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

PART 1Exempt waste operations: descriptions and conditions

CHAPTER 2Use of waste

SECTION 1Introductory

1

1

The descriptions in this Chapter—

a

are set out in the first sub-paragraph of paragraphs U1 to U16, 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 U1 to U16.

3

The general conditions for all descriptions in this Chapter are as follows—

a

the operation is for the purposes of recovering or reusing the waste, unless otherwise stated in the specific conditions;

b

the waste used is suitable for the purposes of the operation;

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

C

3

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

a

where the relevant waste falls within the first column of a table in sub-paragraph (2), the total quantity of waste used or stored over any 3-year period does not exceed the limit indicated in the third column of that table,

b

where one or more waste type falling within the first column of any one table in sub-paragraph (2) is used or stored, the total quantity for all the waste types used or stored does not exceed the limit indicated in the third column of that table over any 3-year period,

c

no waste is stored for longer than 12 months prior to use, and

d

the operation complies with such of the following additional conditions as are specified in the fourth column of the table and for these purposes—

A

the waste is used only for drainage work carried on for the purposes of the Land Drainage Act 1991 M1, the 1991 Act or the 1995 Act;

B

the waste is used only for the construction of tracks, paths, bridleways or car parks and must be processed into chipped form prior to use;

C

the waste is used only for the construction of roads.

Use of baled end-of-life tyres in construction (U2)2

1

The use of relevant waste in construction.

2

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

Codes

Waste types

160103

Baled end-of-life tyres only

3

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

a

the total quantity of waste used or stored during the construction does not exceed 50 tonnes of baled tyres,

b

the waste is not used more than once,

c

the bales comply with standard PAS108, and

d

no waste is stored for longer than 3 months prior to use.

Use of waste in the construction of entertainment or educational installations etc. (U3)3

1

The use of relevant waste in the construction of installations, exhibits, sets or demonstrations for entertainment or educational purposes.

2

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

Codes

Waste Types

170102

Bricks

170103

Tiles and ceramics

170201, 200138

Wood

170203, 200139

Plastic

170401 to 170407, 170411, 200140

Metals including their alloys

200101

Paper and cardboard

200111

Textiles

3

For the purposes of this paragraph, the specific condition is that the total quantity of waste used or stored prior to use does not exceed 20 tonnes at any one time.

Burning of waste as a fuel in a small appliance (U4)4

1

The burning of relevant waste as a fuel in an appliance if the requirements in sub-paragraph (4) are met.

2

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

Codes

Waste Types

020103, 200201

Plant tissue waste only

020107, 170201

Untreated wood only

020304

Vegetable waste unsuitable for consumption or processing

030101

Waste bark and cork

030105

Untreated sawdust and wood shavings other than those mentioned in 030104 only

030301

Waste bark and wood

030310

Fibre rejects (fibrous vegetable waste from virgin pulp preparation or paper pulp production) only

150103

Untreated wooden packaging only

3

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

a

the total quantity of waste burned over any period of 1 hour is less than 50kg,

b

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

c

the waste is stored in a secure place.

4

The requirements in this sub-paragraph are that—

a

the appliance has a net rated thermal input of less than 0.4 megawatts, and

b

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

Use of waste derived biodiesel as fuel (U5)5

1

The use of biodiesel derived from relevant waste as a fuel in a portable generator if the requirements in sub-paragraph (4) are met or in a motor vehicle and the storage of such biodiesel—

a

in or on a motor vehicle or in such a portable generator, or

b

at a place that is owned or occupied by the owner or user of the biodiesel.

2

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

Codes

Waste Types

190210

Waste derived biodiesel only

3

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

a

the total quantity of biodiesel stored in or on a motor vehicle or in a portable generator at any one time does not exceed 1,000 litres,

b

the total quantity of biodiesel stored at a place owned or occupied by the owner or user of the biodiesel at any one time does not exceed 5,000 litres, and

c

the biodiesel is stored with secondary containment.

