The Environmental Permitting (England and Wales) Regulations 2016

1 In this Section, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2. Part A(1) a Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials. b Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces used are— i electric arc furnaces with a designed holding capacity of less than 7 tonnes, or ii cupola, crucible, reverberatory, rotary, induction, vacuum, electro-slag or resistance furnaces. c Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour. d Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any 12-month period of iron ore, except in the course of mining operations, or burnt pyrites. Part A(2) a Unless falling within Part A(1)(b) of this Section, producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour. b Operating hammers in a forge, the energy of which is more than 50 kilojoules per hammer, where the calorific power used is more than 20 megawatts. c Applying protective fused metal coatings with an input of more than 2 tonnes of crude steel per hour. d Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day. Part B a Unless falling within Part A(1)(b) of this Section, producing pig iron or steel, including continuous casting, in a plant with a production capacity of 2.5 or less tonnes per hour. b Unless falling within Part A(2)(a) or (d) of this Section, producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, including continuous casting) using— i one or more electric arc furnaces, none of which has a designed holding capacity of 7 or more tonnes, or ii a cupola, crucible, reverberatory, rotary, induction, vacuum, electro-slag or resistance furnace. c Desulphurising iron, steel or any ferrous alloy. d Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from scrap cable), unless— i it is carried on in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a rated thermal input of less than 0.2 megawatts, ii it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant, and iii it is not related to any other activity falling within this Part of this Section. e Unless falling within Part A(1) or Part A(2) of this Section, casting iron, steel or any ferrous alloy from deliveries of 50 or more tonnes of molten metal.

SECTION 2.2 — Non-ferrous metals

Interpretation and application of Section 2.2

1 Part A(1) and Part B do not apply to hand soldering, flow soldering or wave soldering. Part A(1) a Unless falling within Part A(2) of this Section, producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities. b Melting, including making alloys of, non-ferrous metals, including recovered products and the operation of non-ferrous metal foundries where— i the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals, and ii any furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 or more tonnes. c Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05 per cent by weight of either of those metals or both in aggregate. Part A(2) a Melting, including making alloys of, non-ferrous metals, including recovered products and operating of non-ferrous metal foundries where the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals, and— i no furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 or more tonnes, or ii the plant uses a vacuum furnace of any design holding capacity. Part B a Melting, including making alloys of, non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (such as refining or foundry casting) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals. b Heating in a furnace or any other appliance any non-ferrous metal or non-ferrous metal alloy for the purpose of removing grease, oil or any other non-metallic contaminant, including such operations as the removal by heat of plastic or rubber covering from scrap cable, if not related to another activity described in this Part of this Section, unless— i it involves the use of one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts, and ii it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant. c Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate of 20 or less tonnes per day. d Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate of 20 or less tonnes per day. e Unless falling within Part A(1) or Part A(2) of this Section, the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting. Interpretation and application of Part B

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

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

SECTION 2.3 — Surface treating metals and plastic materials

Part A(1)

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

Part A(2)

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

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

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

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

Part B

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

CHAPTER 3 — Mineral industries

SECTION 3.1 — Production of cement and lime

Part A(1)

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

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

Part A(2)

• (a) Grinding cement clinker.

Part B

• (a) Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.

• (b) Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products.

• (c) Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide.

• (d) Producing lime or magnesium oxide where the activity does not involve the heating of more than 50 tonnes per day of calcium carbonate or calcium magnesium carbonate or both in aggregate.

SECTION 3.2 — Activities involving asbestos

Interpretation of Section 3.2

1 In this Section “asbestos” means any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite. Part A(1) a Producing asbestos or manufacturing products based on or containing asbestos. b Stripping asbestos from railway vehicles except— i in the course of the repair or maintenance of the vehicle, ii in the course of recovery operations following an accident, or iii where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin). Part B a Unless related to an activity falling within Part A(1) of this Section, the industrial finishing of— i asbestos cement, ii asbestos cement products, iii asbestos fillers, iv asbestos filters, v asbestos floor coverings, vi asbestos friction products, vii asbestos insulating board, viii asbestos jointing, packaging or reinforcement material, ix asbestos packing, x asbestos paper or card, or xi asbestos textiles.

SECTION 3.3 — Manufacturing glass and glass fibre

Part A(1)

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

Part A(2)

• (a) Manufacturing glass, unless falling within Part A(1) of this Section, where the melting capacity of the plant is more than 20 tonnes per day.

