Exemptions Review Tessa Bowering Senior Environment Officer

What has changed?  No more simple and complex exemptions  All exemptions are low risk  Registration lasts 3 years  60 new exemptions  Fall 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 6 th April 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 5 th 2010

Up to 05/04/10 Phase 1 6/04/10 – 30/09/11 Phase 2 1/10/11 – 30/09/12 Phase 3 1/10/12 – 30/09/13 New applicants Regulatory Positions

Up to 05/04/10 Phase 1 6/04/10 – 30/09/11 Phase 2 1/10/11 – 30/09/12 Phase 3 1/10/12 – 30/09/13 Exemptions 9, 10, 12, 19 not involving agricultural waste on agricultural land

Up to 05/04/10 Phase 1 6/04/10 – 30/09/11 Phase 2 1/10/11 – 30/09/12 Phase 3 1/10/12 – 30/09/13 Exemptions 13 and 21 not involving agricultural waste on agricultural land 5/04/12

Up to 05/04/10 Phase 1 6/04/10 – 30/09/11 Phase 2 1/10/11 – 30/09/12 Phase 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 05/04/10 Phase 1 6/04/10 – 30/09/11 Phase 2 1/10/11 – 30/09/12 Phase 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.

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/Hectare per annum 30 Sep 2012U10Spreading waste on agricultural land 50t/Ha (ish) U11Spreading waste on non- agricultural land 50t/Ha (ish) 9 Land reclamation 20,000 m3 Per Hectare 30 Sep 2011U1Use of waste in construction work U tonnes (ish) Spreading waste on non- agricultural land 50t/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 2011T23 T24 Spreading waste on agricultural land 50t/Ha (ish) T25Spreading waste on non-agricultural land 50t/Ha (ish) 13 Construction and Soil Materials 6 Apr 2012T5Screening and blending of waste T6Treatment 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 waste30 Sep 2012U8Use of waste for a specified purpose 40-50,000t 19 Waste for construction 50,000t 30 Sep 2011U1Use of waste in construction work 5000t U3Use 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 2012T6Treatment 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 8000t 40 vehicles 30 Sep 2013T9Recovery 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: agency.gov.uk/business/topics/permitting/32158.aspx