4

The requirements in this sub-paragraph are that—

a

the portable generator has a net rated thermal input of less than 0.4 megawatts, and

b

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

Use of sludge for the purposes of re-seeding a waste water treatment plant (U6)6

1

The use of relevant waste at a waste water treatment plant for the purposes of re-seeding the plant.

2

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

Codes

Waste Types

190805

Sludges from treatment of urban waste water

190812

Sludges from biological treatment of industrial waste water other than those mentioned in 190811

3

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

a

the total quantity of waste used or stored at the plant at any one time does not exceed 1,000 cubic metres, and

b

the waste was not produced at the plant.

Use of effluent to clean a highway gravel bed (U7)7

1

The use of relevant waste from a water treatment works or a waste water treatment plant to clean a highway gravel bed.

2

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

Codes

Waste Types

190899

Effluent only

3

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

a

the total quantity of waste used over any 24-hour period does not exceed 10 cubic metres,

b

the highway gravel bed has sealed drainage to ensure that the condition in paragraph (c) can be met,

c

all waste used in and produced by the cleaning operation is collected, and

d

the waste meets any relevant conditions specified in the environmental permit authorising the operation of the water treatment works or waste water treatment plant.

Use of waste for a specified purpose (U8)8

1

The use of relevant waste for a specified purpose.

2

For the purposes of this paragraph—

a

the table specifying relevant waste and the limits referred to in sub-paragraph (3)(a) and (b) is set out below;

b

“specified purpose” is a purpose specified in the third column of the table.

Codes

Waste types

Specified purpose

Quantity limit (at any one time)

030105, 191207

Untreated wood (including shavings, woodchip and sawdust) and over-sized compost only

Use in equestrian exercise surfaces

1,000 tonnes

191204

Shredded or granulated rubber and end-of-life tyres only

Use in equestrian exercise surfaces

1,000 tonnes

191201

Shredded paper and cardboard

Use as animal bedding

100 tonnes

030305, 030310, 030311

Paper fibre, de-inked paper pulp and de-inked paper sludge from paper manufacturing only

Use as animal bedding

100 tonnes

030105, 191207

Untreated wood (including shavings, woodchip and sawdust) and over-sized compost only

Use as animal bedding

100 tonnes

160103

End-of-life tyres

Use as a weight on cover sheeting on agricultural premises or use as crash barriers

40 tonnes

150102

Geotextile bags (flexible intermediate bulk containers) only

Use as reinforcement in construction

100 bags

020202

Shellfish shells from which the soft tissue or flesh has been removed only

Use for ornamental purposes

50 tonnes

191205

Crushed glass only

Use for ornamental purposes

50 tonnes

200127*, 200128, 080111*, 080112

Paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins)

Use as paint

1,000 litres

190599

Compost produced for the purposes of growing mushrooms only

Use in growing mushrooms

1,000 tonnes

170102, 170904

Stones and bricks capable of being used in their existing state only

Use in construction of buildings, fencing, barriers, containment or similar above ground construction

100 tonnes

170201, 191207, 200138

Non-hazardous wood including telegraph poles and railway sleepers and lock gates and associated balance beams

Use in construction of buildings, fencing, barriers, containment or similar above ground construction

100 tonnes

110105*, 110107*

Ferric chloride and aluminium hydroxide only

Use in treating municipal waste water effluent

50 cubic metres

110105*, 110107*

Ferric chloride and aluminium hydroxide only

Use in potable water treatment processes

50 cubic metres

190902, 190903, 190906

Sludges/solutions from the treatment of water only

Use in treating municipal waste water effluent

50 cubic metres

100201, 100202, 170504, 191209

Blast furnace slag and stones only

Use as filter media at waste water treatment works

50,000 tonnes

170204*, 191206*, 200137*

Hazardous wooden telegraph poles and railway sleepers and lock gates and associated balance beams only

Use in construction of buildings, fencing, barriers, containment or similar above ground construction

