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

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.