Part B

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

• (a) Manufacturing glass at any location with the capacity to make 5,000 or more tonnes of glass in any 12-month period, and any activity involving the use of glass which is carried on at any such location in conjunction with its manufacture.

• (b) Manufacturing glass where the use of lead or any lead compound is involved.

• (c) Manufacturing any glass product where lead or any lead compound has been used in the manufacture of the glass except—

• (i) making products from lead glass blanks, or

• (ii) melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

• (d) Polishing or etching glass or glass products in the course of any manufacturing activity if—

• (i) hydrofluoric acid is used, or

• (ii) hydrogen fluoride may be released into the air.

• (e) Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

SECTION 3.4 — Production of other mineral fibres

Part A(1)

• (a) Melting mineral substances including the production of mineral fibres in plants with a melting capacity exceeding 20 tonnes per day.

SECTION 3.5 — Other mineral activities

Part A(2)

• (a) Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.

Part B

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

• (b) Any of the following activities unless carried on at an exempt location—

• (i) crushing, grinding or otherwise breaking up coal, coke or any other coal product;

• (ii) screening, grading or mixing coal, coke or any other coal product;

• (iii) loading or unloading petroleum coke, coal, coke or any other coal product except unloading on retail sale.

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

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

• (e) Coating road stone with tar or bitumen.

• (f) Loading, unloading or storing pulverised fuel ash in bulk prior to further transportation in bulk.

• (g) The fusion of calcined bauxite for the production of artificial corundum.

Interpretation and application of Part B

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

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

SECTION 3.6 — Ceramic production

Part A(1)

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

• (i) the kiln production capacity is more than 75 tonnes per day, or

• (ii) the kiln capacity is more than 4m³ and the setting density is more than 300kg/m³,

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

Part A(2)

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

• (i) the kiln production capacity is more than 75 tonnes per day, or

• (ii) the kiln capacity is more than 4m³ and the setting density is more than 300kg/m³.

Part B

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

• (b) Vapour glazing earthenware or clay with salts.

Interpretation of Part B

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

CHAPTER 4 — The chemical industry

Interpretation of Chapter 4

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

SECTION 4.1 — Organic chemicals

Interpretation of Section 4.1

1 In this Section, “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst. Part A(1) a Producing organic chemicals such as— i hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic); ii organic compounds containing oxygen (for example alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins); iii organic compounds containing sulphur (for example sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics); iv organic compounds containing nitrogen (for example amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers); v organic compounds containing phosphorus (for example substituted phosphines and phosphate esters); vi organic compounds containing halogens (for example halocarbons, halogenated aromatic compounds and acid halides); vii organometallic compounds (for example lead alkyls, Grignard reagents and lithium alkyls); viii plastic materials (for example polymers, synthetic fibres and cellulose-based fibres); ix synthetic rubbers; x dyes and pigments; xi surface-active agents. Part B a Unless falling within Part A(1) of this Section, any activity where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12-month period of 5 or more tonnes of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both. b The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers. c Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any 12-month period, the polymerisation or co-polymerisation of 100 or more tonnes of unsaturated hydrocarbon. d Unless falling within Part A(1) of this Section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if— i less than 5 tonnes of toluene di-isocyanate monomer is likely to be used in any 12-month period, and ii the activity may result in a release into the air which contains toluene di-isocyanate.

SECTION 4.2 — Inorganic chemicals

Part A(1)

• (a) Producing inorganic chemicals such as—

• (i) gases (for example ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide, hydrogen sulphide, oxides of carbon, sulphur compounds, oxides of nitrogen, hydrogen, oxides of sulphur, phosgene);

• (ii) acids (for example chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum and chlorosulphonic acid);

• (iii) bases (for example ammonium hydroxide, potassium hydroxide, sodium hydroxide);

• (iv) salts (for example ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate);

• (v) non-metals, metal oxides, metal carbonyls or other inorganic compounds (for example calcium carbide, silicon, silicon carbide, titanium dioxide);

• (vi) halogens or interhalogen compounds comprising two or more of halogens, or any compound comprising one or more of those halogens and oxygen.

• (b) Unless falling within any other Section, any manufacturing activity which is likely to result in the release into the air of any hydrogen halide (other than the manufacture of glass or the coating, plating or surface treatment of metal) or which is likely to result in the release into the air or water of any halogen or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water).