100 tonnes

3

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

a

the total amount of waste used or stored at any one time does not exceed the quantity limit specified in the fourth column,

b

in relation to any relevant waste to which code 160103 applies (end-of-life tyres), within the quantity limit specified for that waste type, not more than 10 tonnes is stored together,

c

the waste is not treated or required to be treated prior to use,

d

in relation to any relevant waste to which code 110105* (ferric chloride), 110107* (aluminium hydroxide), 190902, 190903, 190906 (sludges/solutions from the treatment of water) applies, the waste is stored—

i

with secondary containment, and

ii

in a location with sealed drainage, and

e

in relation to any relevant waste to which code 110105* (ferric chloride), 110107* (aluminium hydroxide) applies, within the quantity limit specified for that waste type, not more than 10 tonnes of waste may be used per day.

Use of waste to manufacture finished goods (U9)9

1

The use of relevant waste to manufacture finished goods.

2

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

Codes

Waste types

Quantity limit (at any one time)

Additional specific conditions

100101, 100102

Ash only

500 tonnes

A

101208

Ceramics

100 tonnes

A

101112, 150107, 191205, 200102

Glass

5,000 tonnes

A

100105

Gypsum only

500 tonnes

A

200199

Lion faeces only

5 tonnes

B

120101, 120103, 150104, 160117, 160118, 191001, 191002, 191202, 191203, 200140

Metals

500 tonnes

A

150101, 191201, 200101

Paper and cardboard

15,000 tonnes

C, D

070213, 120105, 150102, 191204, 200139

Plastics

500 tonnes

E

191204

Rubber only

30 tonnes

E, F

040221, 040222, 150109, 191208, 200110, 200111

Textiles

1,000 tonnes

B

030105, 030301, 150103, 191207, 200138

Wood, bark, cork, sawdust, shavings, cuttings, particle board

100 tonnes

B

3

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

a

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

b

the waste is stored in a secure location at the place where the manufacturing is carried on,

c

the operation does not involve any activity falling within a description in Part A(1) or Part A(2) of Part 2 of Schedule 1, and

d

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

A

the waste is stored at a location with sealed drainage;

B

the waste is stored indoors or in a secure container;

C

the waste is stored in a baled form, in a container or indoors;

D

within the quantity limit specified in the third column of the table and notwithstanding additional specific condition C, up to 1,000 tonnes may be stored outdoors so long as it is stored in an enclosure designed and maintained to prevent the escape of litter;

E

the waste is not subject to heat treatment;

F

the total quantity of waste stored together does not exceed 10 tonnes.

4

For the purposes of this paragraph, “finished goods” means goods that are ready for use by an end consumer without any further processing.

Spreading waste on agricultural land to confer benefit (U10)10

1

The spreading of relevant waste on agricultural land to confer benefit to the land for the purposes of providing, maintaining or improving the soil's ability to provide a growing medium by adding nutrients, lime or biomass.

2

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

Codes

Waste types

Quantity limit

Storage limit (at any one time)

Period

Additional specific conditions

010102, 010408, 170504

Chalk only

50 tonnes per hectare

200 tonnes

12 months

A

020101

Sludges from washing and cleaning fruit and vegetables on farm only

50 tonnes per hectare

200 tonnes

12 months

A, F

020199, 020399

Untreated wash waters from cleaning fruit and vegetables on farm only

100 tonnes per hectare

200 tonnes

12 months

A, F

020305

Effluent from the on-site treatment of wash waters from cleaning fruit and vegetables on farm only

100 tonnes per hectare

200 tonnes

12 months

A, F

020401, 020399

Soil from cleaning and washing fruit and vegetables only

50 tonnes per hectare

200 tonnes

12 months

A

020199

Milk from agricultural premises only

50 cubic metres of diluted milk per hectare

200 tonnes

24 hours

A, B, E

100101

Ash from wood chip boilers produced pursuant to an operation described in paragraph U4 only

