As-74	1	10⁷	10⁷
As-76	1	10⁷	10⁷
As-77	1	10⁷	10⁷
Se-75	0.1	3 x 10⁵	10⁶
Br-82	0.1	10⁶	10⁶
Rb-86	0.1	10⁶	10⁶
Sr-85	0.1	10⁶	10⁶
Sr-85m	0.1	10⁶	10⁶
Sr-87m	0.1	10⁶	10⁶
Sr-89	1	10⁷	10⁷
Sr-90+	0.1	3 x 10⁵	10⁶
Sr-91	0.01	10⁵	10⁵
Sr-92	0.01	10⁵	10⁵
Y-90	1	10⁷	10⁷
Y-91	1	10⁷	10⁷
Y-91m	0.01	10⁵	10⁵
Y-92	0.1	10⁶	10⁶
Y-93	0.1	10⁶	10⁶
Zr-93	10	10⁸	10⁸
Zr-95+	0.001	10⁴	10⁴
Zr-97	0.01	10⁵	10⁵
Nb-93m	10	10⁸	10⁸
Nb-94	0.1	10⁶	10⁶
Nb-95	1	10⁷	10⁷
Nb-97	1	10⁷	10⁷
Nb-98	0.1	10⁶	10⁶
Mo-90	0.1	10⁶	10⁶
Mo-93	1	10⁷	10⁷
Mo-99	0.1	10⁶	10⁶
Mo-101	0.01	10⁵	10⁵
Tc-96	1	10⁷	10⁷
Tc-96m	10²	10⁹	10⁹
Tc-97	10²	10⁹	10⁹
Tc-97m	10	10⁸	10⁸
Tc-99	10	10⁷	10⁸
Tc-99m	10	3 x 10⁷	10⁸
Ru-97	0.01	10⁵	10⁵
Ru-103	0.01	10⁵	10⁵
Ru-105	0.01	10⁵	10⁵
Ru-106+	0.1	10⁶	10⁶
Rh-103m	10	10⁸	10⁸
Rh-105	1	10⁷	10⁷
Pd-103	0.1	10⁶	10⁶
Pd-109	0.1	10⁶	10⁶
Ag-105	1	10⁷	10⁷
Ag-108m	0.1	10⁶	10⁶
Ag-110m	0.1	10⁶	10⁶
Ag-111	10	10⁸	10⁸
Cd-109	1	10⁷	10⁷
Cd-115	0.1	10⁶	10⁶
Cd-115m	1	10⁷	10⁷
In-111	0.01	10⁵	10⁵
In-113m	0.01	10⁵	10⁵
In-114m	0.01	10⁵	10⁵
In-115m	0.01	10⁵	10⁵
Sn-113	0.1	10⁶	10⁶
Sn-125	0.01	10⁵	10⁵
Sb-122	0.1	10⁶	10⁶
Sb-124	0.1	10⁶	10⁶
Sb-125	1	10⁷	10⁷
Te-123m	1	10⁷	10⁷
Te-125m	1	10⁷	10⁷
Te-127	10	10⁸	10⁸
Te-127m	1	10⁷	10⁷
Te-129	10	10⁸	10⁸
Te-129m	1	10⁷	10⁷
Te-131	1	10⁷	10⁷
Te-131m	1	10⁷	10⁷
Te-132	0.1	10⁶	10⁶
Te-133	1	10⁷	10⁷
Te-133m	1	10⁷	10⁷
Te-134	1	10⁷	10⁷
I-123	1	10⁷	10⁷
I-125	1	10⁷	10⁷
I-126	0.1	10⁶	10⁶
I-129	0.1	10⁶	10⁶
I-130	0.1	10⁶	10⁶
I-131	0.1	10⁶	10⁶
I-132	0.1	10⁶	10⁶
I-133	0.1	10⁶	10⁶
I-134	0.1	10⁶	10⁶
I-135	0.1	10⁶	10⁶
Cs-129	0.01	10⁵	10⁵
Cs-131	0.1	10⁶	10⁶
Cs-132	0.01	10⁵	10⁵
Cs-134	0.01	10⁵	10⁵
Cs-134m	0.1	10⁶	10⁶
Cs-135	0.1	10⁶	10⁶
Cs-136	0.001	10⁴	10⁴
Cs-137+	0.01	10⁵	10⁵
Cs-138	0.001	10⁴	10⁴
Ba-131	0.1	10⁶	10⁶
Ba-140	0.1	10⁶	10⁶
La-140	0.001	10⁴	10⁴
Ce-139	0.1	10⁶	10⁶
Ce-141	0.1	10⁶	10⁶
Ce-143	0.01	10⁵	10⁵
Ce-144	0.1	10⁶	10⁶
Pr-142	0.1	10⁶	10⁶
Pr-143	10	10⁸	10⁸
Nd-147	0.01	10⁵	10⁵
Nd-149	0.01	10⁵	10⁵
Pm-147	10	10⁸	10⁸
Pm-149	1	10⁷	10⁷
Sm-151	10²	10⁹	10⁹
Sm-153	0.1	10⁶	10⁶
Eu-152	0.01	10⁵	10⁵
Eu-152m	0.01	10⁵	10⁵
Eu-154	0.01	10⁵	10⁵
Eu-155	0.1	10⁶	10⁶
Gd-153	0.1	10⁶	10⁶
Gd-159	0.1	10⁶	10⁶
Tb-160	0.01	10⁵	10⁵
Dy-165	0.1	10⁶	10⁶
Dy-166	0.1	10⁶	10⁶
Ho-166	0.1	10⁶	10⁶
Er-169	10	10⁸	10⁸
Er-171	0.01	10⁵	10⁵
Tm-170	1	10⁷	10⁷
Tm-171	10	10⁸	10⁸
Yb-175	0.1	10⁶	10⁶
Lu-177	0.1	10⁶	10⁶
Hf-181	0.01	10⁵	10⁵
Ta-182	0.001	10⁴	10⁴
W-181	0.1	10⁶	10⁶
W-185	1	10⁷	10⁷
W-187	0.01	10⁵	10⁵
Re-186	1	10⁷	10⁷
Re-188	1	10⁷	10⁷
Os-185	0.01	10⁵	10⁵
Os-191	0.1	10⁶	10⁶
Os-191m	1	10⁷	10⁷
Os-193	0.1	10⁶	10⁶
Ir-190	0.001	10⁴	10⁴
Ir-192	0.01	10⁵	10⁵
Ir-194	0.1	10⁶	10⁶
Pt-191	0.01	10⁵	10⁵
Pt-193m	1	10⁷	10⁷
Pt-197	0.1	10⁶	10⁶
Pt-197m	0.1	10⁶	10⁶
Au-198	1	10⁷	10⁷
Au-199	1	10⁷	10⁷
Hg-197	1	10⁷	10⁷
Hg-197m	0.1	10⁶	10⁶
Hg-203	0.1	10⁶	10⁶
Tl-200	0.01	10⁵	10⁵
Tl-201	0.1	10⁶	10⁶
Tl-202	0.01	10⁵	10⁵
Tl-204	0.1	10⁶	10⁶
Pb-203	0.01	10⁵	10⁵
Pb-210	0.001	10⁴	10⁴
Pb-212	0.1	10⁶	10⁶
Bi-206	0.01	10⁵	10⁵
Bi-207	0.1	10⁶	10⁶
Bi-210	10	10⁸	10⁸
Bi-212	1	10⁷	10⁷
Po-203	0.001	10⁴	10⁴
Po-205	0.001	10⁴	10⁴
Po-207	0.001	10⁴	10⁴
Po-210	0.001	10⁴	10⁴
At-211	1	10⁷	10⁷
Ra-223	0.01	10⁵	10⁵
Ra-224+	0.01	10⁵	10⁵
Ra-225	0.01	10⁵	10⁵
Ra-226+	0.01	10⁵	10⁵
Ra-227	1	10⁷	10⁷
Ra-228	0.01	10⁵	10⁵
Ac-227	0.1	10⁶	10⁶
Ac-228	0.001	10⁴	10⁴
Th-226	0.1	10⁶	10⁶
Th-227	0.01	10⁵	10⁵
Th-228	1	10⁷	10⁷
Th-229	0.01	10⁵	10⁵
Th-230	1	10⁷	10⁷
Th-231	0.1	10⁶	10⁶
Th-232	1	10⁶	10⁷
Th-234	0.1	10⁶	10⁶
Pa-230	0.01	10⁵	10⁵
Pa-231	0.01	10⁵	10⁵
Pa-233	0.1	10⁶	10⁶
U-230	0.1	10⁶	10⁶
U-231	10	10⁸	10⁸
U-232	0.1	10⁶	10⁶
U-233	0.1	10⁶	10⁶
U-234	0.1	10⁶	10⁶
U-235+	0.1	10⁶	10⁶
U-236	0.1	10⁶	10⁶
U-237	10	10⁸	10⁸
U-238+	0.1	10⁶	10⁶
U-239	10	10⁸	10⁸
U-240	10	10⁸	10⁸
Np-237	0.1	10⁶	10⁶
Np-239	1	10⁷	10⁷
Np-240	0.1	10⁶	10⁶
Pu-234	0.01	10⁵	10⁵
Pu-235	0.01	10⁵	10⁵
Pu-236	1	10⁷	10⁷
Pu-237	0.1	10⁶	10⁶
Pu-238	0.1	10⁶	10⁶
Pu-239	0.1	10⁶	10⁶
Pu-240	0.1	10⁶	10⁶
Pu-241	10	10⁸	10⁸
Pu-242	0.1	10⁶	10⁶
Pu-243	0.1	10⁶	10⁶
Pu-244	0.1	10⁶	10⁶
Am-241	0.1	10⁶	10⁶
Am-242	0.1	10⁶	10⁶
Am-242m	0.1	10⁶	10⁶
Am-243	0.1	10⁶	10⁶
Cm-242	1	10⁷	10⁷
Cm-243	0.1	10⁶	10⁶
Cm-244	0.1	10⁶	10⁶
Cm-245	0.01	10⁵	10⁵
Cm-246	0.1	10⁶	10⁶
Cm-247	0.01	10⁵	10⁵
Cm-248	0.1	10⁶	10⁶
Bk-249	10²	10⁹	10⁹
Cf-246	1	10⁷	10⁷
Cf-248	1	10⁷	10⁷
Cf-249	0.01	10⁵	10⁵
Cf-250	0.1	10⁶	10⁶
Cf-251	0.01	10⁵	10⁵
Cf-252	0.1	10⁶	10⁶
Cf-253	10	10⁸	10⁸
Cf-254	0.0001	10³	10³
Es-253	1	10⁷	10⁷
Es-254	0.1	10⁶	10⁶
Es-254m	0.01	10⁵	10⁵
Fm-254	1	10⁷	10⁷
Fm-255	0.1	10⁶	10⁶
Any other radionuclide that is not of natural terrestrial or cosmic origin	0.0001	10³	10³
	or that concentration which gives rise to a dose to a member of the public of 10 microsieverts per year calculated in accordance with the methodology used to calculate other concentrations in this table M78.	or that quantity which corresponds to 3,000m³ of aqueous radioactive waste up to the appropriate concentration as calculated in accordance with column 2.	or that quantity which corresponds to 10,000m³ of aqueous radioactive waste up to the appropriate concentration as calculated in accordance with column 2.