• (c) Unless falling within any other Section, any manufacturing activity (other than the application of a glaze or vitreous enamel) involving the use of, or the use or recovery of, any compound of any of the following elements—

• (i) antimony,

• (ii) arsenic,

• (iii) beryllium,

• (iv) gallium,

• (v) indium,

• (vi) lead,

• (vii) palladium,

• (viii) platinum,

• (ix) selenium,

• (x) tellurium,

• (xi) thallium,

where the activity may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in paragraph 7(1) of Part 1 of this Schedule.

• (d) Recovering any compound of cadmium or mercury.

• (e) Unless falling within any other Section, any manufacturing activity involving the use of mercury or cadmium or any compound of either element or which may result in the release into the air of either of those elements or their compounds.

• (f) Unless falling within any other Section, any activity (other than the combustion or incineration of carbonaceous material as defined in the Interpretation of Part A(1) of Section 1.2) which is likely to result in the release into the air of any acid-forming oxide of nitrogen.

SECTION 4.3 — Chemical fertiliser production

Part A(1)

• (a) Producing (including any blending which is related to their production) phosphorus-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers).

SECTION 4.4 — Plant health products and biocides

Part A(1)

• (a) Producing plant health products or biocides.

SECTION 4.5 — Pharmaceutical production

Part A(1)

• (a) Producing pharmaceutical products.

SECTION 4.6 — Explosives production

Part A(1)

• (a) Producing explosives.

SECTION 4.7 — Manufacturing activities involving carbon disulphide or ammonia

Part A(1)

• (a) Any activity for the manufacture of a chemical which may result in the release of ammonia into the air, other than an activity in which ammonia is only used as a refrigerant.

SECTION 4.8 — The storage of chemicals in bulk

Part B

• (a) The storage in tanks, other than in tanks for the time being forming part of a powered vehicle, of any of the substances listed below, except where the total storage capacity of the tanks installed at the location in question in which the relevant substance may be stored is less than the figure specified below in relation to that substance—

• (i) one or more acrylates, 20 tonnes (in aggregate);

• (ii) acrylonitrile, 20 tonnes;

• (iii) anhydrous ammonia, 100 tonnes;

• (iv) anhydrous hydrogen fluoride, 1 tonne;

• (v) toluene di-isocyanate, 20 tonnes;

• (vi) vinyl chloride monomer, 20 tonnes;

• (vii) ethylene, 8,000 tonnes.

CHAPTER 5 — Waste management

SECTION 5.1 — Incineration and co-incineration of waste

Part A(1)

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

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

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

Part B

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

• (i) vegetable waste from agriculture or forestry;

• (ii) vegetable waste from the food processing industry, if the heat generated is recovered;

• (iii) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;

• (iv) cork waste;

• (v) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings;

• (vi) animal carcasses.

• (b) The cremation of human remains.

Application of Part B

1 When determining the extent of an installation carrying on an activity within Part B, any location of the following description is to be ignored: any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried on, other than a location where the associated storage or handling of animal remains intended for burning in an incinerator used wholly or mainly for the incineration of such remains or residues from the burning of such remains in such an incinerator is carried on.

SECTION 5.2 — Disposal of waste by landfill

Part A(1)

• (a) The disposal of waste in a landfill—

• (i) receiving more than 10 tonnes of waste in any day, or

• (ii) with a total capacity of more than 25,000 tonnes,

but excluding disposals in a landfill taking only inert waste.

SECTION 5.3 — Disposal or recovery of hazardous waste

Part A(1)

• (a) Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities—

• (i) biological treatment;

• (ii) physico-chemical treatment;

• (iii) blending or mixing prior to submission to any of the other activities listed in this Section or in Section 5.1;

• (iv) repackaging prior to submission to any of the other activities listed in this Section or in Section 5.1;

• (v) solvent reclamation or regeneration;

• (vi) recycling or reclamation of inorganic materials other than metals or metal compounds;

• (vii) regeneration of acids or bases;

• (viii) recovery of components used for pollution abatement;

• (ix) recovery of components from catalysts;

• (x) oil re-refining or other re-uses of oil;

• (xi) surface impoundment.