1 tonne per hectare

10 tonnes

12 months

A

170506

Dredging spoil (other than those mentioned in 170505) generated from the creation or maintenance of habitats, ditches or ponds within parks, gardens, fields and forests only

150 tonnes per hectare

1,250 tonnes

12 months

C

020199

Spent compost from the growing of mushrooms only

50 tonnes per hectare

500 tonnes

12 months

A

190599

Compost produced pursuant to a treatment described in paragraph T23 or T26 only

50 tonnes per hectare

500 tonnes

12 months

A

190604

Digestate produced pursuant to a treatment described in paragraph T24 or T25 only

50 tonnes per hectare

200 tonnes

12 months

A

190812

Waste consisting of biobed or biofilter material produced pursuant to a treatment described in paragraph T32 only

50 tonnes per hectare

200 tonnes

12 months

A, D

3

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

a

the total quantity of waste spread does not exceed the limit specified in the third column of the table in sub-paragraph (2) over the period specified in the fifth column,

b

the total quantity of waste stored at any one time does not exceed the limit specified in the fourth column of the table,

c

subject to additional specific conditions D and E in paragraph (f), where they apply, no waste is stored for longer than 12 months prior to spreading,

d

the waste is stored in a secure location prior to spreading,

e

at the time the spreading begins—

i

the land has not been frozen for 12 or more hours in the preceding 24 hours,

ii

the land is not waterlogged, frozen or snow-covered, and

f

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

A

the location of any waste which is stored or land which is spread is at

least 10 metres from a watercourse and 50 metres from a spring, well or bore-hole;

B

prior to spreading, the waste is diluted with not less than an equal quantity of water or slurry and the land is spread not more than once in any 4-week period;

C

the waste is spread adjacent to the place from which it was dredged;

D

the waste is stored for at least 12 months prior to spreading;

E

the waste is not stored for longer than 24 hours prior to spreading;

F

the waste is spread at the place where it is produced.

Spreading waste on non-agricultural land to confer benefit (U11)11

1

The spreading of relevant waste on land that is not agricultural land for the purposes of providing, maintaining or improving the soil's ability to provide a growing medium by adding nutrients, lime or bio-mass.

2

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

Codes

Waste types

Quantity limit (over 12 months)

Storage limit (at any one time)

Additional specific conditions

010102, 010408, 170504

Chalk only

50 tonnes per hectare

200 tonnes

A

020202

Shellfish shells from which the soft tissue or flesh has been removed only

50 tonnes per hectare

200 tonnes

A

020399, 020401

Soil from cleaning and washing fruit and vegetables only

50 tonnes per hectare

200 tonnes

A

100101

Ash from wood chip boilers produced pursuant to an operation de-scribed in paragraph U4 only

1 tonne per hectare

10 tonnes

A

170506

Dredging spoil (other than those mentioned in 170505) generated from the creation or maintenance of habitats, ditches or ponds within parks, gardens, fields and forests only

150 tonnes per hectare

1,250 tonnes

B

020199

Spent compost from the growing of mushrooms only

50 tonnes per hectare

500 tonnes

A

190599

Compost produced pursuant to a treatment de-scribed in paragraph T23 or T26 only

50 tonnes per hectare

500 tonnes

A

190604

Digestate produced pursuant to a treatment described in paragraph T24 or T25 only

50 tonnes per hectare

200 tonnes

A

190812

Waste consisting of biobed or biofilter material produced pursuant to a treatment described in paragraph T32 only

50 tonnes per hectare

200 tonnes

A, C

200108

Coffee grounds only

50 tonnes per hectare

200 tonnes

A

3

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

a

the total quantity of waste spread does not exceed the limit specified in the third column of the table in sub-paragraph (2) over any 12-month period,

b

the total quantity of waste stored at any one time does not exceed the limit specified in the fourth column of the table,

c

subject to additional specific condition C in paragraph (f), where it applies, no waste is stored for longer than 12 months prior to spreading,

d

the waste is stored in a secure location prior to spreading,

e

at the time the spreading begins—

i

the land has not been frozen for 12 or more hours in the preceding 24 hours;

ii

the land is not waterlogged, frozen or snow-covered, and

f

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

A

the location of any waste which is stored or land which is spread is at least 10 metres from a watercourse and 50 metres from a spring, well or borehole;

B

the waste is spread adjacent to the place from which it was dredged;

C

the waste is stored for at least 12 months prior to spreading.