2

The summation rule in respect of column 2 of Table 7 is the sum of the quotients A/B where—

a

“A” means the concentration in Bq/ litre of each radionuclide listed in column 1 of Table 7 that is present in aqueous waste which is not described in a row in column 1 of Table 6, and

b

“B” means the concentration of that radionuclide specified in column 2 of Table 7.

3

The summation rule in respect of column 3 of Table 7 is the sum of the quotients C/D where—

a

“C” means the quantity in Bq of each radionuclide listed in column 1 of Table 7 that is present in the aqueous waste which is not described in a row in column 1 of Table 6 which is disposed of in the year, and

b

“D” means the quantity of that radionuclide specified in column 3 of Table 7.

4

The summation rule in respect of column 4 of Table 7 is the sum of the quotients C/E where—

a

b

“E” means the quantity of that radionuclide specified in column 4 of Table 7.

Interpretation of this Section29

In this Section, where any radionuclide carries the suffix “+” or “sec”—

a

that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 8 adjacent to that parent radionuclide, and

b

a concentration or activity value given in respect of such a parent radionuclide is the value for the parent radionuclide alone, but already takes into account the daughter radionuclides in column 2 that are present.

Table 830

The Table 8 referred to in paragraph 29 is—

Table 8Radionuclides in secular equilibrium

Parent radionuclide	Daughter radionuclides
Sr-90+	Y-90
Zr-93+	Nb-93m
Zr-95+	Nb-95
Zr-97+	Nb-97
Ru-106+	Rh-106
Ag-108m+	Ag-108
Cs-137+	Ba-137m
Ba-140+	La-140
Ce-144+	Pr-144
Pb-210+	Bi-210, Po-210
Pb-212+	Bi-212, Tl-208, Po-212
Bi-212+	Tl-208, Po-212
Rn-220+	Po-216
Rn-222+	Po-218, Pb-214, Bi-214, Po-214
Ra-223+	Rn-219, Po-215, Pb-211, Bi-211, Tl-207
Ra-224+	Where Ra-224+ is referred to in Table 5: Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212
Ra-224+	Where Ra-224+ is referred to in Table 7: Pb-212
Ra-226+	Where Ra-226+ is referred to in F66Table 4A and Table 5: Rn-222, Po-218, Pb-214, Bi-214, F67Po-214, Pb-210, Bi-210, Po-210
Ra-226+	Where Ra-226+ is referred to in Table 7: Rn-222, Po-218, Pb-214, Bi-214, Po-214
Ra-228+	Ac-228
Th-226+	Ra-222, Rn-218, Po-214
Th-228+	Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Po-212, Tl-208
Th-229+	Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209
Th-232 sec	Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Po-212, Tl-208
Th-234+	Pa-234m
U-230+	Th-226, Ra-222, Rn-218, Po-214
U-232+	Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212
U-235+	Th-231
U-238+	Th-234, Pa-234m, Pa-234
U-238 sec	Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214F68, Po-214, Pb-210, Bi-210, Po-210
U-240+	Np-240
Np-237+	Pa-233
Am-242m+	Am-242
Am-243+	Np-239

ii

the allowing of a substance to escape or to enter a stream or other place,

as may be mentioned in that provision, and

b

“local enactment” means—

i

a local or private Act,

ii

an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, or

iii

an order confirmed by the National Assembly for Wales or brought into operation in accordance with special procedure in the Assembly.

Provisions of enactments2

1

The provisions referred to in paragraph 1(3) are those listed in Table 9 below.

2

References to provisions of the 1991 Act have effect subject to the power conferred by section 98 of that Act M79.

Table 9Statutory provisions in respect of which radioactivity is to be disregarded

Act	Provisions
Public Health Act 1936	Sections 48, 79, 81, 82, 141, 259 and 261 M80.
Water Act 1945	Section 18 M81 so far as it continues to have effect by virtue of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 M82 or by virtue of provisions of the Control of Pollution Act 1974 M83 not having been brought into force.
Salmon and Freshwater Fisheries Act 1975	Section 4 M84.
Building Act 1984	Section 59 M85.
The Planning (Hazardous Substances) Act 1990 M86	The whole Act.
The 1990 Act	Part 3 M87 (subject to regulation 47(3) of the Waste (England and Wales) Regulations 2011 M88).
Water Industry Act 1991	Sections 72, 111 and 113(6) M89.
	In Part 4, Chapter 3 M90.



	In Schedule 8, paragraphs 2 to 4 M91 so far as they re-enact provisions of sections 43 and 44 of the Control of Pollution Act 1974 M92.
The 1991 Act	Sections 82, 84, 92, 93, 161-161D, 190, 202 and 203 M93.
The 1991 Act	In Schedule 25, paragraph 6 M94.
Clean Air Act 1993 M95	Section 16.
Marine and Coastal Access Act 2009 M96	Section 155.

SCHEDULE 24Efficiency in heating and cooling energy: Energy Efficiency Directive

Regulation 35(1)

Interpretation1

1

In this Schedule—

“cogeneration” means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;
“connection distance” means—
1. a
  in the case of a hot water link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0038, or
2. b
  in the case of a steam heat link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0012,
expressed in kilometres;
“cost-benefit analysis” means a cost-benefit analysis in accordance with Part 2 to Annex IX to the Energy Efficiency Directive;
“economically justified demand” means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;
“high-efficiency cogeneration” means cogeneration meeting the criteria laid down in Annex II to the Energy Efficiency Directive;
“installation” means—
1. a
  a stationary technical unit where one or more activities listed in Part 2 of Schedule 1 are carried on, F10...
2. b
  a small waste incineration plantF11; or
3. c
  a medium combustion plant;
“relevant installation” means an installation carrying on—
1. a
  an activity described in Part A(1) of Section 1.1 of Part 2 of Schedule 1,
2. b
  an activity described in Part A(1) of Section 5.1 of Part 2 of Schedule 1,
3. c
  an activity described in paragraph (a) of Part B of Section 1.1 of Part 2 of Schedule 1, F12...
4. d
  a small waste incineration plant operationF13; or
5. e
  a medium combustion plant operation;
“substantially refurbished” means, subject to sub-paragraph (2)(e), a refurbishment the cost of which exceeds 50% of the investment cost for a new comparable energy plant.

2

For the purposes of this Schedule—

a

the definition of “offshore platform” in paragraph 3 of Part A(1) of Section 1.1 of Part 2 of Schedule 1 also includes any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs,

b

the definition of “petroleum” in paragraph 4 of Part A(1) of Section 1.1 of Part 2 of Schedule 1 also includes coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation,

c

a reference to an installation means an installation which has a net rated thermal input exceeding 20 megawatts,

d

where two or more small waste incineration plants falling within Schedule 13 with an aggregate net thermal input exceeding 20 megawatts are operated on the same site by the same operator, those small waste incineration plants must be treated as a single installation with a rated thermal input exceeding 20 megawatts, and

e

refurbishment does not include the fitting of equipment to carry out the activity described in Part A(1) of Section 6.10 of Part 2 of Schedule 1.

Electricity generating installations2

1

An application for the grant of an environmental permit under regulation 13(1) for a relevant installation which generates electricity must contain a cost-benefit analysis which assesses the cost and benefits of providing for the operation of the installation as a high-efficiency cogeneration installation.

2

The regulator must exercise its relevant functions to ensure that an application for a variation of an environmental permit under regulation 20(1) is made before the energy plant of a relevant installation which generates electricity is substantially refurbished.

3

The regulator must ensure that an application for a variation of an environmental permit required by sub-paragraph (2) contains (in addition to the information required by paragraph 2(1)(b) of Schedule 5) a cost-benefit analysis which assesses the cost and benefits of converting the relevant installation to high-efficiency cogeneration.

4

The requirement for a cost-benefit analysis in sub-paragraph (1) or (3) does not apply to peak load and back-up electricity generating relevant installations for which the application for the grant or a variation of an environmental permit states that operation under 1,500 operating hours per year as a rolling average over a period of 5 years is planned.

5

In the case of a relevant installation to which sub-paragraph (4) applies, the regulator must ensure that, if an environmental permit is granted or varied, it includes conditions ensuring that the operating hours for the installation remain within that constraint.

Installations generating waste heat3

1

An application for the grant of an environmental permit under regulation 13(1) for an installation generating waste heat at a useful temperature level, other than a relevant installation falling within paragraph 2(1), must contain a cost-benefit analysis.

2

The regulator must exercise its relevant functions to ensure that an application for a variation of an environmental permit under regulation 20(1) is made before the energy plant of an installation generating waste heat at a useful temperature level, other than a relevant installation falling within paragraph 2(2), is substantially refurbished.

3

The regulator must ensure that an application for a variation of an environmental permit under sub-paragraph (2) contains (in addition to the information required by paragraph 2(1)(b) of Schedule 5) a cost-benefit analysis.

4

The cost-benefit analysis required by sub-paragraphs (1) and (3) must include an assessment of the cost and benefits of—

a

utilising the waste heat to satisfy economically justified demand, including through cogeneration, and

b

the connection of that installation to a district heating and cooling network.

Heating and cooling networks4

1

An application for the grant of an environmental permit under regulation 13(1) for a relevant installation which forms part of a new district heating and cooling network or existing district heating or cooling network, must contain a cost-benefit analysis.

2

The regulator must exercise its relevant functions to ensure that an application for a variation of an environmental permit under regulation 20(1) is made before the energy plant of a relevant installation which forms part of a district heating and cooling network is substantially refurbished.

