Scottish Government

Scottish Statutory Instruments

2006 No.

ENVIRONMENTAL PROTECTION

The Waste Management Licensing Amendment (Scotland) Regulations 2006

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( ⁸) and all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement, interpretation and extent

1.-(1) These Regulations may be cited as the Waste Management Licensing Amendment (Scotland) Regulations and shall come into force on 1 ^st April 2006.

(2) Any word or expression used both in these Regulations and the Waste Management Licensing Regulations 1994( ⁹) ("the 1994 Regulations") has the same meaning for the purposes of these Regulations as it has for the purposes of the 1994 Regulations.

(3) These Regulations extend to Scotland only.

Amendment of the Waste Management Licensing Regulations 1994

2. The 1994 Regulations are amended as follows.

3. In regulation 1(3) (citation, commencement, interpretation and extent)-

• after the definition of "agricultural waste" insert-

""co-incineration plant" means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and-
- which uses wastes as a regular or additional fuel; or
- in which waste is thermally treated for the purpose of disposal;
if co-incineration takes places in such a way that the main purpose of the plant is not the generation of energy or production of material products but rather the thermal treatment of waste, the plant shall be regarded as an incineration plant; this definition covers the site and the entire plant including all co-incineration lines, waste reception, storage, on site pre-treatment facilities, waste-, fuel- and air-supply systems, boiler, facilities for the treatment of exhaust gases, on-site facilities for treatment or storage of residues and waste water, stack devices and systems for controlling incineration operations, recording and monitoring incineration conditions;"

• after the definition of "exempt activity" insert-

""incineration plant" means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of wastes with or without recovery of the combustion heat generated. This includes the incineration by oxidation of waste as well as other thermal treatment processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently incinerated. This definition covers the site and the entire incineration plant including all incineration lines, waste reception, storage, on site pretreatment facilities, waste-fuel and air-supply systems, boiler, facilities for the treatment of exhaust gases, on-site facilities for treatment or storage of residues and waste water, stack, devices and systems for controlling incineration operations recording and monitoring incineration conditions;"

4. For regulation 17 (exemptions from waste management licensing) substitute-

"Exemptions from waste management licensing

17.-(1) Subject to the following provisions of this regulation and to any conditions or limitations in Schedule 3, section 33(1)(a) and (b) of the 1990 Act shall not apply in relation to the carrying on of any exempt activity set out in that Schedule.

(2) Paragraph (1) applies to the carrying on of an exempt activity insofar as it involves special waste-

(a) only to the extent indicated in Schedule 3; and
(b) provided that the activity does not involve the carrying out, by an establishment or undertaking, of their own disposal of such waste at the place of production.

(3) In the case of an exempt activity carried out by an establishment or undertaking on any land not within ownership or control the establishment or undertaking shall obtain all consents necessary to enable the activity to be carried out.

(4) Unless otherwise indicated in Schedule 3, paragraph (1) above does not apply to the carrying out of an activity in so far as it involves the storage or treatment of WEEE.

(5) In the case of an exempt activity set out in paragraph 46(1), (2) or (5) of Schedule 3, paragraph (1) applies only if the activity was carried on before 31st March 1995.

(6) In the case of an exempt activity involving the carrying out by an establishment or undertaking of the disposal or recovery of waste, paragraph (1) applies only if-

(a) the type and quantity of waste; and
(b) the method of disposal or recovery,

are consistent with ensuring the attainment of the objectives mentioned in paragraph 4(1)(a) of Part I of Schedule 4.

(7) For the purposes of Schedule 3, a container, lagoon or place is secure in relation to waste kept in it if all reasonable precautions are taken to ensure that the waste cannot escape from it and members of the public are unable to gain access to the waste, and any reference to secure storage means storage in a secure container, lagoon or place.

(8) SEPA shall have regard to any guidance issued to it by the Scottish Ministers with respect to the discharge of its functions in relation to an exempt activity.".

5. For regulation 18(1A) substitute-

"(1A) Paragraph (1) shall not apply in the case of an exempt activity falling within regulation 8 of the Waste (Scotland) Regulations 2005( ¹⁰).".

6. For Schedule 3 (activities exempt from waste management licensing), substitute the Schedule to these Regulations.

Transitional provisions

7. Any exempt activity carried on immediately before [commencement date] under Schedule 3 to the 1994 Regulations, may continue to be carried on-

• where the establishment or undertaking carrying on the activity applies to SEPA for a waste management licence or a permit under regulation 7 of the Pollution Prevention and Control (Scotland) Regulations 2000( ¹¹) in relation to the activity in question before [commencement date], until the date on which the licence or permit applied for is granted, or if the application is (or is deemed to be) rejected, until the date on which-

(i) the period for appealing expires without an appeal having been made; or
(ii) any appeal is withdrawn or finally determined;

• where the establishment or undertaking is carrying on an activity to which regulation 18(4C) applies, until the earlier of-

(iii) the date upon which that activity is deemed to have been removed from the register in accordance with regulation 18(4C)(d); or
(iv) [commencement date + 12 months]; and

• in any other case, until [commencement date + 12 months].

8. Where SEPA receives notice under regulation 18(4) or regulation 18(4C)(b) of the 1994 Regulations but the relevant particulars are not yet entered or deemed to be entered into the register before [commencement date], that notification shall be treated as if it had been submitted on [commencement date].

A member of the Scottish Executive
St Andrew's House,
Edinburgh

2006

SCHEDULE

Regulation 5

NEW SCHEDULE 3 TO THE WASTE MANAGEMENT LICENSING REGULATIONS 1994

"SCHEDULE 3
Regulation 1(3) and 17
ACTIVITIES EXEMPT FROM WASTE MANAGEMENT LICENSING

1.-(1) The use, under an authorisation granted under Part I of the 1990 Act, of waste glass as part of a process within Part B of Section 3.5 (glass manufacture and production) of Schedule 1 to the 1991 Regulations if the total quantity of waste glass so used in that process does not exceed 600,000 tonnes in any period of twelve months.

(2) The storage, at the place where the process is carried on, of any such waste which is intended to be so used.