SECTION 5.4 — Disposal, recovery or a mix of disposal and recovery of non-hazardous waste

Part A(1)

• (a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) involving one or more of the following activities, and excluding activities covered by Council Directive 91/271/EEC concerning urban waste-water treatment[^f00058]—

• (i) biological treatment;

• (ii) physico-chemical treatment;

• (iii) pre-treatment waste for incineration or co-incineration;

• (iv) treatment of slags and ashes;

• (v) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

• (b) Recovery or a mix of recovery and disposal of non-hazardous waste with a capacity exceeding 75 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) involving one or more of the following activities, and excluding activities covered by Council Directive 91/271/EEC—

• (i) biological treatment;

• (ii) pre-treatment of waste for incineration or co-incineration;

• (iii) treatment of slags and ashes;

• (iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

Interpretation of Part A(1)

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

SECTION 5.5 — The production of fuel from waste

Part A(1)

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

SECTION 5.6 — Temporary or underground storage of hazardous waste

Part A(1)

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

• (i) temporary storage, pending collection, on the site where the waste is generated, or

• (ii) activities falling within Section 5.2.

• (b) Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.

SECTION 5.7 — Treatment of waste water

Part A(1)

• (a) Independently operated treatment of waste water not covered by Directive 91/271/EEC and discharged by an installation carrying out any other Part A(1) or A(2) activity.

CHAPTER 6 — Other activities

SECTION 6.1 — Paper, pulp and board manufacturing activities

Part A(1)

• (a) Producing, in industrial plant, pulp from timber or other fibrous materials.

• (b) Producing, in industrial plant, paper and board where the plant has a production capacity of more than 20 tonnes per day.

Part A(2)

• (a) Producing, in an industrial plant, one or more of the following wood-based panels with a production capacity exceeding 600m³ per day: oriented strand board, particleboard or fibreboard.

SECTION 6.2 — Carbon activities

Part A(1)

• (a) Producing carbon or hard-burnt coal or electro-graphite by means of incineration or graphitisation.

SECTION 6.3 — Tar and bitumen activities

Part A(1)

• (a) The following activities—

• (i) distilling tar or bitumen in connection with any process of manufacture, or

• (ii) heating tar for the manufacture of electrodes or carbon-based refractory materials,

where the activity is likely to involve the use in any 12-month period of 5 or more tonnes of tar or of bitumen or both in aggregate.

Part B

• (a) Any activity not falling within Part A(1) of this Section or of Section 6.2 involving—

• (i) heating, but not distilling, tar or bitumen in connection with any manufacturing activity, or

• (ii) oxidising bitumen by blowing air through it, at plant where no other activities described in any Section in this Schedule are carried on,

where the carrying on of the activity is likely to involve the use in any 12-month period of 5 or more tonnes of tar or bitumen or both in aggregate.

Interpretation of Part B

1 In Part B, “tar” and “bitumen” include pitch.

SECTION 6.4 — Coating activities, printing and textile treatments

Part A(1)

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

Part A(2)

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

Part B

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

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

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

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

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

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

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

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

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

• (iii) 5 or more tonnes of organic solvents.

Interpretation and application of Part B

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

2 The amount of organic solvents used in an activity must be calculated as— a the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes, less b any organic solvents that are removed from the process for re-use or for recovery for re-use.

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

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

Part B

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

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

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

Interpretation of Part B

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

2 The amount of organic solvents used in an activity must be calculated as— a the total input of organic solvents into the process, including both solvents contained in coating materials and solvents for cleaning or other purposes, less b any organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

SECTION 6.6 — Timber activities

Part A(2)

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

Part B

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

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

• (ii) 1,000 cubic metres in any other case.

Interpretation of Part B

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

SECTION 6.7 — Activities involving rubber

Part A(2)

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

• (i) natural rubber;

• (ii) synthetic organic elastomers;

• (iii) other substances mixed with them.

Part B

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

• (i) natural rubber, or

• (ii) synthetic organic elastomers,

if carbon black is used.