Use of mulch (U12)12

1

The use of relevant waste as a mulch.

2

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

Codes

Waste Types

020103, 191207, 200201

Untreated wood and plant matter

3

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

a

the total quantity of waste used or stored over any period of 1 month does not exceed 100 tonnes, and

b

the waste is stored in a secure location prior to use.

Spreading of plant matter to confer benefit (U13)13

1

The spreading of relevant waste at the place of production to confer benefit.

2

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

Codes

Waste Types

020103, 020107, 020304, 200201

Plant tissue only

3

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

a

the total quantity of waste spread over any 12-month period does not exceed 50 tonnes per hectare,

b

at the time the spreading begins—

i

the land has not been frozen for 12 or more hours in the preceding 24 hours;

ii

the land is not waterlogged, frozen or snow-covered, and

c

except for waste which is spread on the banks of the waters from which it was produced, no waste is spread within 50 metres of any watercourse, spring, well or borehole.

Incorporation of ash into soil (U14)14

1

The incorporation of ash which is relevant waste into soil resulting from a qualifying operation.

2

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

Codes

Waste Types

020103, 020107, 200201

Ash from burning of plant tissue only

3

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

a

the total quantity of waste incorporated into soil does not exceed 10 tonnes per hectare, and

b

ashes of burnt cereal, straw or cereal stubble are not allowed, without reasonable excuse, proof of which lies on the establishment or undertaking carrying on the operation, to remain on the soil for longer than 24 hours after the commencement of the burning but must be incorporated into the soil—

i

within that period, or

ii

in a case where, having regard to wind conditions to do so would be likely to cause nuisance, as soon as conditions allow.

4

For the purposes of this paragraph, a “qualifying operation” is one that—

a

involves the burning of cereal straw or cereal stubble,

b

falls within a description in paragraph D7, and

c

complies with the specific conditions specified in that paragraph and the general conditions specified in Chapter 3.

Pig and poultry ash (U15)15

1

The spreading of relevant waste on agricultural land at the place of production.

2

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

Codes

Waste Types

190112

Ash from the incineration of pig and poultry carcasses only

3

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

a

the total quantity of waste spread over any 12-month period does not exceed 150kg per hectare,

b

the waste is mixed with an equal volume or more of manure or slurry prior to spreading,

c

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

d

the location of the waste which is stored or land which is spread is at least—

i

10 metres from a watercourse;

ii

50 metres from a spring, well or borehole, and

e

at the time of the spreading—

i

the land has not been frozen for 12 or more hours in the preceding 24 hours;

ii

the land is not waterlogged, frozen or snow-covered.

Use of depolluted end-of-life vehicles for vehicle parts (U16)16

1

The use of relevant waste for vehicle parts.

2

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

Codes

Waste Types

160106

End-of-life vehicles, containing neither liquids nor other hazardous components

160122

Non-hazardous components from end-of-life vehicles only

3

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

a

no more than two depolluted end-of-life vehicles are stored at any one time,

b

in relation to relevant waste to which code 160122 (non-hazardous components from end-of-life vehicles) applies, the total quantity of waste stored at any one time does not exceed 5 cubic metres,

c

the waste is stored in a secure place,

d

the waste is stored on an impermeable surface, and

e

the operation is for the purposes of re-using the waste.

4

In this paragraph—

  • depolluted” means that the vehicle has been subjected to all of the operations described in paragraph 3 of Annex 1 to the End-of-Life Vehicles Directive;

  • F1end-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.