2.-(1) The use, under a permit granted under the 2000 Regulations, of waste glass as part of an activity within Part B of Section 3.3 (the manufacture of glass and glass fibre) of Part 1 of Schedule 1 to the 2000 Regulations if the total quantity of waste glass so used in that activity does not exceed 600,000 tonnes in any period of twelve months.

(2) The storage, at the place where the activity is carried out, of any such waste which is intended to be so used.

3.-(1) The operation, under an authorisation granted under Part I of the 1990 Act, of a scrap metal furnace with a designed holding capacity of less than 25 tonnes to the extent that it is or forms part of a process within paragraph (a), (b) or (d) of Part B of Section 2.1 (iron and steel), or paragraph (a), (b) or (e) of Part B of Section 2.2 (non-ferrous metals), of Schedule 1 to the 1991 Regulations.

(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1) above.

(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a metal dealer), of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1) above.

4.-(1) The operation, under a permit under the 2000 Regulations, of a scrap metal furnace with a design holding capacity of less than 25 tonnes to the extent that it is or forms part of an activity within paragraph (a) or (d) of Part B of Section 2.1 (ferrous metals) or paragraph (a) or (b) of Part B of Section 2.2 (non-ferrous metals) of Part 1 of Schedule 1 to the 2000 Regulations.

(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1).

(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer) of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1).

5. The carrying on of any of the following operations-

(a) burning as a fuel, under an authorisation granted under Part I of the 1990 Act or a permit granted under the 2000 Regulations, of-

(i) straw, poultry litter or wood;
(ii) waste oil (including waste oil which is special waste); or
(iii) solid fuel which has been manufactured from waste by a process involving the application of heat,

to the extent that it is or forms part of a process within Part B of any Section of Schedule 1 to the 1991 Regulations or an activity within Part B of any Section of Part 1 of Schedule 1 to the 2000 Regulations;

(b) the secure storage on any premises of any wastes mentioned in sub-paragraph (a) above, other than waste oil, which are intended to be burned as mentioned in that sub-paragraph, and the feeding of such wastes into an appliance in which they are to be so burned;
(c) the secure storage of waste oil (including waste oil which is special waste) at the place where it is produced for a period not exceeding twelve months if the waste oil is intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (a) above; and provided that the total volume of that oil does not at any time exceed 23,000 litres;
(d) burning as a fuel, under an authorisation granted under Part I of the 1990 Act or a permit granted under the 2000 Regulations, of tyres to the extent that it is or forms part of a process within Part B of Section 1.3 of Schedule 1 to the 1991 Regulations or an activity within Part B of Section 1.1 of Part 1 of Schedule 1 to the 2000 Regulations, and the shredding and feeding of tyres into an appliance in which they are to be so burned;
(e) the storage in a secure place on any premises of tyres where-

(i) the tyres are intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (d) above;
(ii) the tyres are stored separately;
(iii) none of the tyres is stored on the premises for longer than twelve months; and
(iv) the number of the tyres stored on the premises at any one time does not exceed 1,000.

6.-(1) The cleaning, washing, spraying or coating of waste consisting of packaging or containers so that it or they can be reused if the total quantity of such waste so dealt with at any place does not exceed 1,000 tonnes in any period of seven days.

(2) The storage of waste in connection with the carrying on of any activities described in sub-paragraph (1) above if that storage is at the place where the activity is carried on unless-

(a) the total quantity of such waste stored at that place exceeds 1,000 tonnes; or
(b) more than 1 tonne of metal containers used for the transport or storage of any chemical are dealt with in any period of seven days.

7.-(1) Burning waste as a fuel in an appliance if the appliance has a net rated thermal input of less than 0.4 megawatts or, where the appliance is used together with (whether or not it is operated simultaneously with) other appliances, the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.

(2) The secure storage of waste intended to be submitted to such burning.

(3) In this paragraph, "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.

8.-(1) Burning waste oil as a fuel in an engine of an aircraft, hovercraft, mechanically propelled vehicle, railway locomotive, ship or other vessel if the total amount burned of such waste does not exceed 2, 500 litres an hour in any one engine.

(2) The storage, in a secure container, of waste oil intended to be so burned if the total volume of that oil does not, at any time, exceed 23,000 litres.

9.-(1) The treatment with any of the wastes listed in Table 2 of land used for agriculture where such treatment results in benefit to agriculture or ecological improvement.

(2) The treatment with any of the wastes listed in Part I of Table 2 of-

(a) operational land of a railway, light railway or the British Waterways Board; or
(b) land which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, churchyard or cemetery;

where the land in question is not used for agriculture and such treatment results in ecological improvement.

TABLE 2

* Codes referred to in the European Waste Catalogue.
** Wastes containing dangerous substances are not included.
*** The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.

(3) The secure storage, at the place where it is to be used, of not more than 1250 tonnes of waste intended to be used in reliance upon the exemption conferred by sub paragraph (1) or (2), provided that-

(a) the waste is stored at a distance of not less than-

(i) 10 metres from any inland or coastal waters;
(ii) 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply other than a domestic water supply; or
(iii) 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of a domestic water supply; and

(b) no waste is stored to the extent that the volume stored exceeds ninety per cent of the available capacity of the container or lagoon where the storage takes place.

(4) Sub-paragraphs (1) and (2) apply only if-

(a) no more than 250 tonnes or, in the case of dredgings from inland waters, 5,000 tonnes of waste per hectare are used on the land in any period of twelve months;

(aa) the land to be treated by the waste does not exceed 50 hectares;

(b) the waste to be used has not been mixed with any material which does not itself provide benefit to agriculture or ecological improvement; and
(c) in the case of blood and gut contents (within category 02 02 03 of the European Waste Catalogue, as listed in Part II of Table 2 above), the waste is treated in accordance with the Animal By-Products Order 1999 and Regulation ( EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption.

(5) For the purpose of this paragraph and paragraph 9, benefit to agriculture or ecological improvement shall be construed in accordance with Part 2 of Schedule 3A and any guidance issued under regulation 17(6) of these Regulations.

