Transcript Slide 1

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:
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Use (U1 – U16)
Treatment (T1 – T33)
Disposal (D1 – D8)
Storage (S1 – S3)
Non-Waste Framework
Directive Exemptions
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
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 nonliquid 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 05/04/10
New
applicants
Regulatory
Positions
Phase 1
Phase 2
6/04/10 – 30/09/11 1/10/11 – 30/09/12
Phase 3
1/10/12 – 30/09/13
Up to 05/04/10
Phase 1
Phase 2
6/04/10 – 30/09/11 1/10/11 – 30/09/12
Exemptions 9, 10, 12,
19 not involving
agricultural waste on
agricultural land
Phase 3
1/10/12 – 30/09/13
Up to 05/04/10
Phase 1
6/04/10 – 30/09/11
Phase 3
Phase 2
1/10/11 – 30/09/12 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 3
Phase 2
1/10/11 – 30/09/12 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
Up to 05/04/10
Phase 1
6/04/10 – 30/09/11
Phase 3
Phase 2
1/10/11 – 30/09/12 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
30 Sep 2012
U10
Spreading waste
on agricultural
land
50t/Ha (ish)
U11
Spreading waste
on nonagricultural land
50t/Ha (ish)
U1
Use of waste in
construction
work
Annual
renewal
250t/Hectare
per annum
9
Land
reclamation
20,000 m3
Per Hectare
30 Sep 2011
U11
5000 tonnes
(ish)
Spreading waste
on nonagricultural 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
30 Sep 2011
T23
Spreading waste
on agricultural land
50t/Ha (ish)
1000 m3
T24
13
Construction
and Soil
Materials
6 Apr 2012
T25
Spreading waste
on non-agricultural
land
50t/Ha (ish)
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
30 Sep 2011
U1
Use of waste in
construction
work 5000t
U3
Use of waste in
the construction
of entertainment
or educational
installations etc
50,000t
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
5 Apr 2012
T6
Treatment of
waste wood and
waste plant
matter by
chipping,
shredding,
cutting or
pulverising
1000t/week
50 t /week
Ancillary
treatment
45
Recovery of
scrap metal
or motor
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:
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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.environmentagency.gov.uk/business/topics/permitting/32158.aspx