Activities exempt from waste management licensing

What the legislation says:
 
1.—(1) The use, under a permit granted under the 2000 Regulations, of waste glass as part of an activity within Part B of Section 3.3 (the manufacture of glass and glass fibre) of Part 1 of Schedule 1 to the 2000 Regulations if the total quantity of waste glass so used in that activity does not exceed 600,000 tonnes in any period of twelve months.
 
(2) The storage, at the place where the activity is carried out, of any waste which is intended to be used in reliance upon the exemption conferred by sub paragraph (1).
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required. This exemption can be registered online. However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
2. —(1) The operation, under a permit granted under the 2000 Regulations, of a scrap metal furnace with a design holding capacity of less than 25 tonnes to the extent that it is or forms part of an activity within paragraph (a) or (d) of Part B of Section 2.1 (ferrous metals) or paragraph (a) or (b) of Part B of Section 2.2 (non ferrous metals) of Part 1 of Schedule 1 to the 2000 Regulations.
 
(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub paragraph (1).
 
(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer) of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub paragraph (1).
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required. This exemption can be registered online. However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
3. The carrying on of any of the following operations—
 
(a) burning as a fuel, under a permit granted under the 2000 Regulations, of—
 
(i) straw, poultry litter or wood;
 
(ii) waste oil listed in Table 1 (including waste oil which is special waste); or
 
(iii) solid fuel which has been manufactured from waste by a process involving the application of heat, to the extent that it is or forms part of an activity within Part B of any Section of Part 1 of Schedule 1 to the 2000 Regulations;
 
(b) the secure storage on any premises of any wastes mentioned in sub paragraph (a), other than waste oil, which are intended to be burned as mentioned in that sub paragraph, and the feeding of such wastes into an appliance in which they are to be so burned;
 
(c) the secure storage of waste oil listed in Table 1 (including waste oil which is special waste) at the place where it is produced for a period not exceeding 12 months if the waste oil is intended to be submitted to an operation covered by the exemption conferred by sub paragraph (a); and provided that the total volume of that oil does not at any time exceed 23,000 litres;
 
(d) burning as a fuel, under an authorisation granted under a permit granted under the 2000 Regulations, of tyres to the extent that it is or forms part of an activity within Part B of Section 1.1 of Part 1 of Schedule 1 to the 2000 Regulations, and the shredding and feeding of tyres into an appliance in which they are to be so burned;
 
(e) the secure storage on any premises of tyres where—
 
(i) the tyres are intended to be submitted to an operation covered by the exemption conferred by sub paragraph (d);
 
(ii) the tyres are stored separately;
 
(iii) none of the tyres is stored on the premises for longer than 12 months; and
 
(iv) the number of the tyres stored on the premises does not at any time exceed 1,000.

 Table 1

* Codes referred to in the European Waste Catalogue.
 ** Includes special waste.

Registration requirements:

Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
4. —(1) The cleaning, washing, spraying or coating of waste consisting of packaging or containers so that it or they can be reused if the total quantity of such waste so dealt with at any place does not exceed 1,000 tonnes in any period of seven days.
 
(2) The storage of waste in connection with the carrying on of any activities described in sub paragraph (1) if that storage is at the place where the activity is carried on unless–
 
(a) the total quantity of such waste stored at that place exceeds 1,000 tonnes; or
 
(b) more than one tonne of metal containers used for the transport or storage of any chemical are dealt with in any period of seven days.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required. This exemption can be registered online. However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:

5 - (1) Burning of biomass waste or animal carcasses to the extent that doing so is, or forms part of, an activity falling within paragraphs (a) or (b) of Part B of Section 5.1 of Part 1 of Schedule 1 to the 2012 Regulations.
 
(2) The secure storage of waste intended to be submitted to such burning.
 
(3) Sub-paragraphs (1) and (2) apply only where—
 
(a) the plant is not located in an air quality management area designated under section 83 of the 1995 Act; and
 
(b) the waste is stored and burned in accordance with the requisite planning permission (if any).
 
(4) The recovery, from waste vegetable oils (within category 20 01 25 of the European Waste Catalogue), of fuel for use in an engine of an aircraft, hovercraft, mechanically propelled vehicle, railway locomotive, ship or other vessel, or in appliances described in sub paragraph (1).
 