(6) In this paragraph-

(a) "coastal water" has the same meaning as in section 30A of the Control of Pollution Act 1974; and
(b) "domestic water supply" means a supply of water-

(i) for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or
(ii) for any of these domestic purposes to premises in which food is produced

10.-(1) Subject to sub paragraph (3), the storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge which is intended to be used-

(a) in accordance with the 1989 Regulations; or
(b) for land treatment in reliance upon the exemption conferred by sub paragraph (2).

(2) The treatment with sludge of land which is not agricultural land within the meaning of the 1989 Regulations if-

(a) it results in ecological improvement, or in the case of the treatment of land used for non-food crops not grown in short term rotation with food crops, it enhances the growth of those crops; and
(b) it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to [the 1989 Regulations] to exceed the limit specified in the corresponding entry in column 2 of the table.

(3) Sub paragraph (1) applies only if the following conditions are satisfied:-

(a) the sludge is stored at the place where it is to be used;
(b) the sludge is stored at a distance of not less than-

(i) 10 metres from any inland or coastal waters;
(ii) 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply other than a domestic water supply; and
(iii) 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of a domestic water supply;

(c) no sludge is stored to the extent that the volume stored exceeds ninety per cent of the available capacity of the container or lagoon where the storage takes place; and
(d) no sludge is stored for a period of more than 6 months.

(4) For the purpose of this paragraph, enhancement of crop growth or ecological improvement shall be construed in accordance with Part 2 of Schedule 3A and any guidance issued under regulation 17(7) of these Regulations.

(5) In this paragraph-

(a) "the 1989 Regulations" means the Sludge (Use in Agriculture) Regulations 1989 and "used", in relation to sludge, has the meaning given by regulation 2(1) of the 1989 Regulations;
(b) "sludge" has the meaning given by regulation 2(1) of the 1989 Regulations, and "used", in relation to sludge, has the meaning given by that regulation; and
(c) "domestic water supply" means a supply of water-

(i) for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or
(ii) for any of these domestic purposes to premises in which food is produced.

11.-(1) Subject to the following provisions of this paragraph-

(a) the treatment of land with any of the wastes listed in Part I of Table 2A;
(b) the treatment of land with any of the wastes listed in Part II of the Table where such treatment results in benefit to agriculture or ecological improvement;
(c) the secure storage, at the place where it is to be used and for a period not exceeding six months, of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (a) or (b).

TABLE 2A

* Codes referred to in the European Waste Catalogue.
** Wastes containing dangerous substances are not included.
*** The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.

(2) Paragraph (1) does not apply to the use of waste at a site designed or adapted for the final disposal of waste by landfill at any time when such disposal is the subject of a waste management licence or a permit granted under regulation 7 of the 2000 Regulations.

(3) Paragraph (1) applies only where-

(a) the waste is used for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man made development;
(b) the waste is suitable for use for the purposes mentioned in sub-paragraph (a);
(c) the waste is used in accordance with the requisite planning permission (if any);
(d) the waste is used to a depth not exceeding the lesser of 2 metres or the final cross sections shown on the plan submitted under regulation 18(4C) of these Regulations; and
(e) the waste used does not exceed 20,000 cubic metres per hectare.

12.-(1) Subject to sub paragraph (4)-

(a) the treatment within the curtilage of a water treatment works of any of the wastes listed in Table 3 arising from those works if the total quantity of waste which is treated in any period of twelve months does not exceed 10,000 cubic metres; and

(b) the secure storage within the curtilage of a water treatment works of waste intended to be treated in reliance on the exemption conferred by paragraph (a).

(2) Subject to the following provisions of this paragraph-

(a) any recovery operation carried on within the curtilage of a sewage treatment works of any of the wastes listed in Table 3;
(b) the secure storage within the curtilage of a sewage treatment works of waste intended to be submitted to the activity mentioned in sub paragraph (a).

Table 3

* Codes referred to in the European Waste Catalogue.

(3) The total quantity of waste brought to a sewage treatment works for the purposes of a recovery operation in reliance upon the exemption covered by sub paragraph (2) in any period of 12 months shall not exceed 100,000 cubic metres.

(4) The area where a treatment or recovery operation takes place shall have an impermeable pavement capable of containing any spillage of waste received and connected to a drainage system with impermeable components which does not leak and which will ensure that-

(a) no liquid will run off the pavement otherwise than via that system; and
(b) except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.

13. Carrying on at any place, in respect of a kind of waste listed in Table 3A, any of the activities specified in that Table in relation to that kind of waste where-

(a) the activity is carried on with a view to the recovery or reuse of the waste (whether or not by the person carrying on the activity listed in that Table); and
(b) the total quantity of any particular kind of waste dealt with at that place does not in any period of seven days exceed the limit specified in relation to that kind of waste in that Table.

Table 3A

14.-(1) Subject to the following provisions of this paragraph-

(a) composting biodegradable waste of a type listed in Table 3B below, not being composting for the purpose of cultivating mushrooms;

(b) chipping, shredding, cutting, pulverising, screening or storing such waste for the purpose of composting at the place where the composting activity is, or is to be, carried out; and

(c) screening any such waste which has been composted.

Table 3B

* Codes referred to in the European Waste Catalogue.
** Wastes containing dangerous substances are not included.
*** The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.

(2) The total quantity of waste treated and stored under paragraph (1) at any time shall not exceed, in relation to the composting activities referred to in the first column of Table 3C, the quantity shown in the third column of that Table.

TABLE 3C

* Codes referred to in the European Waste Catalogue.
** Contaminant in this context means composting in a vessel, in a sealed building or by some other process equally effective to produce a wholly contained and controlled environment.

(3) The secure storage of biodegradable waste which is to be composted in reliance upon the exemption conferred by sub paragraph (1) at a place other than the place where such composting is or is to be carried on where-

(a) the waste is stored for a period not exceeding 48 hours and is to be taken directly from the storage site to that place;
(b) such storage is part of a scheme for the collection of waste from groups of premises; and
(c) the total quantity of waste so stored does not exceed 10 tonnes.

