Exemptions Review

Tessa BoweringSenior Environment Officer

What has changed?No more simple and complex exemptionsAll exemptions are low riskRegistration lasts 3 years60 new exemptionsFall into 1 of 4 categories:

Use (U1 – U16) Treatment (T1 – T33) Disposal (D1 – D8) Storage (S1 – S3)

For activities that do not involve recovery or disposal of waste i.e. they do not fall into S33(1)(a) of the EPA 1990 there are 3 non-registerable exemptions available – they do not need to be registered but their rules must be complied with.

The site must not earn money from the activity and must not be part of a permitted waste operation e.g. CA Site

Non-Waste Framework Directive Exemptions

One: Temporary storage of any waste at the site of production

Waste is stored pending its collection

Can only be carried out where the waste is produced

Waste can be stored for no longer than 12 months

Waste must be stored in a secure place

E.g. storage of waste paper at an office

Two: Temporary storage of waste at a place controlled by the producer

Waste is stored pending its collection

Waste doesn’t include un-bonded asbestos and substances with a flash point of less than 21 degrees Celsius

Waste can be stored for no longer than 3 months

Waste must be stored in a secure place

Cont. Waste types must not be mixed

No more than 50 cubic metres of non-liquid waste can be stored

No more than 1000 litres of liquid waste can be stored at any one time

Liquid wastes must be stored in a container with a secondary containment

E.g. builder taking waste back to store in a skip at his site

Three: Temporary storage at a collection point

Waste is stored pending recovery or disposing of the waste elsewhere

Waste doesn’t include asbestos and substances with a flash point of less than 21 degrees Celsius

Waste can only be stored in a secure container at a collection point

Different waste types must not be mixed

Cont.

WEEE waste stored at any one time must not exceed 30 cubic metres

Non-haz waste that is not WEEE must not exceed 50 cubic metres

No more than 5 cubic metres of wastes other than those mentioned above may be stored at any one time

E.g. bottle bank in a supermarket car park

Transition to the new system

The new regulations came into effect on 6th April 2010. Transitional provisions will be in place over a 3.5 year period

There are no transitional arrangements if you did not hold an exemption by April 5th 2010

Up to 05/04/10Phase 1

6/04/10 – 30/09/11Phase 2

1/10/11 – 30/09/12Phase 3

1/10/12 – 30/09/13

New applicantsNew applicants

Regulatory PositionsRegulatory Positions

Up to 05/04/10Phase 1

6/04/10 – 30/09/11Phase 2

1/10/11 – 30/09/12Phase 3

1/10/12 – 30/09/13

Exemptions 9, 10, 12, 19 not involving agricultural waste on agricultural land

Exemptions 9, 10, 12, 19 not involving agricultural waste on agricultural land

Up to 05/04/10Phase 1

6/04/10 – 30/09/11Phase 2

1/10/11 – 30/09/12Phase 3

1/10/12 – 30/09/13

Exemptions 13 and 21 not involving agricultural waste on agricultural land

Exemptions 13 and 21 not involving agricultural waste on agricultural land

5/04/12

Up to 05/04/10Phase 1

6/04/10 – 30/09/11Phase 2

1/10/11 – 30/09/12Phase 3

1/10/12 – 30/09/13

Exemptions 4, 5, 6, 11, 14, 15, 17, 18, 20, 22, 23, 25, 29, 30, 31, 32, 38, 40, 41, 42 or 46 unless they involve the recovery or disposal of waste on agricultural land.Exemption 7 except where it involves agricultural waste on agricultural land

Exemptions 4, 5, 6, 11, 14, 15, 17, 18, 20, 22, 23, 25, 29, 30, 31, 32, 38, 40, 41, 42 or 46 unless they involve the recovery or disposal of waste on agricultural land.Exemption 7 except where it involves agricultural waste on agricultural land

Up to 05/04/10Phase 1

6/04/10 – 30/09/11Phase 2

1/10/11 – 30/09/12Phase 3

1/10/12 – 30/09/13

Exemptions involving agricultural waste on agricultural land and exemptions 2, 3, 8, 16, 24, 28, 36, 37, 43 to 45 (scrap metal) or 47.