3

An application for the variation of an environmental permit required by sub-paragraph (2) must contain (in addition to the information required by paragraph 2(1)(b) of Schedule 5) a cost-benefit analysis.

4

The cost-benefit analysis required by sub-paragraphs (1) and (3) must include an assessment of the cost and benefits of utilising the waste heat from nearby installations.

Thresholds5

Paragraphs 3 and 4 do not apply to an installation, except an installation which forms part of a district cooling network, with any of the following—

a

available waste heat of 100 kilowatts or less;

b

available waste heat—

i

greater than 100 kilowatts as hot water or steam, where there is no hot water heat demand greater than 100 kilowatts within the search radius from the installation as set out in the table below, and located within the connection distance from the centre of the installation, or

ii

greater than 500 kilowatts as steam where there is no steam-based heat demand greater than 500 kilowatts and no hot water heat demand greater than 100 kilowatts within the search radius from the centre of the source installation as set out in the table below, and located within the connection distance from the centre of the source installation;

c

a heat demand of—

i

100 kilowatts or less for a hot water heat demand, or

ii

500 kilowatts or less for a steam-based heat demand;

d

a hot water heat demand greater than 100 kilowatts, with no source of available waste heat greater than 100 kilowatts within the search radius from the centre of the demand installation as set out in the table below, and located within the connection distance from the centre of the demand installation;

e

a steam-based heat demand greater than 500 kilowatts, with no source of steam-based waste heat greater than 500 kilowatts within the search radius from the centre of the installation as set out in the table below, and located within the connection distance from the centre of the demand installation.

Search radius

Installation type	Thermal capacity of heat source/demand	Search radius (kilometres), measured from the centre of the installation
Hot water demand	>100 kilowatts and <3.9 megawatts	0.0038 x H, where H = thermal capacity in kilowatts
Hot water demand	≥ 3.9 megawatts	15
Steam demand	>500 kilowatts and <12.5 megawatts	0.0012 x H, where H = thermal capacity in kilowatts
Steam demand	≥ 12.5 megawatts	15
Waste heat source (hot water or steam)	>100 kilowatts and <3.9 megawatts	0.0038 x H, where H = thermal capacity in kilowatts
Waste heat source (hot water or steam)	≥ 3.9 megawatts	15

Determination of applications6

1

When considering an application for an environmental permit, or for a variation of an environmental permit, in accordance with this Schedule, the regulator must take into account—

a

the outcome of the cost-benefit analysis carried out in accordance with this Schedule, and

b

the outcome of any comprehensive assessment carried out in accordance with F153regulation 4(2)(a) of the Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014.

2

Subject to sub-paragraph (4), where a cost-benefit analysis carried out in accordance with paragraphs 2(1), 2(3) and 3(4) shows that benefits exceed costs, the regulator must ensure that any environmental permit that is granted or varied includes appropriate conditions that will ensure the operation of the installation in a manner shown by that analysis to be cost beneficial.

3

Subject to sub-paragraph (4), where a cost-benefit analysis carried out in accordance with paragraph 4(4) shows that benefits exceed costs, the regulator must ensure that any environmental permit that is granted or varied contains appropriate conditions that will ensure the operation of the installation, in conjunction with the utilisation of the waste heat from nearby installations, in a manner shown by that analysis to be cost beneficial.

4

Where the cost-benefit analysis carried out in accordance with paragraph 2(1), 2(3), 3(4) or 4(4) shows that benefits exceed costs, the requirement to impose appropriate conditions in accordance with sub-paragraphs (2) and (3) does not apply if, in individual cases, the regulator decides that there are imperative reasons of law, ownership or finance for them not to apply.

5

The regulator must within 2 months of its decision under sub-paragraph (4) submit a reasoned notification of that decision to the appropriate authority.

6

This Schedule does not apply to—

a

installations that need to be located close to a geological storage site approved under F154Chapter 3 of Part 1 of the Energy Act 2008 and other EU-derived domestic legislation which transposed Directive 2009/31/EC on the geological storage of carbon dioxide in relation to England and Wales;

b

any relevant installation within a nuclear site, within the meaning given in paragraph 1 of Part 2 of Schedule 23, and which is dedicated to the production of nuclear power;

c

mobile plant.

7

Nothing in this Schedule affects the application of the Industrial Emissions Directive to installations.

Aggregation of rated thermal input – existing installations7

1

This paragraph applies to a Part B installation that is a regulated facility solely as a result of the aggregation of the net rated thermal input of two or more appliances in accordance with paragraph 2 of Part B of Section 1.1 of Part 2 of Schedule 1.

2

A Part B installation that was in operation immediately prior to 21st March 2015 is taken to be an exempt facility for the purposes of regulation 8(2).

3

Sub-paragraph (2) ceases to apply to a Part B installation (so that it is no longer taken to be an exempt facility) if, after 21st March 2015, the energy plant of the Part B installation is substantially refurbished.

Existing applications for the grant or variation of an environmental permit8

1

This Schedule does not apply to an existing application.

2

In sub-paragraph (1), “existing application” mean a duly made application received by the regulator prior to 21st March 2015—

a

for the grant of an environmental permit pursuant to regulation 13, or

b

for the variation of an environmental permit pursuant to regulation 20(1).

SCHEDULE 25Flood risk activities and excluded flood risk activities

Regulation 35(1)

PART 1Flood risk activities

Application1

This Schedule applies in relation to every flood risk activity.

Interpretation2

1

In this Schedule—

“application” has the meaning given in paragraph 1 of Schedule 5;
“drainage” has the meaning given in section 113(1) of the 1991 Act M97 and “drainage work” is to be construed accordingly;
“emergency” means an occurrence which presents a risk of—
1. a
  serious flooding;
2. b
  serious detrimental impact on drainage;
3. c
  serious harm to the environment;
“flood defence structure” means any permanent works constructed, operated or maintained by the regulator for the purposes of managing flood risk;
“land” includes—
1. a
  water;
2. b
  land covered by water;
“main river” has the meaning given in section 113(1) of the 1991 Act M98;
“navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;
“non-tidal main river” means any part of a main river that is not a tidal main river;
“tidal main river” means that part of a main river downstream of the normal tidal limit;
“unauthorised flood risk activity” means a flood risk activity which is not authorised by an environmental permit but excluding any exempt or excluded flood risk activities;
“watercourse” has the meaning given in section 221 of the 1991 Act M99, as read with section 113(1) of that Act.

2

In this Schedule—

a

except in the definition of “sea defence” in paragraph 3, “bank” means any bank, berm, wall or embankment that adjoins or confines any watercourse and includes the side of the bank that stretches down to the mean low-water mark (in the case of a watercourse in which tidal waters flow) or to the bed of the watercourse (in any other case);

b

for the purposes of paragraph (a), in the case of a watercourse in which tidal waters flow, the bank includes any wall or embankment constructed or maintained by the regulator in the sea or an estuary for the purposes of or in connection with a river;

c

any reference to a distance of 8 metres or 16 metres from a river is a reference to that distance as measured horizontally from the foot of the bank on the landward side of the river;

d

any reference to a distance of 8 metres or 16 metres from any flood defence structure or culvert is a reference to that distance as measured from the foot of the flood defence structure or from the outside edge of the culvert, as the case may be.

Meaning of “flood risk activity”3

1

Subject to sub-paragraph (2), a “flood risk activity” means—

a

erecting any structure (whether temporary or permanent) in, over or under a main river;

b

the carrying out of any work of alteration or repair on any structure (whether temporary or permanent) in, over or under a main river if the work is likely to affect the flow of water in the main river or to affect any drainage work;

c

erecting or altering any structure (whether temporary or permanent) designed to contain or divert the floodwaters of any part of a main river;

d

any dredging, raising or taking of any sand, silt, ballast, clay, gravel or other materials from or off the bed or banks of a main river (or causing such materials to be dredged, raised or taken), including hydrodynamic dredging and desilting;

e

any activity which is likely to divert the direction of the flow of water into or out of a main river or alter the level of water in a main river;

f

any activity within 8 metres of a non-tidal main river (or within 8 metres of any flood defence structure or culvert on that river) or any activity within 16 metres of a tidal main river (or within 16 metres of any flood defence structure or culvert on that river) which is likely to—

i

cause damage to or endanger the stability of the banks of that river or of any culvert,

ii

cause damage to any river control works,

iii

alter, reconstruct, discontinue or remove any river control works,

iv

divert or obstruct flood waters or affect the drainage of that river, or

v

interfere with the regulator's access to or along that river;

g

any activity (other than an allowed activity) on a flood plain that is—

i

more than 8 metres from a non-tidal main river or more than 16 metres from a tidal main river, or

ii

4

In this paragraph—

“allowed activity” means—
1. a
  any activity that has been granted planning permission by a local planning authority or the Secretary of State under the Town and Country Planning Act 1990 M102, a certificate under section 191 of that Act or an established use certificate under section 192 of that Act, as originally enacted M103, which continues to have effect for the purposes of subsection (4) of section 192, or
2. b
  the construction of hay or straw stacks, clamps or manure (or similar) heaps, in accordance with accepted agricultural practice;
“conservancy authority” means any person who has a duty or power under any enactment to conserve, maintain or improve the navigation of a tidal water and is not a navigation or harbour authority;
“culvert” means a covered channel or pipe which prevents the obstruction of a main river or drainage path by an artificial construction;
“harbour authority” has the meaning given in section 313 of the Merchant Shipping Act 1995 M104, other than a navigation authority;
“remote defence” means any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river, other than any berm, wall or embankment which is a bank within the meaning of paragraph 2(2);
“river control works” means any structure or appliance used for measuring or regulating—
1. a
  the level of water in a main river,
2. b
  the flow of water in, into or out of, a main river, or
3. c
  the drawing of water from, or the delivering of water into, a main river,
and includes any sluices, flood gates, lashers, valves, paddles, penstocks, locks, weirs, dams, pumps, pumping machinery and pipes;
“sea defence” includes any bank, wall, embankment (and any berm, counterwall or cross-wall connected to any such bank, wall or embankment), barrier, tidal sluice and other defence, whether natural or artificial, against the inundation of land by sea water or tidal water, including natural or artificial high ground which forms part of or makes a contribution to the efficiency of the defences of the regulator's area against flooding, but excludes any sea defence works which are for the time being maintained by a coast protection authority under the provisions of the Coast Protection Act 1949 M105 or by any local authority or any navigation, harbour or conservancy authority.

b

access by the regulator to any structure, works or watercourse, including access to any surrounding land where this is necessary to access the structure, works or watercourse.

detrimental impact on drainage or risk of detrimental impact on drainage.

the regulator has served a notice on A, but A does not comply with the remediation notice within the time specified in the notice, or

b

the regulator determines that it is not possible or practical to serve a remediation notice on A,

the regulator may serve a remediation notice on any other person who appears to the regulator to have the necessary authority to take the steps specified in the notice.