(4) For the purposes of this paragraph and paragraph 12A-

(a) "composting" means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled aerobic conditions that result in a stable sanitised material that can be applied to land for the benefit of agriculture, horticulture or ecological improvement; and
(b) the reference to "treated" waste includes waste which is undergoing maturation.

15 Composting any of the wastes listed in Table 3B for the purpose of cultivating mushrooms at the place where the waste is produced or where the compost is to be used, or at any other place occupied by the person producing the waste or using the compost, where the quantity of waste being composted at any one time does not exceed 2500 tonnes.

16.-(1) The manufacture from-

(a) waste which arises from demolition or construction work or tunnelling or other excavations; or
(b) waste which consists of ash, slag, clinker, rock, wood, bark, paper, straw or gypsum,

of timber products, straw board, plasterboard, bricks, blocks, roadstone or aggregate.

(2) The manufacture of soil or soil substitutes from any of the wastes listed in sub-paragraph (1) above if-

(a) the manufacture is carried out at the place where either the waste is produced or the manufactured product is to be applied to land; and
(b) the total amount manufactured at that place on any day does not exceed 500 tonnes.

(3) The treatment of waste soil or rock which, when treated, is to be spread on land under paragraph 9 or 11, if-

(a) it is carried out at the place where the waste is produced or the treated product is to be spread; and
(b) the total amount treated at that place in any day does not exceed 100 tonnes.

(4) The storage of waste which is to be submitted to any of the activities mentioned in sub-paragraphs (1) to (3) above if-

(a) the waste is stored at the place where the activity is to be carried on; and
(b) the total quantity of waste stored at that place does not exceed-

(i) in the case of the manufacture of roadstone from road planings, 50,000 tonnes; and
(ii) in any other case, 20,000 tonnes.

17.-(1) The manufacture of finished goods from any of the following kinds of waste, namely waste metal, plastic, glass, ceramics, rubber, textiles, wood, paper or cardboard.

(2) The storage of any such waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) above if-

(a) the waste is stored at the place of manufacture; and
(b) the total amount of any particular kind of waste stored at that place at any time does not exceed 15,000 tonnes.

18.-(1) The beneficial use of waste if-

(a) it is put to that use without further treatment; and
(b) that use of the waste does not involve its disposal.

(2) The storage of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) above insofar as that storage does not amount to disposal of the waste.

(3) This paragraph does not apply to the use or storage of waste if that activity is covered by an exemption conferred by paragraph 9, 10, 11, 21 or 27, or would be so covered but for any condition or limitation to which that exemption is subject by virtue of any provision contained in the paragraph by which that exemption is conferred.

19.-(1) The storage in a secure place on any premises of waste of a kind described in Table 4 below if-

(a) the total quantity of that kind of waste stored on those premises at any time does not exceed the quantity specified in that Table;

(b) the waste is to be reused, or used for the purposes of-

(i) an activity described in paragraph 13; or
(ii) any other recovery operation;

(c) each kind of waste listed in the Table stored on the premises is kept separately; and
(d) no waste is stored on the premises for longer than twelve months.

Table 4

(2) In this paragraph-

"mammalian protein" means proteinaceous material and "mammalian tallow" means fat, which in each case is derived from the whole or part of any dead mammal be a process of crushing, cooking or grinding.

20.-(1) The storage on any premises in a secure container or containers of waste of a kind described in sub-paragraph (2) below if-

(a) the storage capacity of the container or containers does not exceed 400 cubic metres in total;
(b) in the case of waste oil, the storage capacity of any container or containers used for its storage does not exceed 3 cubic metres in total, and provision is made to prevent oil escaping into the ground or a drain;
(c) there are no more than 20 containers on those premises;
(d) the waste will be reused, or used for the purposes of-

(i) any activity described in paragraph 13 carried on at those premises; or
(ii) any other recovery activity;

(e) each kind of waste described in sub-paragraph (2) below stored on the premises is kept separately;
(f) no waste is stored on the premises for longer than twelve months; and
(g) the person storing the waste is the owner of the container or has the consent of the owner.

(2) Sub-paragraph (1) above applies to the following kinds of waste-

(a) any waste described in paragraph 19 other than waste solvents, refrigerants or halons;
(b) waste oil (including waste oil which is special waste).

21.-(1) Subject to the following provisions of this paragraph, the storage on a site of any of the wastes listed in Table 4AA, if-

(a) the waste in question is suitable for use for the purposes of relevant work which will be carried on at the site;
(b) in the case of waste which is not produced on the site, it is not stored there for longer than 6 months; and
(c) no more than 50,000 tonnes of the waste is stored on site.

TABLE 4AA

* Codes referred to in the European Waste Catalogue.
** Wastes containing dangerous substances are not included.
*** The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.

(2) The use of waste of a kind mentioned in paragraph (1) above for the purposes of relevant work if-

(a) the waste is suitable for use for those purposes;
(b) the waste is so used in accordance with the requisite planning permission (if any); and
(c) the waste is used to a depth not exceeding the dimensions of the final cross sections shown on the plan submitted under regulation 18(4C) of these Regulations.

(3) The storage on a site of waste consisting of road planings and roadbase (within category 17 03 02 of the European Waste Catalogue, as listed in Table 4AA above), which are to be used for the purposes of relevant work carried on elsewhere if-

(a) no more than 50,000 tonnes of such waste are stored at the site; and
(b) the waste is stored there for no longer than 6 months.

(4) In this paragraph, "relevant work" means the use of waste-

(a) for the construction, maintenance or improvement of-

(i) a building, road, railway, airport, dock or other transport facility;
(ii) recreational facilities; or
(iii) drainage; or

(b) for engineering works relating to or adjacent to controlled waters within the meaning of the Control of Pollution Act 1974,

but does not include work involving land reclamation.

(5) In paragraph 4(a) above, the reference to "drainage" is a reference to drainage works within the meaning of the Land Drainage (Scotland) Act 1958.

22.-(1) Laundering or otherwise cleaning waste textiles with a view to their recovery or reuse.

(2) The storage of waste textiles at the place where they are to be so laundered or cleaned.