(5) The secure storage of—
 
(a) such waste vegetable oil prior to the carrying out of the fuel recovery process, and
 
(b) waste produced by the fuel recovery process.
 
(6) Sub paragraph (4) or, as the case may be, (5) applies only where—
 
(a) the fuel recovery process is conducted in equipment manufactured for this purpose;
 
(b) the total quantity of waste (including waste produced by the fuel recovery process) stored at any one time does not exceed 23,000 litres;
 
(c) no waste is stored for longer than 12 months;
 
(d) waste produced by the fuel recovery process is stored at the place where it is produced;
 
(e) accurate records (including information about sources, volumes and destinations) are maintained by the holder and processor of both the waste vegetable oil and the recovered fuel; and
 
(f) the fuel recovery process is not carried out for commercial purposes on an industrial scale, and in any case no more than 200 tonnes of recovered fuel is produced by the fuel recovery process in any calendar year.
 
What this means:
 
Paragraph 5 (1) permits wastes to be used as a fuel in an appliance or appliances that are exempt appliances under the Pollution Prevention and Control (Scotland) Regulations 2000.
 
Paragraph 5 (2) allows storage of the wastes that are to be used as a fuel.
 
Paragraph 5 (3) provides that burning can not be carried out in a designated Air Quality Management Zone.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required. This exemption can be registered online. However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited and does not require renewal. However, it can be removed from the register by SEPA if the activity no longer fulfills the criteria of the exemption or if the activities cause pollution or harm to health.
 
Q. What can you do?
A. You can use some specific wastes to generate heat or power in an appliance or appliances with a throughput of up to 50kg/hr. Activities with a throughput of 50kg/hr or greater require a PPC Permit. If this is the case, please contact your local SEPA office for further advice.
 
Q. What wastes can you use?
A. You can only burn ‘biomass’ wastes as defined in the Pollution Prevention and Control (Scotland) Regulations 2012. Further, to qualify for the exemption you must also make sure that the waste burns cleanly and does not pollute or cause a nuisance. Please see our guidance TG22 for more information about biomass combustion.
 
Q. Can I clear the waste from a site and burn waste in a metal container such as a skip to dispose of it?
A. No, a Paragraph 5 exemption applies to the burning of waste as a fuel and not for disposal. Disposing of a limited amount of wood, bark and plant matter by burning in the open is permitted under the Paragraph 30 exemption.
 
Q. Where can I store the waste fuel?
A. In the place or places that you identified when you registered the exemption. The storage must be secure so that waste cannot escape and access to it is controlled.
 
Q. How can I find out if I am in an Air Quality Management Zone?
A. You can find out if you are in an Air Quality Management Zone by going to the Air Quality in Scotland websiteand selecting your local authority for the most up to date map.
 
Examples of activities not suitable for registration under the Paragraph 5 (1) exemption:

• A waste transfer station separates out combustible wastes and burns them in a small skip - The burning of waste for disposal is not permitted by this exemption.
• A garage collects and stores waste oil, which it filters and feeds into a small waste oil burner for heating - The burning of waste oil is not covered by the Paragraph 5 exemption. Waste oil must only be burned in specialist incinerators which comply with Chapter IV of the Industrial Emissions Directive.  
• Company burns confidential, paper waste in an appliance that provides hot water for a building - The burning of waste paper is not covered by the Paragraph 5 exemption. Waste paper must only be burned in specialist incinerators which comply with Chapter IV of the Industrial Emissions Directive. 

Examples of activities suitable for registration under the Paragraph 5 (1) exemption:

• A joinery workshop burning particle board off-cuts for space heating. Particleboard (MDF, OSB and chipboard) where they have not been treated with coatings or preservatives containing heavy metals or halogenated organic compounds fall within the definition of ‘biomass’ and so are suitable for use as fuel under Paragraph 5(1).

What the legislation says:
 
6. —(1) Burning waste oil listed in Table 1 (including waste oil which is special waste) as a fuel in an engine of an aircraft, hovercraft, mechanically propelled vehicle, railway locomotive, ship or other vessel if the total amount burned of such waste does not exceed 2,500 litres an hour in any one engine.
 
(2) The secure storage of waste oil (including waste oil which is special waste) intended to be so burned if the total quantity of oil stored does not at any time exceed 23,000 litres.

* Codes referred to in the European Waste Catalogue.
 ** Includes special waste.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required. This exemption can be registered online. However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
7. -(1) The treatment with any of the wastes listed in Table 2 of land used for agriculture where such treatment results in benefit to agriculture or ecological improvement.
 
