The Environmental Permitting (England and Wales) Regulations 2016 No. 1154

SCHEDULE 3 E+W Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 1 E+W Exempt waste operations: descriptions and conditions

CHAPTER 2 E+W Use of waste

SECTION 2 E+W Descriptions and specific conditions

Incorporation of ash into soil (U14) E+W

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.