23.-(1) Chipping, shredding, cutting or pulverising waste plant matter (including wood or bark), or sorting and baling sawdust or wood shavings, on any premises if-

(a) those activities are carried on for the purposes of recovery or reuse; and
(b) no more than 1,000 tonnes of such waste are dealt with on those premises in any period of seven days.

(2) The storage of waste in connection with any activity mentioned in sub-paragraph (1) above at the premises where it is carried on if the total amount of waste stored at those premises does not at any time exceed 1,000 tonnes.

24.-(1) The recovery, at any premises, of silver from waste produced in connection with printing or photographic processing if no more than 50,000 litres of such waste are dealt with on those premises in any day.

(2) The storage, at those premises, of waste which is to be submitted to such a recovery operation as is mentioned in sub-paragraph (1) above.

25.-(1) The recovery of waste consisting of animal by-products at a collection centre in accordance with an authorisation under regulation 27 of the Animal By-Products (Scotland) Regulations 2003 if the total quantity of waste being recovered at that collection centre at any time does not exceed 10 tonnes.

(2) The storage of the waste intended to be submitted to such treatment if-

(a) storage takes place in a secure place; and
(b) no waste is stored for more than twelve months.

(3) In this paragraph, "animal by-products" and "collection centre" have the same meaning as in the Community Regulation as defined in regulation 2(1) of the Animal By-Products (Scotland) Regulations 2003( ¹²).

26.-(1) [Crushing, grinding or other size reduction of waste bricks, tiles or concrete, under an authorisation granted under Part I of the 1990 Act, to the extent that it is or forms part of a process within paragraph (c) of Part B of Section 3.4 (other mineral processes) of Schedule 1 to the 1991 Regulations or] under a permit under the 2000 Regulations, to the extent that it is or forms part of an activity within paragraph (a) of Part B of Section 3.5 (other mineral activities) of Part 1 of Schedule 1 to the 2000 Regulations.

(2) Where any such crushing, grinding or other size reduction is carried on otherwise than at the place where the waste is produced, the exemption conferred by sub-paragraph (1) above only applies if those activities are carried on with a view to recovery or reuse of the waste.

(3) The storage, at the place where the process is carried on, of any such waste which is intended to be so crushed, ground or otherwise reduced in size, if the total quantity of such waste so stored at that place at any one time does not exceed 20,000 tonnes.

27.-(1) Subject to sub-paragraphs (2) to (4) below, the deposit of waste arising from dredging inland waters, or from clearing plant matter from inland waters, if either-

(a) the waste is deposited along the bank or towpath of the waters where the dredging or clearing takes place; or

(b) the waste is deposited along the bank or towpath of any inland waters so as to result in benefit to agriculture or ecological improvement.

(2) The total amount of waste deposited along the bank or towpath under sub-paragraph (1) above on any day must not exceed 50 tonnes for each metre of the bank or towpath along which it is deposited.

(3) Sub-paragraph (1) above does not apply to waste deposited in a container or lagoon.

(4) Sub-paragraph (1)(a) above only applies to an establishment or undertaking where the waste deposited is the establishment or undertaking's own waste.

(5) The treatment by screening or dewatering of such waste as is mentioned in sub-paragraph (1) above-

(a) on the bank or towpath of the waters where either the dredging or clearing takes place or the waste is to be deposited, prior to its being deposited in reliance upon the exemption conferred by the foregoing provisions of this paragraph;

(b) on the bank or towpath of the waters where the dredging or clearing takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 9(1) or (2); or

(c) in the case of waste from dredging, on the bank or towpath of the waters where the dredging takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 11(1).

28.-(1) The recovery or disposal of waste, at the place where it is produced, as an integral part of the process that produces it.

(2) The storage, at the place where it is produced, of waste which is intended to be so recovered or disposed of.

(3) Sub-paragraph (1) above does not apply to the final disposal of waste by deposit in or on land.

29.-(1) Baling, compacting, crushing, shredding or pulverising waste at the place where it is produced.

(2) The storage, at the place where it is produced, of waste which is to be submitted to any of those operations.

30. The storage of returned goods that are waste, and the secure storage of returned goods that are special waste, pending recovery or disposal by their manufacturer, distributor or retailer if the total quantity of waste so stored in any period of one month does not exceed 1000 tonnes.

31.-(1) The disposal of waste at the place where it is produced, by the person producing it, by burning it in an incinerator-

(a) which is an exempt incinerator for the purposes of Section 5.1 (incineration) of Schedule 1 to the 1991 Regulations or an incineration plant or a co-incineration plant with a capacity of less than 50kg per hour which is an excluded plant for the purposes of Section 5.1 of Part 1 of Schedule 1 to the 2000 Regulations; or

(b) which is not an incineration plant or a co-incineration plant.

(2) The secure storage at that place of any such waste intended to be submitted to such burning.

32.-(1) Subject to sub-paragraph (2) below, burning waste on land in the open if-

(a) the waste consists of plant tissue;

(b) it is agricultural waste or it is produced on land which is operational land of a railway, light railway, tramway, internal drainage board the British Waterways Board or the National Rivers Authority, or which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, bank of an inland waterway, churchyard or cemetery, or it is produced on other land as a result of demolition work;

(c) it is burned on the land where it is produced; and

(d) the total quantity burned in any period of 24 hours does not exceed 10 tonnes.

(2) Sub-paragraph (1) above only applies to the burning of waste by an establishment or undertaking where the waste burned is the establishment or undertaking's own waste.

(3) The storage pending its burning, on the land where it is to be burned, of waste which is to be burned in reliance upon the exemption conferred by sub-paragraph (1) above.

(4) The treatment of land for the benefit of agriculture or ecological improvement by incorporation into soil of ash from waste which is burned on that land in reliance on the exemption conferred by sub-paragraph (1) above.

33. The discharge of waste onto the track of a railway from a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on the railway if the discharge in question does not exceed 25 litres.

34. The burial on premises of waste arising from the use on those premises of a sanitary convenience which is equipped with a removable receptacle if the total amount buried in any period of twelve months does not exceed 5 cubic metres.

35.-(1) The keeping or deposit of waste consisting of excavated materials arising from peatworking at the place where that activity takes place.