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

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

Interpretation of Section 6.8

1 1 In this Section— “animal” includes a bird or a fish; “controlled waters” has the meaning given in section 104 of the 1991 Act; “excluded activity” means— any activity carried on on a farm or agricultural holding other than— the manufacture of goods for sale; the production of compost for growing mushrooms; the manufacture or preparation of food or drink for human consumption but excluding— the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as an activity incidental to the cooking of food for human consumption; any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption; the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed; the fleshing, cleaning and drying of pelts of fur-bearing mammals; any activity carried on in connection with the operation of a collection centre for animal by-products; any activity for the manufacture of soap not falling within Part A(1) of Section 4.1; the storage of vegetable matter not falling within any other Section; the manufacture of starch; the salting of hides or skins, unless related to any other activity listed in this Schedule; any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms; any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers (and “related activity” means an activity being carried on by the same person at the same site); the drying of grain or pulses; any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth; the drying of green crops; “food” includes— drink, articles and substances of no nutritional value which are used for human consumption, and articles and substances used as ingredients in the preparation of food. 2 In sub-paragraph (1)— “green crops” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops; “green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents. Part A(1) a Tanning hides and skins at a plant with a treatment capacity of more than 12 tonnes of finished products per day. b Slaughtering animals at a plant with a carcass production capacity of more than 50 tonnes per day. c Disposing of or recycling animal carcasses or animal waste, other than by rendering in a small waste incineration plant, at a plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate. d Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed (where the weight of the finished product excludes packaging)— i only animal raw materials (other than milk only) with a finished product production capacity greater than 75 tonnes per day; ii only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year; iii animal and vegetable raw materials (other than milk only), both in combined and separate products, with a finished product production capacity in tonnes per day greater than— aa 75 if A is equal to 10 or more, or bb 300-(22.5 x A) in any other case, where ‘A’ is the portion of animal material in percent of weight of the finished product production capacity. e Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis). Part A(2) a Disposing of or recycling animal carcasses or animal waste by rendering at plant or in a small waste incineration plant, where the plant or small waste incineration plant has a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate. Part B a Processing, storing or drying by the application of heat the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into controlled waters or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if the processing, storing or drying— i does not fall within another Section, or Part A(1) or Part A(2) of this Section, ii is not an excluded activity, and iii may result in the release into the air of— aa any substance listed in in paragraph 6(3) of Part 1 of this Schedule, or bb any offensive smell noticeable outside the premises on which the activity is carried on. b Breeding maggots in any case where 5kg or more of animal matter, vegetable matter or both in aggregate, are introduced into the process in any week.

SECTION 6.9 — Intensive farming

Part A(1)

• (a) Rearing poultry or pigs intensively in an installation with more than—

• (i) 40,000 places for poultry,

• (ii) 2,000 places for production pigs (over 30kg), or

• (iii) 750 places for sows.

SECTION 6.10 — Carbon capture and storage

Part A(1)

• (a) Capture of carbon dioxide streams from an installation for the purposes of geological storage pursuant to Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide[^f00059].

SCHEDULE 2 — Exempt facilities: general

Interpretation: general

1

• (1) In this Schedule—

• “occupier” means a person who is or has been the occupier of the land on which an exempt water discharge activity or exempt groundwater activity is carried on;

• “operator” means the person carrying on a water discharge activity or groundwater activity;

• “register” means the register which the exemption registration authority is required to establish and maintain under paragraph 11(1);

• “registered” means—in relation to a waste operation, that the relevant particulars appear on the register during a valid registration period,in relation to a water discharge activity, groundwater activity or flood risk activity, that the relevant particulars appear on the register,and “registration” is to be construed accordingly;

• “relevant particulars” has the meaning given in paragraph 10(4);

• “valid registration period”, for an exempt waste operation, means the period of validity of a registration referred to in paragraph 15(1), as read with paragraph 15(2);

• “WEEE operation” means a waste operation falling within a description in paragraph T11.

• (2) In this Schedule, in relation to an exempt waste operation, a reference to any of paragraphs U1 to U16, T1 to T33, D1 to D8 or S1 to S3 has the meaning given in paragraph 1(8) of Chapter 1 of Part 1 of Schedule 3.

Interpretation: exemption registration authority and exemption authority

2

• (1) Subject to sub-paragraph (2), the exemption registration authority in relation to a waste operation falling within a description in Part 1 of Schedule 3 is the appropriate agency.

• (2) The exemption registration authority in relation to a waste operation falling within a description in paragraph T3 or T7 is—

• (a) for a waste operation carried on by waste mobile plant by an establishment or undertaking whose principal place of business is in England and Wales, the local authority in whose area it has its principal place of business;

• (b) for a waste operation carried on by waste mobile plant by an establishment or undertaking whose principal place of business is not in England and Wales, the local authority in whose area the operation is first carried on;

• (c) for a waste operation not carried on by waste mobile plant, the local authority in whose area the operation is carried on.

• (3) In relation to Wales only, the NRBW is the exemption registration authority in relation to—

• (a) a water discharge activity falling within a description in Part 2 of Schedule 3, and

• (b) a groundwater activity falling within a description in Part 3 of Schedule 3.