5

Where a notice is served under sub-paragraph (4), sub-paragraphs (2) and (3) apply as if the references in those sub-paragraphs to “A” are references to the person on whom a notice under sub-paragraph (4) is served.

Where the regulator determines that it is not possible or practical to serve a notice of intent on A, the regulator may serve the notice on any other person who it appears to the regulator may be affected.

6

Where a notice is served under sub-paragraph (5), sub-paragraph (4)(c) applies as if the reference in that sub-paragraph to “A” is a reference to the person on whom a notice under sub-paragraph (5) is served.

7

The regulator may recover from A, or a person served with a notice under sub-paragraph (5), the costs of any steps taken by the regulator under sub-paragraph (1).

Protected undertakings, railways and bridges10

A licensable marine activity in England.

2

For the purposes of this paragraph, the specific conditions are that—

a

an application for a marine licence has been made in respect of that activity,

b

the Agency has received notice that the application has been made,

c

in view of the terms and conditions that will be included in the marine licence, the Agency considers that an environmental permit is not necessary, and

d

a notice to that effect has been issued by the Agency to the applicant.

A licensable marine activity in Wales4

1

A licensable marine activity in Wales.

2

For the purposes of this paragraph, the specific condition is that an application for a marine licence has been made in respect of that activity.

F72Ladders, scaffold towers and other similar apparatus5

1

The erection and use of laddersF77, scaffold towers and other similar apparatus used for access, maintenance or repair (“equipment”).

2

For the purposes of this paragraph, the specific conditions are—

a

the suitability of river conditions is reviewed by the operator each working day,

b

the equipment is erected on each working day on which it is required, and

c

the equipment is removed at the end of each working day and is stored outside the river and its banks.

Service crossings within an existing structure6

1

The construction and use of service crossings within an existing structure.

2

For the purposes of this paragraph, the specific conditions are—

a

the crossing is entirely within the original profile of the existing structure,

b

the regulator has not sent a notification to the landowner that the structure has been identified for removal or modification in order to achieve the F155environmental objectives in relation to a river basin district,

c

equipment associated with the works is not stored on the bed or banks of the main river, and

d

no works are carried out from the main river or from the banks of the main river.

Flood protection devices attached to buildings7

1

The attachment of a flood protection device directly to a building in order to protect the interior of that building.

2

For the purposes of this paragraph, the specific condition is that the flood protection provided by the device extends only to the building to which the device is fitted.

Minor works on or affecting bridges and culverts8

1

The carrying out of minor works on or affecting bridges and culverts for highways and public rights of way (“minor works”).

2

For the purposes of this paragraph, the specific conditions are—

a

the minor works do not affect, or have the potential to affect, the bed, banks, water level, normal flow or flood flow in the main river,

b

equipment associated with the minor works is not stored on the bed or banks of the main river, and

c

no works are carried out from the main river or from the banks of the main river.

Fencing9

1

The erection of fencing.

2

For the purposes of this paragraph, the specific conditions are—

a

the fencing is not located on the bed or banks of the main river, and

b

the fencing is constructed of—

i

post and rail,

ii

post and wire mesh of at least 100 mm spacing, or

iii

post and wire strands.

Fish traps10

1

d

the works are completed, including refilling of the borehole or pit, within 48 hours.

F6SCHEDULE 25AMedium Combustion Plants: Medium Combustion Plant Directive

Regulation 35(1)

Annotations:

Amendments (Textual)

Schs. 25A, 25B inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 16

PART 1General

Application1

This Schedule applies—

a

in relation to every new medium combustion plant from 20th December 2018,

b

in relation to every existing medium combustion plant from the date specified in regulation 12(1A)(b) or (c), as appropriate.

Interpretation2

1

In this Schedule—

“existing medium combustion plant” means a medium combustion plant—
1. a
  put into operation before 20th December 2018, or
2. b
  for which an environmental permit was granted before 19th December 2017, provided that the plant is put into operation no later than 20th December 2018;
“the MCPD” means the Medium Combustion Plant Directive;
“medium combustion plant” means a combustion plant with a rated thermal input equal to or greater than 1 megawatt but less than 50 megawatts, and any combination of combustion plants referred to in article 2(2) or article 4 of the MCPD, provided that—
1. a
  it does not fall within Article 2(3) or (4) of the MCPD,
2. b
  it is not installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea,
3. c
  it is not installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013;
“new medium combustion plant” means a medium combustion plant which is not an existing medium combustion plant.

Article 6(2);

f

Article 6(7);

g

Article 6(13);

h

Article 7 (except Article 7(8));

i

Article 8(2) and (3);

j

Article 9.

2

In exercising its relevant functions, the regulator must ensure that there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in section 3(1) of the Clean Air Act 1993.

3

In exercising its relevant functions so as to ensure compliance with Article 6(1), (2), (7) or (13) of the MCPD, the regulator must ensure that environmental permits include emission limit values set in accordance with the provisions of Part 2 of this Schedule.

PART 2Emission Limit Values

Interpretation of this Part5

In this Part—

F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Annex I” means Annex I of the MCPD;
“Annex II” means Annex II of the MCPD;
“biomass”, “dust”, “emission limit value”, “micro isolated system”, “nitrogen oxides”, “operating hours”, F158and “small isolated system” F159... have the respective meanings given in article 3 of the MCPD;
any reference to emissions expressed in mg/Nm³ is to those emissions defined in accordance with the first paragraph of Annex II.

Emission limit values6

1

Sub-paragraphs (2) to (4) apply, subject to paragraphs 7 to 11.

2

From 20th December 2018, emission limit values applicable to a new medium combustion plant, for emissions into the air of sulphur dioxide, nitrogen oxides and dust, are the corresponding emission limit values set out in Part 2 of Annex II (but with the modification that footnote (3) in Table 2 of that Part is to be read as if for “may be” there were substituted “are”).

3

From 1st January 2025, emission limit values applicable to an existing medium combustion plant with a rated thermal input greater than 5 megawatts, for emissions into the air of sulphur dioxide, nitrogen oxides and dust, are the corresponding emission limit values set out in Tables 2 and 3 of Part 1 of Annex II.

4

From 1st January 2030, emission limit values applicable to an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts, for emissions into the air of sulphur dioxide, nitrogen oxides and dust, are the corresponding emission limit values set out in Tables 1 and 3 of Part 1 of Annex II.

Limited operating hours – existing medium combustion plants7

1

An existing medium combustion plant which operates for no more than 500 operating hours per year, as a rolling average over a period of five years, is not required to comply with the emission limit values set out in Tables 1, 2, and 3 of Part 1 of Annex II, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.

2

An existing medium combustion plant is not required to comply with the emission limit values set out in Tables 1, 2, and 3 of Part 1 of Annex II where it operates for no more than 1,000 operating hours per year, as a rolling average over a period of five years to—

a

provide backup power production in islands connected to an electricity transmission system or distribution system, in the event of an interruption of the main power supply to an island; or

b

produce heat in cases of exceptionally cold weather events,

provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.

3

Subject to sub-paragraph (4), where an existing medium combustion plant firing solid fuels falls within sub-paragraph (1) or sub-paragraph (2), an emission limit value for dust of 200mg/Nm³ applies.

4

In the case of an existing medium combustion plant falling within sub-paragraph (2)(b), the emission limit value for dust in sub-paragraph (3) only applies during any period which has been notified by the appropriate authority to the regulator as an exceptionally cold weather event.

5

For the purposes of sub-paragraph (2)(a), “transmission system” and “distribution system” have the meanings given in section 4(4) of the Electricity Act 1989.

Limited operating hours - new medium combustion plants8

1

A new medium combustion plant which operates for no more than 500 operating hours per year, as a rolling average over a period of three years, is not required to comply with the emission limit values set out in Part 2 of Annex II, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.

2

Where a new medium combustion plant firing solid fuels falls within sub-paragraph (1), an emission limit value for dust of 100mg/Nm³ applies.

Small and micro isolated systems – existing medium combustion plants9

Existing medium combustion plants which are part of a small isolated system or a micro isolated system are only required to comply with the emission limit values set out in Tables 1, 2 and 3 of Part 1 of Annex II from 1st January 2030.

Plant at gas compressor stations – existing medium combustion plants10

An existing medium combustion plant—

a

with a rated thermal input greater than 5 megawatts; and

b

which is used to drive gas compressor stations required to ensure the safety and security of a national gas transmission system,

is only required to comply with the emission limit values for nitrogen oxides set out in Table 3 of Part 1 of Annex II from 1st January 2030.

Temporary derogations – existing and new medium combustion plants11

1

This sub-paragraph applies in relation to a medium combustion plant which normally uses low sulphur fuel, where the operator is unable to comply with the relevant emission limit values for sulphur dioxide in paragraph 6 because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

2

Where sub-paragraph (1) applies, the regulator may grant a derogation from the obligation to comply with those emission limit values for such period, up to a maximum of six months, as the operator satisfies the regulator is justified under the circumstances.

3

This sub-paragraph applies in relation to a medium combustion plant using only gaseous fuel where—

a

the plant has to resort exceptionally to the use of other fuels because of an interruption in the supply of gas; and

b

as a result of using those other fuels, the plant would need to be equipped with secondary abatement equipment in order to comply with the relevant emission limit values for sulphur dioxide, nitrogen oxides and dust in paragraph 6.

4

Where sub-paragraph (3) applies, the regulator may grant a derogation from the obligation to comply with the relevant emission limit values in paragraph 6—

a

for a maximum of 10 days; or

b

for such longer period as the operator satisfies the regulator is justified under the circumstances.

5

Where the regulator grants a derogation under sub-paragraph (2) or (4), the regulator must inform the appropriate authority immediately.

SCHEDULE 25BSpecified generators

Regulation 35(1)

Application1

This Schedule applies in relation to every specified generator from the permitting date.