(2) Sub-paragraph (1) above only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking's own waste.

36.-(1) The keeping or deposit on land at the place where it is produced of spent ballast if the land is operational land of a railway, light railway or tramway and the total amount kept or deposited at that place does not exceed 10 tonnes for each metre of track from which the ballast derives.

(2) Sub-paragraph (1) above only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking's own waste.

37.-(1) The deposit of waste consisting of excavated material from a borehole or other excavation made for the purpose of mineral exploration if-

(a) it is deposited in or on land at the place where it is excavated; and

(b) the total quantity of waste so deposited over any period of 24 months does not exceed 45,000 cubic metres per hectare.

(2) Sub-paragraph (1) above only applies if-

(a) the drilling of the borehole or the making of any other excavation is development for which planning permission is granted by article 3 of, and Class A or B of Part 22 of Schedule 2 to, the Town and Country Planning General Development Order 1988 or, in Scotland, which is permitted by Class 53, 54 or 61 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992; and

(b) the conditions subject to which the development is permitted are observed.

(3) Expressions used in this paragraph which are also used in the Town and Country Planning General Development Order 1988 or, in Scotland, the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, shall have the same meaning as in the relevant Order.

38.-(1) The temporary storage of waste including any such waste which is special waste, at waste reception facilities provided within a harbour area in accordance with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 ("the 2003 Regulations")( ¹³), where such storage is incidental to the collection or transport of the waste and so long as-

(a) the amount of waste so stored within a harbour area at any time does not exceed 20 cubic metres for each ship from which waste has been landed; and

(b) no waste is so stored for more than seven days.

(2) The temporary storage of waste consisting of tank washings, including any such waste which is special waste, at reception facilities provided within a harbour area in accordance with the 2003 Regulations, where such storage is incidental to the collection or transport of the waste and so long as-

(a) the amount of tank washings consisting of dirty ballast so stored within a harbour area at any time does not exceed 30% of the total deadweight of the ships from which such washings have been landed;

(b) the amount of tank washings consisting of waste mixtures containing oil so stored within a harbour area at any time does not exceed 1% of the total deadweight of the ships from which such washings have been landed.

(3) In this paragraph-

"garbage" has the same meaning as in the Merchant Shipping (Reception Facilities for Garbage) Regulations 1988;

"harbour area" has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987( ¹⁴);

"ship" means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform; and

"tank washings" means waste residues from the tanks (other than the fuel tanks) or holds of a ship or waste arising from the cleaning of such tanks or holds.

39.-(1) Subject to sub-paragraph (2) below, the burial of a dead domestic pet in the garden of a domestic property where the pet lived.

(2) This paragraph does not apply if-

(a) the dead domestic pet may prove hazardous to anyone who may come into contact with it; or

(b) the burial is carried out by an establishment or undertaking and the pet did not die at the property.

40. The deposit or storage of samples of waste, including samples of waste which are special waste (including the temporary storage of WEEE pending its recovery), which are being or are to be subjected to testing and analysis, at any place where they are being or are to be tested or analysed, if the samples do not exceed 10 tonnes and are taken-

(a) in the exercise of any power under the Radioactive Substances Act 1993, the Sewerage (Scotland) Act 1968, the Control of Pollution Act 1974, the 1990 Act, the Water Industry Act 1991 or the Water Resources Act 1991;
(b) by or on behalf of the holder of a waste management licence in pursuance of the conditions of that licence;
(c) by or on behalf of a person carrying on in relation to the waste an activity described in this Schedule or in regulation 16(1);
(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 of the 1990 Act applies in connection with his duties under that section; or
(f) for the purposes of research.

41.-(1) The secure storage at a pharmacy of waste medicines (including those which are special waste) which have been returned to the pharmacy from households or by individuals; and WEEE if-

(a) the total quantity of such returned waste medicines at the pharmacy does not exceed 5 cubic metres at any time; and

(b) any waste medicine so returned to the pharmacy is not stored there for longer than six months.

(2) The storage at the premises of a medical, nursing or veterinary practice of waste (including special waste) produced in carrying on that practice if-

(a) the total quantity of that waste at the premises does not at any time exceed 5 cubic metres; and

(b) no such waste is stored at those premises for longer than three months.

42.-(1) The storage of non-liquid waste at any place other than the premises where it is produced if-

(a) it is stored in a secure container or containers, does not at any time exceed 50 cubic metres in total and is not kept for a period longer than 3 months;
(b) the person storing the waste is the owner of the container or has the consent of the owner;
(c) the place where it is stored is not a site designed or adapted for the reception of waste with a view to its being disposed of or recovered elsewhere; and
(d) such storage is incidental to the collection or transport of the waste.

(2) Sub-paragraph (1) above does not apply to the storage of waste at a place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles.

(3) The temporary storage of scrap rails on operational land of a railway, light railway or tramway if the total quantity of that waste in any one place does not at any time exceed 10 tonnes and the storage is incidental to the collection or transport of the scrap rails.

43.-(1) The temporary storage of waste, pending its collection, on the site where it is produced.

(2) Sub-paragraph (1) above does not apply to the storage of waste at a place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles.

(3) Subject to sub-paragraph (2), sub-paragraph (1) shall only apply to waste motor vehicles where such temporary storage conforms with the obligations and the minimum technical requirements described, respectively, in paragraph 1 to each of Parts 1 and 2 of the Schedule to the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003( ¹⁵).

(4) Sub-paragraph (1) above shall apply to special waste if-

(a) it is stored on the site for no more than twelve months;
(b) in the case of liquid waste, it is stored in a secure container and the total volume of that waste does not at any time exceed 23,000 litres; and
(c) in any other case, either-

(i) it is stored in a secure container and the total volume of that waste does not at any time exceed 80 cubic metres; or

(ii) it is stored in a secure place and the total volume of that waste does not at any time exceed 50 cubic metres.

44.-(1) The treatment or keeping by any person at any premises of waste (including special waste) if-

(a) he was carrying on the activity in question at those premises before 1st May 1994; and

(b) before that date no disposal licence was required under Part I of the Control of Pollution Act 1974 for that activity.