• (4) In relation to England only—

• (a) the Agency is the exemption registration authority in relation to—

• (i) a water discharge activity falling within a description in paragraph 1 of Part 2 of Schedule 3, and

• (ii) a groundwater activity falling within a description in paragraph 2 or 5 of Part 3 of Schedule 3;

• (b) the Agency is the exemption authority in relation to—

• (i) a water discharge activity falling within a description in paragraph 3 of Part 2 of Schedule 3, and

• (ii) a groundwater activity falling within a description in paragraph 4 of Part 3 of Schedule 3.

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

General condition

3

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

Exempt waste operations

4

• (1) For the purpose of the definition of “exempt waste operation”, the requirements are—

• (a) that a waste operation—

• (i) falls within a description in Part 1 of Schedule 3, and

• (ii) satisfies the general and specific conditions specified in that Part in relation to the description,

• (b) subject to sub-paragraph (2) and paragraph 13(10) of this Schedule, that—

• (i) the waste operation is registered, and

• (ii) an establishment or undertaking is registered in relation to it, and

• (c) that the type and quantity of waste submitted to the waste operation, and the method of disposal or recovery, are consistent with the need to attain the objectives mentioned in Article 13 of the Waste Framework Directive.

• (2) The registration requirements in sub-paragraph (1)(b) do not apply in respect of a waste operation carried on by a person who is not an establishment or undertaking.

Exempt water discharge activities: Wales

5

For the purpose of the definition of “exempt water discharge activity”, the requirements in Wales are—

• (a) that a water discharge activity—

• (i) falls within a description in Part 2 of Schedule 3, and

• (ii) satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

• (b) that the water discharge activity is registered and, subject to paragraph 13(10) of this Schedule, for a water discharge activity that falls within a description in—

• (i) paragraph 1 of Part 2 of Schedule 3, the operator is registered in relation to the activity, or

• (ii) paragraph 2 of Part 2 of that Schedule, the occupier is registered in relation to the activity, and

• (c) that the water discharge activity does not cause pollution of inland freshwaters, coastal waters or relevant territorial waters.

Exempt water discharge activities: England

6

For the purpose of the definition of “exempt water discharge activity”, the requirements in England are—

• (a) that the water discharge activity—

• (i) falls within a description in Part 2 of Schedule 3, and

• (ii) satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

• (b) where the water discharge activity falls within a description in paragraph 1 of Part 2 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))—

• (i) the activity is registered by the operator, and

• (ii) subject to paragraph 13(10) of this Schedule, the operator is registered in relation to that activity, and

• (c) that the water discharge activity does not cause pollution of inland freshwaters, coastal waters or relevant territorial waters.

Exempt groundwater activities: Wales

7

For the purpose of the definition of “exempt groundwater activity”, the requirements in Wales are—

• (a) that a groundwater activity—

• (i) falls within a description in Part 3 of Schedule 3, and

• (ii) satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

• (b) that the groundwater activity is registered and, subject to paragraph 13(10) of this Schedule, for a groundwater activity that falls within a description in—

• (i) paragraph 2 of Part 3 of Schedule 3, the operator is registered in relation to the activity,

• (ii) paragraph 3 of Part 3 of that Schedule, the occupier is registered in relation to the activity, or

• (iii) paragraph 5 of Part 3 of that Schedule, the operator is registered in relation to the activity, and

• (c) that the groundwater activity does not cause pollution of groundwater.

Exempt groundwater activities: England

8

For the purpose of the definition of “exempt groundwater activity”, the requirements in England are—

• (a) that the groundwater activity—

• (i) falls within a description in Part 3 of Schedule 3, and

• (ii) satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

• (b) where the groundwater activity falls within a description in paragraph 2 or 5 of Part 3 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))—

• (i) the activity is registered by the operator, and

• (ii) subject to paragraph 13(10) of this Schedule, the operator is registered in relation to the activity, and

• (c) that the groundwater activity does not cause pollution of groundwater.

Exempt flood risk activities

9

An “exempt flood risk activity” is a flood risk activity that—

• (a) falls within a description in Part 4 of Schedule 3,

• (b) satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

• (c) is registered, and

• (d) is an activity in relation to which the operator is registered.

Procedure for registering an exempt facility

10

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

• (a) the relevant particulars, and

• (b) the information specified in sub-paragraph (5).

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

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

• (4) The relevant particulars are—

• (a) the name and address of—

• (i) for a waste operation, the establishment or undertaking, or

• (ii) for a water discharge activity, groundwater activity or flood risk activity, the occupier or operator,

• (b) a description of the waste operation, water discharge activity, groundwater activity or flood risk activity,

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

• (i) the postcode (if applicable), or

• (ii) the Ordnance Survey National Grid reference point, and

• (d) if the waste operation is a WEEE operation, the type and quantity of waste subject to the operation.