Interpretation – specified generators2

1

In this Schedule—

“generator” means any combustion plant which is used for the purpose of generating electricity, but does not include any generator that is mobile unless it is connected to—
1. a
  an electricity transmission system or distribution system, or
2. b
  other apparatus, equipment or appliances at a site, and is performing a function that could be performed by a generator that is not mobile;
“specified generator” means—
1. a
  a generator, other than an excluded generator, with a rated thermal input—
  1. i
    more than or equal to 1 megawatt and less than 50 megawatts, or
  2. ii
    in the case of a generator used to meet a capacity agreement or an agreement to provide balancing services, less than 50 megawatts;
2. b
  where two or more generators falling with paragraph (a)(i) or (ii) are operated—
  1. i
    on the same site,
  2. ii
    by the same operator, and
  3. iii
    for the same purpose,
  those generators together, provided that the rated thermal input of those generators together is less than 50 megawatts; or
3. c
  where two or more generators, other than excluded generators—
  1. i
    are operated as set out in paragraph (b)(i) to (iii), and
  2. ii
    together have a rated thermal input more than or equal to 1 megawatt and less than 50 megawatts, even if one or more of the generators has a rated thermal input of less than 1 megawatt,
  those generators together.

2

For the purposes of paragraph (1)—

“excluded generator” means—
1. a
  generators subject to the provisions of Chapter II or Chapter III of the Industrial Emissions Directive,
2. b
  generators operating with a defined nuclear safety role under a nuclear site licence issued by the Office for Nuclear Regulation,
3. c
  back-up generators operated for the purpose of testing for no more than 50 hours per year,
4. d
  generators installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea,
5. e
  generators installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013;
“mobile”, in relation to a generator, means designed to move or be moved whether on roads or other land.

3

In sub-paragraph (2), “offshore platform” means any fixed or floating structure which—

a

is used for the purposes of or in connection with the production of petroleum, and

b

in the case of a floating structure, is maintained on a station during the course of production,

4

In sub-paragraph (3), “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.

Interpretation – relevant dates and permitting dates3

1

The “relevant date” in relation to a generator means—

a

1st January 2019, in the case of a Tranche B generator;

b

1st October 2019, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—

i

has an emission of nitrogen oxides of equal to or greater than 500mg/Nm³, and

ii

operates for more than 50 hours per year;

c

1st January 2025, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—

i

has an emission of nitrogen oxides of less than 500mg/Nm³, or

ii

operates for less than or equal to 50 hours per year;

d

1st January 2030, in the case of a Tranche A generator with a rated thermal input equal to or less than 5 megawatts.

2

The “permitting date”—

a

in relation to a specified generator falling within paragraph 2(1)(a), is the relevant date in relation to that specified generator;

b

in relation to a specified generator falling within paragraph 2(1)(b) or (c), is the earliest of the relevant dates in relation to the generators comprising that specified generator.

3

For the purposes of sub-paragraph (1)—

“Tranche A generator” means a generator—
1. a
  with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts—
  1. i
    which came into operation before 1st December 2016,
  2. ii
    which is the subject of a capacity agreement arising from the 2014 or 2015 capacity auctions (whether or not the generator came into operation before 1st December 2016), or
  3. iii
    for which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2016;
2. b
  with a rated thermal input of less than 1 megawatt—
  1. i
    which is the subject of a capacity agreement arising from the 2014, 2015 or 2016 capacity auctions (whether or not the generator came into operation before 1st December 2016),
  2. ii
    for which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2017; or
  3. iii
    which is the subject of an agreement to provide balancing services entered into before 31st October 2017,
provided that a generator ceases to be a Tranche A generator if it is the subject of a capacity agreement, or an agreement for provision of balancing services, where that agreement is entered into after 31st October 2017 and remains in force after 31st December 2018;
“Tranche B generator” means any generator which is not a Tranche A generator or an excluded generator (and includes a specified generator which has ceased to be a Tranche A generator).

4

For the purposes of sub-paragraph (1), in the case of a generator which is comprised in a specified generator falling within paragraph 2(1)(b) or (c), the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator.

Interpretation - general4

In this Schedule—

“back-up generator” means a generator operated for the sole purpose of maintaining power supply at a site during an on-site emergency;
“balancing services” means any services procured by the transmission system operator in order to balance demand and supply, and to ensure the security and quality of electricity supply, across the national transmission system for Great Britain;
“capacity agreement” has the meaning given in regulation 30 of the Electricity Capacity Regulations 2014;
“capacity auction” means an auction under Part 4 of the Electricity Capacity Regulations 2014;
“distribution system” has the meaning given in section 4(4) of the Electricity Act 1989;
“emission limit value” means the maximum permissible quantity of a substance contained in the waste gases from a generator which may be discharged into the air during a given period;
“Feed-in Tariff preliminary accreditation application” means an application for preliminary accreditation made under Part 3 of the Feed-in Tariffs Order 2012;
“nitrogen oxides” means nitric oxide and nitrogen dioxide;
“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965;
“transmission system” has the meaning given in section 4(4) of the Electricity Act 1989;
“transmission system operator” means the person operating the national transmission system for Great Britain;
any reference to emissions expressed in mg/Nm³ is to those emissions defined in accordance with the first paragraph of Annex II of the Medium Combustion Plant Directive.

Environmental permit conditions: general5

1

Subject to paragraph 6, the regulator must exercise its relevant functions in relation to specified generators so as to ensure that they are operated, from the permitting date, in such a way that—

a

there is compliance with an emission limit value for nitrogen oxides of 190mg/Nm³;

b

where secondary abatement is required to ensure compliance with the requirement in paragraph (a), the emission limit value for nitrogen oxides is met—

i

in the case of a Tranche A generator or a Tranche B generator which was, but has ceased to be, a Tranche A generator, within 20 minutes of the specified generator commencing operation, or

ii

in the case of any other Tranche B generator, within 10 minutes of the specified generator commencing operation,

and in every case emissions must be monitored at least every three years;

c

there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in section 3(1) of the Clean Air Act 1993.

2

Where compliance with air quality aspects of an environmental quality standard requires stricter conditions for the operation of a specified generator, or a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c), from the permitting date the regulator must include additional or stricter measures in the permit to comply with those standards, including (if necessary) a stricter emission limit value than that specified in paragraph (1)(a).

3

In the case of a specified generator falling within paragraph 2(1)(b) or (c), the requirements of sub-paragraph (1) must be met by each generator comprising that specified generator only from the relevant date relating to that generator.

Exceptions to environmental permit conditions6

1

Paragraph 5 does not apply in relation to a specified generator falling within paragraph 2(1)(a), or a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c), that is—

a

used at a site which it is not reasonably practicable to connect to the distribution system;

b

a back-up generator in respect of which, in the opinion of the regulator, the operator has demonstrated a genuine need to carry out routine testing for more than 50 hours per year.

2

Paragraph 5 does not apply—

a

until 1st January 2025 in relation to a Tranche A generator not falling within sub-paragraph (1)—

i

with a rated thermal input greater than 5 megawatts,

ii

with nitrogen oxide emissions of 500mg/Nm³ or greater, and

iii

that operates for more than 50 hours per year;

b

in relation to a Tranche A generator—

i

with a rated thermal input greater than 5 megawatts,

ii

with nitrogen oxide emissions of 500mg/Nm³ or greater,

iii

that operates for more than 50 hours per year, and

iv

that is operated only for the purpose of a capacity agreement entered into before 1st December 2016,

for the period in which that capacity agreement remains in force, or until 1st January 2025, whichever is later.

3

Where a generator falls within sub-paragraph (1) or (2), the regulator must exercise its functions from the relevant date to ensure that the operation of the generator will not give rise to an exceedance of the limit values for nitrogen dioxide specified—

a

in the case of a generator operated in England, in Schedule 2 to the Air Quality Standards Regulations 2010, and

b

in the case of a generator operated in Wales, in Schedule 1 to the Air Quality Standards (Wales) Regulations 2010.

4

Paragraph 5 does not apply in relation to a Tranche A generator—

a

with a rated thermal input greater than 5 megawatts which—

i

has an emission of nitrogen oxides of less than 500mg/Nm³, or

ii

operates for no more than 50 hours per year; or

b

with a rated thermal input greater than or equal to 1 megawatt but no greater than 5 megawatts,

where it is operated only for the purpose of a capacity agreement entered into before 1st December 2016, during the period in which that capacity agreement remains in force.

5

Paragraph 5 does not apply in relation to a Tranche A generator with a rated thermal input of less than 1 megawatt where it is operated only for the purpose of a capacity agreement entered into before 31st January 2017, during the period in which that capacity agreement remains in force.

6

For the purposes of sub-paragraphs (2), (4) and (5), a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c) is deemed to have the total rated thermal input of all the generators comprised in that specified generator.

SCHEDULE 26Enforcement undertakings

Regulation 39(6)

Enforcement undertakings1

1

The Agency may accept an enforcement undertaking from a person in a case where the Agency has reasonable grounds to suspect that the person has committed any of the following offences in relation to a regulated facility or an exempt facility that has been or is being operated in England—

a

regulation 38(1) (contravening regulation 12(1) or knowingly causing or knowingly permitting the contravention of regulation 12(1)(a)),

b

regulation 38(2) (failing to comply with, or contravening, an environmental permit condition),

c

regulation 38(4)(a) (failing to comply with a notice under regulation 61(1) requiring the provision of information),

d

regulation 38(5)(a) (failing to comply with the record-keeping requirements in paragraph 17(3) or (4) of Schedule 2), or

e

regulation 38(6) (acts of third parties) so far as it relates to an offence listed in paragraphs (a) to (d).

F142

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

For the purposes of this Schedule, an “enforcement undertaking” is a written undertaking to take such action as may be specified in the undertaking within such period as may be so specified.

Contents of an enforcement undertaking2

1

An enforcement undertaking must specify—

a

action to secure that the offence does not continue or recur,

b

action to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed,

c

action (including the payment of a sum of money) to benefit any person affected by the offence, or

d

where restoration of the harm arising from the offence is not possible, action that will secure equivalent benefit or improvement to the environment.

2

It must specify the period within which the action must be completed.

3

It must include—

a

a statement that the undertaking is given in accordance with this Schedule;

b

the terms of the undertaking;

c

how and when a person is considered to have discharged the undertaking.

4

The enforcement undertaking may be varied, or the period within which the action must be completed may be extended, if both parties agree in writing.