(2) Subject to sub-paragraph (3) below, the exemption conferred by sub-paragraph (1) above, in relation to an activity carried on by a person at any premises, shall-

(a) after 30th September 1996, in the case of an activity falling within paragraph 8 or 9 of Part III of Schedule 4;

(b) after 31st July 1995, in any other case,

cease to have effect in relation to the carrying on of that activity at those premises unless on or before that date he applies for a waste management licence in relation to the activity in question.

(3) Where a person makes such an application as is mentioned in sub-paragraph (2) above, the exemption conferred by sub-paragraph (1) above shall continue to have effect in relation to the activity in question until the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, until the date on which-

(a) the period for appealing expires without an appeal being made; or

(b) any appeal is withdrawn or finally determined.

45.-(1) Heating iron, steel or any ferrous-alloy, non-ferrous metal or non-ferrous metal alloy, in 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, for the purpose of removing grease, oil or any other non-metallic contaminant.

(2) Sub-paragraph (1) does not apply to the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

(3) In the case of a process involving the heating of iron, steel or any ferrous-alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (h), or (j) to (m), of Part A or paragraphs (a) to (c), or (e) or (f), of Part B of Section 2.1 of Schedule 1 to the 1991 Regulations an activity described in Section 2.1 (other than in paragraph (d) of Part B) of Part 1 of Schedule 1 to the 2000 Regulations.

(4) In the case of a process involving the heating of any non-ferrous metal or non-ferrous metal alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (g), or (i) to (k), of Part A of Section 2.2 of Schedule 1 to the 1991 Regulations or an activity described in Part A of Section 2.2 of Part 1 of Schedule 1 to the 2000 Regulations.

(5) The secure storage of waste intended to be submitted to heating to which sub-paragraph (1) applies if the waste or, as the case may be, any container in which the waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.

(6) In this paragraph, "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.

(7) In this paragraph, "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 of Schedule 1 to the 1991 Regulations, and "non-ferrous metal alloy" shall be construed accordingly.

46.-(1) Subject to sub-paragraph (3) below, the carrying on, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles, in respect of a kind of waste described in Table 4A, of any of the activities specified in that Table in relation to that kind of waste if-

(a) the total quantity of any particular kind of waste so dealt with at that place does not in any period of seven days exceed the limit specified in relation to that kind of waste in that Table;
(b) the activity is carried on with a view to the recovery of the waste (whether or not by the person carrying on the activity listed in that Table);
(c) every part of that place upon which the activity is carried out is surfaced with an impermeable pavement provided with a sealed drainage system; and
(d) the plant or equipment used in carrying on the activity is maintained in reasonable working order.

Table 4A

(2) Subject to sub-paragraph (3) below, the storage, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles, of waste of a kind listed in Table 4B if-

(a) the waste is to be submitted to any of the activities specified in Table 4A in relation to that kind of waste, or to a recycling or reclamation operation authorised by a waste management licence or an authorisation under Part I of the 1990 Act or a permit under the 2000 Regulations;
(b) the total quantity of waste of that kind stored at that place does not exceed the maximum total quantity specified in Table 4B in relation to that kind of waste;
(c) no waste is stored at that place for a period exceeding 12 months;
(d) each kind of waste is either stored separately or is kept in separate containers, but in a case where a consignment consisting of more than one kind of waste is delivered to that place it may be stored unseparated at that place pending sorting for a period not exceeding 2 months;
(e) in the case of waste which is liquid or consists of motor vehicle batteries, it is stored in a secure container;
(f) in the case of waste motor vehicles, they are, where appropriate, stored on an impermeable pavement;
(g) subject to paragraph (f) above, the waste or, as the case may be, any container in which it is stored, is stored on an impermeable pavement which is provided with a sealed drainage system; and
(h) the height of any pile or stack of waste does not exceed 5 metres.

Table 4B

(3) Sub-paragraph (1) or (2) above only applies to the carrying on of an activity at a place if-

(a) the person responsible for the management of that place-

(i) has established administrative arrangements to ensure that-

(aa) waste accepted at that place is of a kind listed in Table 4A or, as the case may be, Table 4B; and
(bb) no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the terms and conditions of the exemption;

and

(ii) carries out a monthly audit to confirm compliance with the terms and conditions of the exemption;

(b) the records required by paragraph 14 of Part I of Schedule 4 are kept in such a form as to show, for each month, the total quantity of each kind of waste recovered during that month at that place, and details of the total quantity of each kind of waste recovered at that place during the preceding 12 months are sent annually to the appropriate registration authority with the charge referred to in paragraph (d) below;

(c) an up to date plan of that place containing the details referred to in regulation 18(4A)(c)(i) to (iv) is sent annually to the appropriate registration authority with the annual fee referred to in paragraph (d) below; and

(d) the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995 is paid in respect of that place to the appropriate registration authority by the due date which shall be ascertained in accordance with sub-paragraph (4) below.

(4) For the purposes of ascertaining the due date in any year for payment of the fee referred in sub-paragraph (3)(d) above in respect of any place-

(a) the appropriate registration authority shall serve notice in accordance with the following provisions of this sub-paragraph on the establishment or undertaking from which notice has been received by the authority under regulation 18(4A) in respect of that place;

(b) a notice required by paragraph (a) above shall be served not later than one month before the anniversary of the date when the notice, plan and fee referred to in regulation 18(4A) were received by the authority in respect of that place and shall specify-

(i) the amount of the payment due,
(ii) the method of payment,
(iii) the date of such anniversary,
(iv) that payment is due on that date or, if later, upon the day falling one month after the date of the notice, and
(v) the effect of payment not being made by the date on which it is due,

and the due date for payment of the annual fee for that year by that establishment or undertaking in respect of that place shall be the date specified for payment in the notice.