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

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

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

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

Register of exempt facilities

11

• (1) Every exemption registration authority must establish and maintain a register of exempt facilities in relation to which it is the exemption registration authority.

• (2) Subject to sub-paragraphs (4) and (5), the exemption registration authority must ensure the register contains the relevant particulars—

• (a) for an exempt waste operation other than a WEEE operation, within 5 working days after the date that it receives notification of the relevant particulars and the information specified in paragraph 10(5);

• (b) for a WEEE operation—

• (i) where a decision is made under sub-paragraph (3) not to inspect the operation, within 5 working days after the date of the decision;

• (ii) otherwise, within 5 working days after the date of the inspection under sub-paragraph (3);

• (c) for an exempt water discharge activity, exempt groundwater activity or exempt flood risk activity, within 15 working days after the date that it receives notification of the relevant particulars.

• (3) Where information notified in accordance with paragraph 10(1) relates to a WEEE operation, the exemption registration authority may carry out an inspection of the operation before adding the information to the register in accordance with sub-paragraph (2).

• (4) Where following an inspection carried out under sub-paragraph (3) the authority is not satisfied that a WEEE operation would meet the conditions in sub-paragraph (3) of paragraph T11, the information notified must not be added to the register.

• (5) The exemption registration authority must ensure the register is updated to reflect any changes notified under paragraph 16(1) of this Schedule or under Part 2 or 3 of Schedule 3—

• (a) for exempt waste operations, within 5 working days after the date that it receives the notification, or

• (b) for exempt water discharge activities, exempt groundwater activities and exempt flood risk activities, within 15 working days after that date.

• (6) Every exemption registration authority must—

• (a) ensure that its register is open to inspection by the public free of charge at all reasonable hours, and

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

• (7) A register may be kept in any form.

Duty to remove entries from the register

12

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

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

• (b) the facility ceases to be an exempt facility.

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

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

Exclusion from the register of information affecting national security

13

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

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

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

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

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

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

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

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

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

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

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

• (b) is satisfied where—

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

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

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

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

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

14

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

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

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

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

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

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

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

Validity of registration of waste operations

15

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

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

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

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

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

• (6) In this paragraph—

• “date of registration” means the date on which the relevant particulars first appear on the register;

• “first registration” means—the first appearance on the register of relevant particulars for an establishment or undertaking in relation to a waste operation other than a WEEE operation, orin the case of a renewal, the first such appearance following the end of validity of the registration, other than the end of validity of the registration of a WEEE operation;

• “renewal date” means the date that the renewal of a registration takes effect.

Changes to relevant particulars relating to waste operations

16

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

• (a) any of the relevant particulars, and

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

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

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

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

Record keeping for exempt waste operations

17

• (1) This paragraph applies to every exempt waste operation where the waste operation—

• (a) is a WEEE operation, or

• (b) falls within a description in—

• (i) subject to sub-paragraph (2), paragraph U10 or U11;

• (ii) paragraph T9 , T12, T14, T15, T30, T33 or U8;

• (iii) paragraph T3, T7 or T17 where the operation is carried on by waste mobile plant.

• (2) But it does not apply in relation to an exempt waste operation where—

• (a) the waste operation falls within a description in paragraph U10 or U11, and

• (b) the establishment or undertaking is required to keep records in relation to the operation and the waste that is subject to that operation under the Nitrate Pollution Prevention Regulations 2015 or the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021.

• (3) An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

• (a) keep chronological records of—

• (i) the quantity, nature and origin of all waste disposed of or recovered in the course of that operation;

• (ii) where the waste operation involves the treatment of hazardous waste, the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations in the course of that operation; and

• (iii) where relevant, the destination, frequency of collection, mode of transport and treatment method of all waste disposed of or recovered in the course of that operation; and

• (b) where the waste operation falls within a description in paragraph T3, T7 or T17 and is carried on by waste mobile plant, keep records of the places where the operation is carried on.

• (4) An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

• (a) if the operation involves the treatment of hazardous waste—

• (i) retain any records that it is required to keep under sub-paragraph (3) for a period of 3 years; and

• (ii) during that period, if the exemption registration authority so directs, send those records to the exemption registration authority in such form and manner as the exemption registration authority specifies,

• (b) if the operation does not involve the treatment of hazardous waste—

• (i) retain any records that it is required to keep under sub-paragraph (3) for a period of 2 years; and

• (ii) during that period make those records available to the exemption registration authority on request.