Acceptance of an enforcement undertaking3

If the Agency has accepted an enforcement undertaking then, unless the person from whom the undertaking is accepted has failed to comply with the undertaking or any part of it, that person may not at any time be convicted of the offence in respect of the act or omission to which the undertaking relates.

General provisions on enforcement undertakings4

1

The Agency must establish and publish the procedure for entering into an enforcement undertaking.

2

The Agency must consult such persons as it considers appropriate before doing so.

3

When it accepts an undertaking, the Agency may publish it in whatever manner it sees fit.

Discharge of an enforcement undertaking5

1

If the Agency is satisfied that an enforcement undertaking has been complied with, it must issue a certificate to that effect.

2

The Agency may require the person who has given the undertaking to provide sufficient information to determine that the undertaking has been complied with.

3

The person who gave the undertaking may at any time apply for such a certificate.

4

The Agency must make a decision as to whether to issue such a certificate, and give written notice of the decision to the applicant, within 14 days of such an application.

5

The person to whom the notice is given may appeal against a decision not to issue a certificate on the grounds that the decision—

a

was based on an error of fact;

b

was wrong in law;

c

was unfair or unreasonable;

d

was wrong for any other reason.

Inaccurate, incomplete or misleading information6

1

A person who has given inaccurate, misleading or incomplete information in relation to an enforcement undertaking is regarded as not having complied with it.

2

The Agency may by notice in writing revoke a certificate issued under paragraph 5 if it was issued on the basis of inaccurate, incomplete or misleading information.

The Agency must from time to time publish the cases in which an enforcement undertaking has been entered into.

2

This paragraph does not apply in cases where the Agency considers that publication would be inappropriate.

SCHEDULE 27Public registers

Regulation 46(1)

The regulator may omit from its public register any representation which substantially duplicates a representation already included in the public register, but the regulator must then include on the register a statement of the number of representations that have been omitted on this basis.

5

If the regulator omits from its public register information referred to in sub-paragraph (1)(h) on the grounds that it is commercially or industrially confidential, the regulator must include in the public register a statement indicating whether or not there has been compliance with any environmental permit condition related to that information and requiring compliance with emission limit values.

Information no longer relevant for public participation2

A regulator is not required to keep in its public register information which is no longer relevant for the purposes of public participation required under these Regulations.

Formal cautions3

A regulator must remove details of any formal caution from its public register 5 years after the caution was given.

Spent convictions of individuals4

A regulator must remove details of any conviction from its public register once the rehabilitation period for a sentence has ended in accordance with section 5 of the Rehabilitation of Offenders Act 1974 M109.

SCHEDULE 28Revocations

Regulation 73

Annotations:

Marginal Citations

M110

Amended by S.I. 2010/675.

M111

Amended by S.I. 2010/675.

M112

Amended by S.I. 2016/58 (W. 28).

M113

Amended by S.I. 2015/483.

(1)	(2)	(3)
Regulations revoked	References	Extent of revocation
The 2007 Regulations	S.I. 2007/3538	The whole Regulations, except—
		regulations 1, 67, 72(3), (4), (8), (9) and (11) and 73 and Schedule 21, and
		for the purpose of any of those provisions, any definition in Part 1.
The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 M110	S.I. 2009/1799	The whole Regulations, except regulations 1 and 28(1) and Schedule 2.
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 M111	S.I. 2009/3381	The whole Regulations, except regulations 1 and 13(1) and (3).
The 2010 Regulations	S.I. 2010/675	The whole Regulations, except—
		regulations 1, 67, 107 and Schedule 26, and
		for the purpose of any of those provisions, any definition in Part 1.
The Environmental Permitting (England and Wales) (Amendment) Regulations 2010	S.I. 2010/676	The whole Regulations.
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2010	S.I. 2010/2172	The whole Regulations.
The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 M112	S.I. 2011/2043	The whole Regulations, except regulations 1 to 5, 9 and 16 and Schedule 2.
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2011	S.I. 2011/2933	The whole Regulations.
The Environmental Permitting (England and Wales) (Amendment) Regulations 2012	S.I. 2012/630	The whole Regulations, except regulations 1 to 3, 19(1) and (2), 20 and 21.
The Environmental Permitting (England and Wales) (Amendment) Regulations 2013	S.I. 2013/390	The whole Regulations, except regulations 1 to 9 and 57.
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2013 M113	S.I. 2013/766	Regulation 2(3).
The Environmental Permitting (England and Wales) (Amendment) Regulations 2014	S.I. 2014/255	The whole Regulations.
The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014	S.I. 2014/2852	The whole Regulations, except regulations 1 to 4.
The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2015	S.I. 2015/324	The whole Regulations, except for regulations 1 and 2(1) and (2).
The Environmental Permitting (England and Wales) (Amendment) Regulations 2015	S.I. 2015/918	The whole Regulations, except for regulations 1 and 2.
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2015	S.I. 2015/934	The whole Regulations.
The Environmental Permitting (England and Wales) (Amendment) (No. 3) Regulations 2015	S.I. 2015/1756	The whole Regulations.
The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2016	S.I. 2016/149	The whole Regulations.
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016	S.I. 2016/475	The whole Regulations, except for regulations 1 to 7, 29 and 31 to 34 and Schedule 3.

SCHEDULE 29Consequential amendments

Regulation 75

PART 1Public General Acts

Continental Shelf Act 19641

In section 7 of the Continental Shelf Act 1964 M114, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Nuclear Installations Act 19652

1

The Nuclear Installations Act 1965 M115 is amended as follows.

2

In section 3(14)(a) M116, for “the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

3

In section 4 M117—

a

in subsection (3)(d), for “the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”;

b

in subsection (7)(a), for “the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Control of Pollution Act 19743

In section 30(5) of the Control of Pollution Act 1974 M118—

a

in the words before paragraph (a), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”;

b

in paragraph (b), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Salmon and Freshwater Fisheries Act 19754

In section 5(5)(c) of the Salmon and Freshwater Fisheries Act 1975 M119, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Highways Act 19805

In section 339(1A) of the 1980 Act M120, for “the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Environmental Protection Act 19906

1

The 1990 Act is amended as follows.

2

In section 28(2) M121, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

3

In section 29(12) M122, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

4

For section 33(1B) M123, substitute—

1B
Subsection (1) does not apply in relation to any part of a waste operation that—
a
is the subject of a marine licence under the Marine and Coastal Access Act 2009 M124; or
b
does not require such a licence by virtue of any provision made by or under section 74, 75 M125 or 77 of that Act and does not involve the dismantling of a ship that is waste.

5

In section 78YB(5) M126, in the definition of “enforcement action”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

6

In section 78YC(b) M127, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

7

In section 142(7) M128, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Atomic Weapons Establishment Act 19917

In the Atomic Weapons Establishment Act 1991 M129—

a

in the heading before paragraph 10C of the Schedule M130, for “Environmental Permitting (England and Wales) Regulations 2010” substitute “ Environmental Permitting (England and Wales) Regulations 2016 ”;

b

in paragraph 10C(1) of the Schedule, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Water Industry Act 19918

1

The Water Industry Act 1991 M131 is amended as follows.

2

In section 117(5)(a) M132, for “the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

3

In section 138(1B)(a) M133, in the words after sub-paragraph (ii), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Water Resources Act 19919

In section 221(1) of the 1991 Act M134, in the definition of “Environmental Permitting Regulations”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Water Consolidation (Consequential Provisions) Act 199110

In paragraph 30(1)(a) of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 M135, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Clean Air Act 199311

In section 41A of the Clean Air Act 1993 M136—

a

in subsection (2)(c), for “paragraph 7 of Schedule 2” substitute “ paragraph 11 of Schedule 2 ”;

b

in subsection (4), in the definition of “the Environmental Permitting Regulations”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Goods Vehicles (Licensing of Operators) Act 199512

In paragraph 5(ia) of Schedule 2 to the Goods Vehicles (Licensing of Operators) Act 1995 M137, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Environment Act 199513

1

The 1995 Act is amended as follows.

2

In section 42(3)(b) M138, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

3

In section 56(1) M139, in paragraph (j) of the definition of “environmental licence” in the application of Part 1 of the 1995 Act in relation to an appropriate agency, for “the Environmental Permitting (England and Wales) Regulations 2007” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

4

In paragraph 4(3)(d) of Schedule 20 M140, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Petroleum Act 199814

In section 4B(8) of the Petroleum Act 1998 M141, in the definition of “environmental permit”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Finance Act 200015

In paragraph 51(6) of Schedule 6 to the Finance Act 2000 M142, in the definition of “primary activity”, in the table—

a

in the heading before entry 1, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

b

in entry 5(1), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”;

c

in entry 5(2)(a), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Energy Act 200416

1

The Energy Act 2004 M143 is amended as follows.

2

In section 10(2)(b) M144, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

3

In section 37(7) M145, in the definition of “radioactive waste”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Planning Act 200817

In section 30A(7) of the Planning Act 2008 M146, in the definition of “radioactive waste”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Energy Act 200818

In section 59(2)(d) of the Energy Act 2008 M147, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Scrap Metal Dealers Act 201319

In section 22(7)(a) of the Scrap Metal Dealers Act 2013 M148, for “the Environmental (Permitting) Regulations 2010 (S.I. 2010/675)” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

Defence Reform Act 201420

In the Defence Reform Act 2014 M149—

a

in the heading before paragraph 6 of Schedule 1, for “Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)” substitute “ Environmental Permitting (England and Wales) Regulations 2016 ”;

b

in paragraph 6 of Schedule 1, for “The Environmental Permitting (England and Wales) Regulations 2010” substitute “ The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) ”.