(5) The temporary storage of waste (in this sub-paragraph referred to as "the non-scrap waste"), pending its collection, at a secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles if-

(a) the non-scrap waste is not of a kind described in Table 4B;
(b) the non-scrap waste was delivered to that place as part of a consignment of waste of which-

(i) at least 70 per cent by weight was waste consisting of waste motor vehicles; or
(ii) at least 95 per cent by weight was waste of any kind described in Table 4B other than waste motor vehicles, and is capable of being separated from that waste by sorting or hand dismantling;

(c) the non-scrap waste is stored at that place for no more than 3 months;
(d) in a case where the non-scrap waste is liquid, it is stored in a secure container; and
(e) the non-scrap waste or, as the case may be, the container in which the non-scrap waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.

(6) In Table 4A, "shearing" means the cold cutting of metal by purpose-made shears, and "depolluted" in relation to waste motor vehicles has the meaning given in regulation 2 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003.

(7) For the purposes of this paragraph and paragraph 45 above, "sealed drainage system", in relation to an impermeable pavement, means a drainage system with impermeable components which does not leak and which will ensure that-

(a) no liquid will run off the pavement otherwise than via the system; and

(b) except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.

47.-(1) Subject to sub paragraphs (3) and (4), the burning at a dock of waste consisting of-

(a) plant tissue waste, in pursuance of a notice given under regulation 22 of the Plant Health (Great Britain) Order 1993; or

(b) wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets, in pursuance of a notice given under regulation 21 of the Plant Health (Forestry) (Great Britain) Order 1993.

(2) Subject to sub paragraph (3), the storage at the dock where it was unloaded of waste intended to be burned under paragraph (1).

(3) The total quantity of waste stored or burned, in any period of 24 hours, shall not exceed 15 tonnes.

(4) The waste shall be burnt on a hard-standing, within a secure location at the dock where it was unloaded.".

48.-(1) Subject to paragraph (3) below, the repair or refurbishment or both at a secure place of WEEE as described in Table 5A, together with any incidental storage and other incidental activities in relation to that type of WEEE if-

(a) the activity is carried on with a view to the reuse of the WEEE for its original purpose;
(b) best available treatment, recovery and recycling techniques are used when carrying out the activity;
(c) in respect of a description of waste contained in a particular row to Table 5A, the total quantity of WEEE so dealt with at that place does not exceed either the storage limit specified in column 2 of the Table or the treatment limit specified in column 3;
(d) the technical requirements specified in Annex III of the WEEE Directive are met;
(e) prior to the treatment of WEEE and in relation to any waste components from WEEE, such WEEE or components are stored in such a manner that their environmentally sound reuse or recycling is not hindered;
(f) no WEEE is stored at that place for more than 12 months.

Table 5 A

* In total either awaiting repair or refurbishment or stored following such treatment.

(2) Subject to paragraph (3) below, the carrying on, at any secure place in respect of WEEE that is hazardous waste as described in Table 5B, the treatment activities of repair or refurbishment or both together with any incidental storage and other incidental activities, but not including the degassing and capture of ozone depleting substances in relation to that type of WEEE if-

(a) the activity is carried on primarily with a view to the reuse of the WEEE for its original purpose;

(b) best available treatment, recovery and recycling techniques are used when carrying out the activity;

(c) in respect of a description of waste contained in a particular row to Table 5B the total quantity of WEEE so dealt with at that place does not exceed either the storage limit specified in column 2, or the treatment limit specified in column 3 of the Table for the types of WEEE in that row;

(d) the technical requirements specified in Annex III of the WEEE Directive are met;

(e) the other requirements specified in column 4 of the Table for that type of WEEE are met;

(f) prior to the treatment of WEEE and in relation to any waste components from WEEE, such WEEE or components are stored in such a manner that their environmentally sound reuse or recycling is not hindered; and

(g) no WEEE is stored at that place for more than 12 months.

Table 5B

* In total either awaiting repair or refurbishment or stored following such treatment.

(3) Paragraphs (1) or (2) above only apply to the carrying out of an activity at a place if-

(a) the person responsible for the management of that place has established administrative arrangements to ensure that-

(i) WEEE accepted at that place is of a type set out in column 1 of Table 5A or 5B, as the case may be; and
(ii) no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the terms and conditions of the exemption;

(b) an up to date plan of that place containing the details referred to in regulation 18(4C) is sent annually to SEPA; and
(c) the applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995( ¹⁷), or where there is no applicable scheme, the sum of £265, is paid in respect of that place to SEPA by the due date which shall be ascertained in accordance with the provisions of paragraph 45(4) above. In ascertaining such date, the reference to regulation 18(4A) in paragraph 45(4)(a) and (b) shall be construed as a reference to regulation 18(4C).

(4) For the purposes of this paragraph, the storage and treatment limits set out in columns 2 and 3 of Tables 5A and 5B are overall limits that apply to all waste falling within the 6 digit code or codes specified in column 1 of that particular row.

49.-(1) The storage at any secure place of WEEE of a type listed in column 1 of Table 6A if-

(a) if the WEEE is stored for the purpose of its recovery elsewhere;
(b) the total quantity of any particular type of WEEE stored at the site at any time does not exceed the storage limit specified in column 2 of the Table;
(c) the total duration that any particular type of WEEE is stored for does not exceed the duration limits specified in column 3 of the Table;
(d) the other storage requirements specified in column 4 of the Table are met; and
(e) the WEEE is stored in such a manner that its environmentally sound reuse or recycling is not hindered.

Table 6A

(2) The storage at any secure place of WEEE of a type listed in column 1 of Table 6B if-

(a) if the WEEE is stored for the purpose of its recovery elsewhere;
(b) the total quantity of any particular type of WEEE stored at the site at any time does not exceed the storage limit specified in column 2 of the Table (c);
(c) the total duration that any particular type of WEEE is stored for does not exceed the duration limits specified in column 3 of the Table;
(d) the type of containment and other requirements specified in columns 4 and 5 of the Table are met;
(e) the WEEE is stored in such a manner that its environmentally sound reuse or recycling is not hindered.

Table 6B

(3) For the purposes of subparagraphs (1) and (2), the activity of storage shall be taken to include the incidental sorting of waste of that type.

(4) For the purposes of this paragraph, the storage and treatment limits set out in columns 2 and 3 of Tables 6A and 6B are overall limits that apply to all waste falling within the 6 digit code or codes specified in column 1 of that particular row.".