Periodic inspections of establishments and undertakings

18

Every exemption registration authority must carry out appropriate periodic inspections of establishments and undertakings carrying on exempt waste operations in respect of which it is the exemption registration authority.

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

PART 1 — Exempt waste operations: descriptions and conditions

CHAPTER 1 — Interpretation of Part 1

Interpretation

1

• (1) In this Part—

• “agricultural land” has the meaning given in section 109(1) of the Agriculture Act 1947 and, for the purposes of the descriptions in paragraphs U10 and U11, includes land used for the production of timber or other non-food crops;

• “anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable waste which—is carried on under controlled anaerobic conditions, andresults in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land;

• “associated storage” means storage of waste that—is associated with the use, treatment or disposal of waste, andtakes place at the place where the use, treatment or disposal is carried on;

• “bank” means a bank, wall or embankment adjoining or confining, or constructed for the purposes of or in connection with, any channel and includes all land between the bank and low-watermark;

• “construction” means the carrying on of building or engineering work which includes the repair, alteration, maintenance or improvement of an existing work and preparatory or landscaping works;

• “impermeable surface” means a surface or pavement constructed and maintained to a standard sufficient to prevent the transmission of liquids beyond the surface;

• “inland waters” has the meaning given in section 221(1) of the 1991 Act;

• “List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste , as amended from time to time;

• “place of production” means, in relation to any waste, the place where the waste was originally produced;

• “Plant Health notice” means a notice served under—article 13 of the Plant Health (Phytophthora ramorum) (Wales) Order 2006 ;article 31 of the Plant Health (Forestry) Order 2005 ;article 32 of the Plant Health (England) Order 2015 ;article 32 of the Plant Health (Wales) Order 2006 ;

• “relevant waste”, where it appears in any paragraph in this Part, means waste that—falls within a code specified in the first column of the table in the paragraph, andis of a type specified in the second column of the table;

• “scrap metal” has the meaning given in section 21 of the Scrap Metal Dealers Act 2013 ;

• “sealed drainage” means a drainage system with an impermeable surface which ensures that—no liquid will run off the surface otherwise than via the system, andexcept where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump;

• “secondary containment” means a bund or any other system for preventing waste which has leaked from the primary container from escaping from the place where it is stored or treated.

• (2) In this Part, a six-digit code used to refer to a waste is a reference to the waste specified by the six-digit code in the List of Wastes, except insofar as the waste in this Part in relation to such a code does not include some of the types of waste specified by the code in the List.

• (3) Where a bund is used as secondary containment—

• (a) the bund must have an impermeable lining and—

• (i) have a capacity of not less than 110% of the original container's storage capacity, or

• (ii) if there is more than one container within the containment system, have a capacity of not less than 110% of the largest container's storage capacity or 25% of the aggregate storage capacity, whichever is the greater, and

• (b) reasonable precautions must be taken to ensure that the capacities specified in paragraph (a) are maintained at all times.

• (4) When interpreting 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.

• (5) Where a quantity limit is specified in relation to more than one operation (storage, use or treatment) in any one specific or additional condition, that quantity limit applies to all of those operations on an aggregate basis.

• (6) Where a waste operation is carried on by waste mobile plant, the quantity limits specified in any specific or additional specific condition in any Chapter of this Part apply in relation to each place where the operation is carried on.

• (7) The quantity limits specified in any specific condition in paragraphs U1, U2, U10, U11, U12 and U15 that relate to the use or storage of waste over a specified period apply for that period regardless of whether more than one establishment or undertaking carries on the operation at the same place over that period.

• (8) In this Part—

• (a) a reference to any of paragraphs U1 to U16 is a reference to a paragraph numbered 1 to 16 in Section 2 of Chapter 2 (use of waste);

• (b) a reference to any of paragraphs T1 to T33 is a reference to a paragraph numbered 1 to 33 in Section 2 of Chapter 3 (treatment of waste);

• (c) a reference to any of paragraphs D1 to D8 is a reference to a paragraph numbered 1 to 8 in Section 2 of Chapter 4 (disposal of waste);

• (d) a reference to any of paragraphs S1 to S3 is a reference to a paragraph numbered 1 to 3 in Section 2 of Chapter 5 (storage of waste).

CHAPTER 2 — Use of waste

SECTION 1 — Introductory

1

• (1) The descriptions in this Chapter—