PART 2Subordinate legislation

Deposits in the Sea (Exemptions) Order 19851

In article 4(2) of the Deposits in the Sea (Exemptions) Order 1985 M150, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Town and Country Planning (Use Classes) Order 19872

In article 3(8) of the Town and Country Planning (Use Classes) Order 1987 M151, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Civil Jurisdiction (Offshore Activities) Order 19873

In the Civil Jurisdiction (Offshore Activities) Order 1987 M152—

a

in the heading of article 4, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

b

in article 4, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Urban Waste Water Treatment (England and Wales) Regulations 19944

In regulation 2 of the Urban Waste Water Treatment (England and Wales) Regulations 1994 M153, in the definition of “Environmental Permitting Regulations”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Landfill Tax Regulations 19965

In regulation 33(4)(h) of the Landfill Tax Regulations 1996 M154, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Water Protection Zone (River Dee Catchment) Designation Order 19996

In article 2 of the Water Protection Zone (River Dee Catchment) Designation Order 1999 M155—

a

in the definition of “catchment control site”, for “the Environmental Permitting (England and Wales) Regulations 2007” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

b

in paragraph (ii) of the definition of “controlled substance”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Ionising Radiations Regulations 19997

In regulation 30(2)(a) of the Ionising Radiations Regulations 1999 M156, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 20008

In Schedule 3 to the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000 M157, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Non-automatic Weighing Instruments Regulations 20009

In regulation 28(7) of the Non-automatic Weighing Instruments Regulations 2000 M158, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Control of Pollution (Oil Storage) (England) Regulations 200110

In regulation 2(2)(a) of the Control of Pollution (Oil Storage) (England) Regulations 2001 M159, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Weighing Equipment (Automatic Rail-weighbridges) Regulations 200311

In Schedule 3 to the Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003 M160, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

End-of-Life Vehicles Regulations 200312

In regulation 2 of the End-of-Life Vehicles Regulations 2003 M161, in the definition of “authorised treatment facility”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Weighing Equipment (Automatic Catchweighing Instruments) Regulations 200313

In Schedule 3 to the Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003 M162, under “Definition of waste”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Water Environment (Water Framework Directive) (England and Wales) Regulations 200314

For paragraph 17 of Schedule 2 to the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 M163, substitute—

17
The Environmental Permitting (England and Wales) Regulations 2016.

Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 200415

For paragraph 14 of Schedule 2 to the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 M164 substitute—

14
The Environmental Permitting (England and Wales) Regulations 2016.

Hazardous Waste (England and Wales) Regulations 200516

In regulation 5(1) of the Hazardous Waste (England and Wales) Regulations 2005 M165, in the definition of “the Environmental Permitting Regulations”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Hazardous Waste (Wales) Regulations 200517

1

The Hazardous Waste (Wales) Regulations 2005 M166 are amended as follows.

2

In regulation 5(1)—

a

in the English language text, for the definition of “the Environmental Permitting Regulations” substitute—

“the Environmental Permitting Regulations” (“y Rheoliadau Trwyddedu Amgylcheddol”) means the Environmental Permitting (England and Wales) Regulations 2016;

b

in the Welsh language text—

i

in the appropriate place insert the following definitions—

mae i “esemptiad sylweddau ymbelydrol” (“radioactive substances exemption”) yr ystyr a roddir i “radioactive substances exemption” yn rheoliad 2(1) o'r Rheoliadau Trwyddedu Amgylcheddol;

mae i “gweithgaredd sylweddau ymbelydrol” (“radioactive substances activity”) yr ystyr a roddir i “radioactive substances activity” yn Atodlen 23 i'r Rheoliadau Trwyddedu Amgylcheddol;

mae i “gwastraff ymbelydrol” (“radioactive waste”) yr ystyr a roddir i “radioactive waste” yn Atodlen 23 i'r Rheoliadau Trwyddedu Amgylcheddol;

ystyr “y Rheoliadau Trwyddedu Amgylcheddol” (“the Environmental Permitting Regulations”) yw Rheoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2016;

mae i “trwydded amgylcheddol” (“environmental permit”) yr ystyr a roddir i “environmental permit” yn y Rheoliadau Trwyddedu Amgylcheddol;

ii

for the definition of “esemptiad cofrestredig” (“registered exemption”) substitute—

ystyr “esemptiad cofrestredig” (“registered exemption”) yw gwaith gwastraff esempt o fewn ystyr y Rheoliadau Trwyddedu Amgylcheddol;

3

In regulation 15, in the Welsh language text, for paragraph (1) substitute—

1
Mae'r rheoliad hwn yn gymwys i wastraff ymbelydrol—
a
pan nad yw gweithgaredd sylweddau ymbelydrol mewn cysylltiad â'r gwastraff ymbelydrol hynny yn gofynni trwydded amgylcheddol yn rhinwedd esemptiad sylweddau ymbelydrol; a
b
pan fod gan y gwastraff ymbelydrol un neu fwy o nodweddion peryglys yn codi heb fod o'i natur ymbelydrol.

4

In regulation 22(2), in the Welsh language text, for “thrwydded rheoli gwastraff” substitute “ thrwydded amgylcheddol ”.

5

In regulation 26(4), in the Welsh language text, in sub-paragraph (ch), for “baragraff 13 o Atodlen 4 i Reoliadau 1994” substitute “reoliad 34(2) o'r Rheoliadau Trwyddedu Amgycheddol”.

Measuring Instruments (Automatic Rail-weighbridges) Regulations 200618

In regulation 16(3) of the Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006 M167, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Measuring Instruments (Automatic Catchweighers) Regulations 200619

In regulation 18(5) of the Measuring Instruments (Automatic Catchweighers) Regulations 2006 M168, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 200620

In Part 1 of Schedule 5 to the Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006 M169, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 200621

In regulation 17(4) of the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 M170—

a

for “the Environmental Permitting (England and Wales) Regulations 2007” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

b

for “the 2007 Regulations”, in both places it occurs, substitute “ the 2016 Regulations ”.

Contaminated Land (England) Regulations 200622

1

The Contaminated Land (England) Regulations 2006 M171 are amended as follows.

2

In regulation 2(1)(e), omit “or by means of Part A(1) mobile plant”.

3

After regulation 2(1)(e) insert—

ea
land on which an activity has been carried on by means of Part A(1) mobile plant under a permit, where the activity did not solely consist of things being done which were required by way of remediation;

4

In regulation 2(4), for “and “Part A(1) mobile plant” have the same meanings as in the Environmental Permitting (England and Wales) Regulations 2010” substitute “ has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 ”.

5

After regulation 2(4) insert—

4A
In paragraph (1)(ea), “Part A(1) mobile plant” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2010 as those Regulations were in force on 26th February 2013 M172, and “permit” has the same meaning as “environmental permit” in those Regulations as at that date.

6

In paragraph 16 of Schedule 3, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 200623

In regulation 17(4) of the Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006 M173—

a

for “the Environmental Permitting (England and Wales) Regulations 2007” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

b

for “the 2007 Regulations”, in both places it occurs, substitute “ the 2016 Regulations ”.

Contaminated Land (Wales) Regulations 200624

1

The Contaminated Land (Wales) Regulations 2006 M174 are amended as follows.

2

In regulation 2—

a

in the English language text—

i

in paragraph (1)(e) omit “or by means of Part A(1) mobile plant”;

ii

after paragraph (1)(e) insert—

ea
land on which an activity has been carried on by means of Part A(1) mobile plant under a permit, where the activity did not solely consist of things being done which were required by way of remediation;

iii

in paragraph (4) for “and “Part A(1) mobile plant” have the same meanings as in the Environmental Permitting (England and Wales) Regulations 2010” substitute “ has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 ”;

iv

after paragraph (4) insert—

4A
In paragraph (1)(ea), “Part A(1) mobile plant” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2010 as those Regulations were in force on 26th February 2013, and “permit” has the same meaning as “environmental permit” in those Regulations as at that date.

b

in the Welsh language text—

i

in paragraph (1)(d), omit “neu trwy gyfrwng gwaith symudol Rhan A(1)”;

ii

after paragraph (1)(d) insert—

da
tir lle mae gweithgaredd wedi'i gynnal trwy gyfrwng gwaith symudol Rhan A(1) o dan drwydded, pan nad yw'r gweithgaredd yn cynnwys pethau sy'n cael eu gwneud ac y mae'n ofynnol eu gwneud o ran gwaith adfer;

iii

for paragraph (4) substitute—

4
Ym mharagraff (1)(d), mae i “gweithfan Rhan A(1)” yr ystyr a roddir i “Part A(1) installation” yn Rheoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2016, ac mae i “trwydded” yr ystyr a roddir i “environmental permit” yn y Rheoliadau hynny.

iv

after paragraph (4) insert—

4A
Ym mharagraff (1)(da), mae i “gwaith symudol Rhan A(1)” yr ystyr a roddir i “Part A(1) mobile plant” yn Rheoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2010 fel yr oedd mewn grym ar 26 Chwefror 2013, ac mae i “trwydded” yr ystyr a roddir i “environmental permit” yn y Rheoliadau hynny ar y dyddiad hwnnw.

3

In paragraph 16 of Schedule 3—

a

in the English language text, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

b

in the Welsh language text—

i

in the words before sub-paragraph (a), for “gydsyniad a roddwyd o dan Bennod 2 o Ran 3 o Ddeddf Adnoddau Dwr 1991 (troseddau llygru)” substitute “ trwydded amgylcheddol a roddir o dan reoliad 13 o Reoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2016 ”;

ii

in sub-paragraph (a), for “cydsyniad” substitute “ trwydded amgylcheddol ”.

Producer Responsibility Obligations (Packaging Waste) Regulations 200725

In regulation 2(2) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M175, in the definition of “relevant authorisation”, for “the Environmental Permitting (England and Wales) Regulations 2010”, in both places it occurs, substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Persistent Organic Pollutants Regulations 200726

In regulation 4(1)(b) and (2) of the Persistent Organic Pollutants Regulations 2007 M176, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Cremation (England and Wales) Regulations 200827

In regulation 29(2) of the Cremation (England and Wales) Regulations 2008 M177, in the definitions of “incinerated” and “permit”, for “the Environmental Permitting (England and Wales) Regulations 2007” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Co-ordination of Regulatory Enforcement (Enforcement Action) Order 200928

In regulation 2(1) of the Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009 M178—

a

in paragraph (m)(vi), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

b

in paragraph (n), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Waste Batteries and Accumulators Regulations 200929

In paragraph 12(2) of Schedule 4 to the Waste Batteries and Accumulators Regulations 2009 M179, for “the Environmental Permitting (England and Wales) Regulations 2010”, in both places it occurs, substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

in the Welsh language text, for “Reoliadau Caniatáu Amgylcheddol (Cymru a Lloegr) 2010” substitute “ Reoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2016 ”.

Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 200931

1

The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 M181 are amended as follows.