Exemptions involving agricultural waste on agricultural land and exemptions 2, 3, 8, 16, 24, 28, 36, 37, 43 to 45 (scrap metal) or 47.

Based on the transitional system, operators will have to either:

register a new 3 year exemption; or

make an application for a permit; or

stop operating

2007 Regulations Exemption Paragraph number (1)

Existing exemption

title

Final date for transition to the revised Regulations

New exempt waste

operation reference

Exempt waste operation title

7 Waste for agricultural

benefit

Annual renewal

250t/Hectareper annum

30 Sep 2012 U10 Spreading waste on agricultural land50t/Ha (ish)

 

U11 Spreading waste on non-agricultural land50t/Ha (ish)

9 Land reclamation

20,000 m3Per Hectare

30 Sep 2011 U1 Use of waste in construction work

U115000 tonnes (ish)Spreading waste on non-agricultural land50t/Ha

2007 Regulations Exemption Paragraph number (1)

Existing exemption

title

Final date for transition to the revised Regulations

New exempt waste

operation reference

Exempt waste operation title

12 composting

1000 m3

30 Sep 2011 T23

T24

Spreading waste on agricultural land50t/Ha (ish)

 

T25 Spreading waste on non-agricultural land50t/Ha (ish)

13 Construction and Soil Materials

6 Apr 2012 T5 Screening and blending of waste

T6 Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising

2007 Regulations Exemption Paragraph number (1)

Existing exemption

title

Final date for transition to the revised Regulations

New exempt waste

operation reference

Exempt waste operation title

15 Use of waste 30 Sep 2012 U8 Use of waste for a specified purpose

  40-50,000t

19 Waste for construction

50,000t

30 Sep 2011 U1 Use of waste in construction work 5000t

U3 Use of waste in the construction of entertainment or educational installations etc

2007 Regulations Exemption Paragraph number (1)

Existing exemption

title

Final date for transition to the revised Regulations

New exempt waste

operation reference

Exempt waste operation title

21 Chipping and

shredding

1000t/week

5 Apr 2012 T6 Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising

Ancillary treatment 

50 t /week

45 Recovery of scrap metal

or motor vehicles

8000t40 vehicles

30 Sep 2013 T9 Recovery of scrap metal

1000t total

Low Risk Waste Positions

LRW positions will still exist. The new exemptions have absorbed a lot that existed but we are sure there will be requests for other activities to be considered low risk in the future.

LRW Panel will still consider requests and add to the list if deemed appropriate

Charging

There will be no charge for the registration of exemptions

EXCEPT FOR

T11 Repair or Refurbishment of WEEE which will incur an £840 charge.

Standard Rule Set Permits

How will applicants know if they need a permit?• Each exemption has a threshold volume

limit

• These limits are either storage limits, processing or total limits allowed by the exemption in question.

• If an operation falls below the limit, applicants can register an exemption

• If an operation falls above the limit, applicants will need to apply for a permit.

What has changed? New standard rules sets have been

developed for current exempt activities that will no longer meet the threshold limits of the new exemptions

These will be reviewed on an agreed timeframe so necessary changes can be made to the rule sets

Standard rule sets can not be modified to suit a specific site

What has not changed!

Same requirements as for other permits:

Competence to hold a permit Surrender provisions Planning Cost

Charges

Subsistence fees for site based Standard Rules Permits vary from £760 for composting to £2,420 for Anaerobic Digestion Plants.

Technical Competence

All operators must still demonstrate technical competence under one of two schemes:

• CIWM/WAMITAB Operator Competence Scheme

• CMS (Competence Management Scheme) with Environmental Services Association and Energy Utilities Skills

For further information: www.environment-agency.gov.uk/business/topics/permitting/32158.aspx