2

In regulation 2—

a

for the definition of “the 2010 Regulations” substitute—

“the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016;

b

for the definition of “competent authority” substitute—

“competent authority” means, in relation to an area, the fire and rescue authority under the Fire and Rescue Services Act 2004 M182 for that area;

c

in the definition of “operator”, for “the Environmental Permitting (England and Wales) Regulations 2007” substitute “ the 2016 Regulations ”;

d

in the definition of “regulator”, for “the 2010 Regulations”, in both places it occurs, substitute “ the 2016 Regulations ”.

3

In regulation 9(3), for “the Environmental Permitting (England and Wales) Regulations 2007” substitute “ the 2016 Regulations ”.

Corporation Tax (Land Remediation Relief) Order 200932

In article 4(2)(b) of the Corporation Tax (Land Remediation Relief) Order 2009 M183, for paragraph (i) substitute—

i
the Environmental Permitting (England and Wales) Regulations 2016,

Mercury Export and Data (Enforcement) Regulations 201033

In regulation 5(4)(a) of the Mercury Export and Data (Enforcement) Regulations 2010 M184, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Conservation of Habitats and Species Regulations 2010F434

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

River Mersey (Mersey Gateway Bridge) Order 201135

In article 14(7) of the River Mersey (Mersey Gateway Bridge) Order 2011 M185, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Waste (England and Wales) Regulations 201136

1

The Waste (England and Wales) Regulations 2011 M186 are amended as follows.

2

After regulation 29(5A)(z), insert—

z1
regulation 38 of the Environmental Permitting (England and Wales) Regulations 2016.

The Renewable Heat Incentive Scheme Regulations 2011 M189 are amended as follows.

2

In regulation 2(1), in the definition of “environmental permit”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

3

In paragraph 1(2)(m) of Schedule 1, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 201240

In regulation 3(4) of the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 M190, for paragraph (a) of the definition of “solvent emission activity” substitute—

a
Schedule 14 to the Environmental Permitting (England and Wales) Regulations 2016;

Ipswich Barrier Order 201241

In article 13(4) of the Ipswich Barrier Order 2012 M191, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Network Rail (Ipswich Chord) Order 201242

In article 13(7) of the Network Rail (Ipswich Chord) Order 2012 M192, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Network Rail (North Doncaster Chord) Order 201243

In article 20(7) of the Network Rail (North Doncaster Chord) Order 2012 M193, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Chiltern Railways (Bicester to Oxford Improvements) Order 201244

In article 19(7) of the Chiltern Railways (Bicester to Oxford Improvements) Order 2012 M194, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Climate Change Agreements (Eligible Facilities) Regulations 201245

In paragraphs 23 and 36(a) of the Schedule to the Climate Change Agreements (Eligible Facilities) Regulations 2012 M195, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Greenhouse Gas Emissions Trading Scheme Regulations 201246

For paragraph 1(2)(b)(i) of Schedule 4 to the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (permits) M196, substitute—

i
the Environmental Permitting (England and Wales) Regulations 2016;

Crossrail (Kensal Green) Order 201347

In article 5(7) of the Crossrail (Kensal Green) Order 2013 M197, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Brechfa Forest West Wind Farm Order 201348

In article 12(7) of the Brechfa Forest West Wind Farm Order 2013 M198, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Hinkley Point C (Nuclear Generating Station) Order 201349

In article 21(7) of the Hinkley Point C (Nuclear Generating Station) Order 2013 M199, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 201350

In article 16(7) of the Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 M200, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Leeds Railway Station (Southern Entrance) Order 201351

In article 13(7) of the Leeds Railway Station (Southern Entrance) Order 2013 M201, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Croxley Rail Link Order 201352

In article 13(7) of the Croxley Rail Link Order 2013 M202, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 201353

1

The Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013 M203 are amended as follows.

2

In regulation 3(b), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

3

In Part 2 of the Schedule, after paragraph (b), insert—

bb
An offence under regulation 38 of the Environmental Permitting (England and Wales) Regulations 2016

Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 201354

In article 20(7) of the Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 M204, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

M1 Junction 10a (Grade Separation) Order 201355

In article 16(7) of the M1 Junction 10a (Grade Separation) Order 2013 M205, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Network Rail (Redditch Branch Enhancement) Order 201356

In article 13(7) of the Network Rail (Redditch Branch Enhancement) Order 2013 M206, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Waste Electrical and Electronic Equipment Regulations 201357

In regulation 2(1) of the Waste Electrical and Electronic Equipment Regulations 2013 M207, in the definition of “relevant authorisation”, for “the Environmental Permitting (England and Wales) Regulations 2010”, in both places it occurs, substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

National Grid (King's Lynn B Power Station Connection) Order 201358

In article 14(7) and (8)(b) of the National Grid (King's Lynn B Power Station Connection) Order 2013 M208, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 201359

In article 17(7) of the Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 M209, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Network Rail (Norton Bridge Area Improvements) Order 201460

In article 18(7) of the Network Rail (Norton Bridge Area Improvements) Order 2014 M210, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

National Grid (North London Reinforcement Project) Order 201461

In article 17(7) and (10)(c) of the National Grid (North London Reinforcement Project) Order 2014 M211, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

East Anglia ONE Offshore Wind Farm Order 201462

1

The East Anglia ONE Offshore Wind Farm Order 2014 M212 is amended as follows.

2

a

in the English language text—

i

for “the Environmental Permitting (England and Wales) Regulations 2010”, in each place it occurs, substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

ii

in sub-paragraph (2), for “regulation 35(2)(p)” substitute “ regulation 35(2) ”;

b

in the Welsh language text—

i

in sub-paragraph (1), for “Reoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2010” substitute “ Reoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2016 ”;

ii

in sub-paragraph (2), for “rheoliad 35(2)(p) o Reoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2010” substitute “ rheoliad 35(2) o Reoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2016 ”;

iii

in sub-paragraph (3), for “Rheoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2010”, in both places it occurs, substitute “ Rheoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2016 ”.

Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 201476

In paragraph 2 of Schedule 2 to the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 M226, in the table—

a

for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

b

for “regulation 35(2)(p)” substitute “ regulation 35(2) ”.

Willington C Gas Pipeline Order 201477

In article 14(7) and (8)(b) of the Willington C Gas Pipeline Order 2014 M227, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Hornsea One Offshore Wind Farm Order 201478

1

Dogger Bank Creyke Beck Offshore Wind Farm Order 201582

b

in section N.1 of Part 17, in the definition of “groundwater”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Nitrate Pollution Prevention Regulations 201587

In regulation 2(1) of the Nitrate Pollution Prevention Regulations 2015 M237, in the definition of “anaerobic digestion”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Knottingley Power Plant Order 201588

In article 15(7) of the Knottingley Power Plant Order 2015 M238, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Network Rail (Ordsall Chord) Order 201589

In article 17(7) of the Network Rail (Ordsall Chord) Order 2015 M239, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Environmental Damage (Prevention and Remediation) (England) Regulations 201590

1

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 M240 are amended as follows.

2

In the heading of regulation 10, and in regulation 10(1), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

3

In regulation 11(1), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

4

In paragraph 1(a) of Schedule 4, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

White Moss Landfill Order 201591

In article 9(7) of the White Moss Landfill Order 2015 M241, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 201592

In article 17(7) of the Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 M242, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Hazardous Waste (Miscellaneous Amendments) Regulations 201593

In paragraph 3 of Schedule 2 to the Hazardous Waste (Miscellaneous Amendments) Regulations 2015 M243, in the definitions of “permit” and “standard rule”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Swansea Bay Tidal Generating Station Order 201594

In article 13(7) of the Swansea Bay Tidal Generating Station Order 2015 M244, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Preesall Underground Gas Storage Facility Order 201595

In article 15(7) of the Preesall Underground Gas Storage Facility Order 2015 M245, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Progress Power (Gas Fired Power Station) Order 201596

1

The Progress Power (Gas Fired Power Station) Order 2015 M246 is amended as follows.

2

In article 2(1), in the definition of “gross rated electrical output”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

3

In article 15(7) and (8)(b), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Hirwaun Generating Station Order 201597

1

The Hirwaun Generating Station Order 2015 M247 is amended as follows.

2

3

In article 14(7), for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Dogger Bank Teesside A and B Offshore Wind Farm Order 201598

In article 18(7) of the Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 M248, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Ferrybridge Multifuel 2 Power Station Order 201599

1

The Ferrybridge Multifuel 2 Power Station Order 2015 M249 is amended as follows.

2

In article 2(1), for the definition of “2010 Regulations” substitute—

“2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016;

3

In article 12(7) and (8), for “the 2010 Regulations” substitute “ the 2016 Regulations ”.

4

In paragraph 49(1) of Schedule 2, in the definition of “environmental permit”, for “the 2010 Regulations” substitute “ the 2016 Regulations ”.

Network Rail (Tinsley Chord) Order 2015100

In article 8(8) of the Network Rail (Tinsley Chord) Order 2015 M250, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Large Combustion Plants (Transitional National Plan) Regulations 2015101

In regulation 2(1) of the Large Combustion Plants (Transitional National Plan) Regulations 2015 M251, in the definitions of “permit” and “permitting functions”, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Port Talbot Steelworks Generating Station Order 2015102

In article 10(7) of the Port Talbot Steelworks Generating Station Order 2015 M252, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

London Underground (Bank Station Capacity Upgrade) Order 2015103

In article 17(7) of the London Underground (Bank Station Capacity Upgrade) Order 2015 M253, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

East Midlands Gateway Rail Freight Interchange and Highway Order 2016104

In article 22(7) of the East Midlands Gateway Rail Freight Interchange and Highway Order 2016 M254, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

National Grid (Hinkley Point C Connection Project) Order 2016105

In article 16(7), (8) and (10)(b) of the National Grid (Hinkley Point C Connection Project) Order 2016 M255, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016106

In paragraph 2 of Schedule 2 to the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 M256, at sub-paragraph 3(g) of the table, in paragraph (ii) of column 2—

a

in the English language text, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

b

in the Welsh language text, for “Reoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2010” substitute “ Reoliadau Trwyddedu Amgylcheddol (Cymru a Lloegr) 2016 ”.

A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016107

In article 15(7) of the A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 M257, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Palm Paper Mill Generating Station Order 2016108

In article 10(7) and (8)(c) of the Palm Paper Mill Generating Station Order 2016 M258, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.

Thorpe Marsh Gas Pipeline Order 2016109

4

In paragraph 5(a) of Part 4 of Schedule 8, for “the Environmental Permitting (England and Wales) Regulations 2010” substitute “ the Environmental Permitting (England and Wales) Regulations 2016 ”.