(2) The treatment with any of the wastes listed in Part I of Table 2 of—
 
(a) operational land of a railway, light railway, Scottish Water or British Waterways; or
 
(b) land which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, churchyard or cemetery; where the land in question is not used for agriculture and such treatment results in ecological improvement.

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

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

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

(i) 10 metres from any inland or coastal waters;

(ii) 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply other than a domestic water supply; or

(iii) 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of a domestic water supply; and

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

(4) Sub paragraph (1) or (2) applies only if–

(a) no more than 250 tonnes or, in the case of dredgings from inland waters, 5,000 tonnes of waste per hectare are used on the land in any period of 12 months;

(b) in the case of sub-paragraph (1) -

(i) the land to be treated by the waste falls within a single farm, or

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

(c) the waste to be used has not been mixed with any material which does not itself provide benefit to agriculture or ecological improvement; and

(d) in the case of materials within category 02 02 03 of the European Waste Catalogue, as listed in Part II of Table 2 above, the waste is treated in accordance with Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption.

(5) In this paragraph "domestic water supply" means a supply of water–

(a) for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or

(b) for any of these domestic purposes to premises in which food is produced.

Registration Requirements:

Must be notified to SEPA using the appropriate form and enclosing the correct fee. Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".

There are two options to use to submit the notification. Both methods require evidence to support agricultural benefit and there are two options to provide this. You only need to pick one option.

Option 1 – is a new process that uses the Agricultural benefit Calculator (ABC) to help operators and SEPA assess the agricultural benefit. The ABC is an Excel spreadsheet which is completed by the operator. The ABC replaces the requirement for statement of agricultural benefit.

Option 2 – enables a notification to be submitted using statements of agricultural benefit. This is similar to the old existing process.

SEPA’s preferred method is for notifications to be submitted using the ABC tool - Option 1. However, SEPA will still accept notifications submitted using the agricultural statements – Option 2.

Notification Form, ABC and Guidance:

Further information on Agricultural Benefit & Ecological Improvement can be found in Schedule 2 of the Waste Management Licensing (Scotland) Regulations 2011.

Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.

Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland website or contact SEPA.

What the legislation says:
 
8. —(1) The storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge which is intended to be used
 
(a) in accordance with the 1989 Regulations; or
 
(b) for land treatment in reliance upon the exemption conferred by sub paragraph (2).
 
(2) The treatment with sludge of land which is not agricultural land within the meaning of the 1989 Regulations if–
 
(a) it results in ecological improvement, or in the case of the treatment of land used for non-food crops not grown in short term rotation with food crops, it enhances the growth of those crops; and
 
(b) it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1989 Regulations to exceed the limit specified in the corresponding entry in column 2 of the table.
 
(3) Sub paragraph (1) applies only if the following conditions are satisfied:–
 
(a) the sludge is stored at the place where it is to be used;
 
(b) the sludge is stored at a distance of not less than–
 
(i) 10 metres from any inland or coastal waters;
 
(ii) 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply other than a domestic water supply; and
 
(iii) 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of a domestic water supply;
 
(c) no sludge is stored to the extent that the volume stored exceeds ninety per cent of the available capacity of the container or lagoon where the storage takes place; and
 
(d) no sludge is stored for longer than 6 months.
 
(4) For the purpose of this paragraph, enhancement of crop growth or ecological improvement shall be construed in accordance with Schedule 2 to, and any guidance issued under regulation 17(11) of, these Regulations.
 
(5) In this paragraph–
 
(a) "the 1989 Regulations" means the Sludge (Use in Agriculture) Regulations 1989 ("the 1989 Regulations");
 
(b) "domestic water supply" has the meaning given by paragraph 7(5);and
 
(c) "sludge" has the meaning given by regulation 2(1) of the 1989 Regulations, and "used", in relation to sludge, has the meaning given by that regulation.
 
Registration requirements:
 
8(1) - Storage of sludge
 Needs to be registered with SEPA but no fee is required. This exemption can be registered online and does not have to be renewed.
 
8(2) - Spreading of sludge
Must be notified to SEPA using the appropriate form and enclosing the correct fee.
 
Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".
 
Notification forms:
 
8(1) - Storage of sludge
This exemption can be registered online, however, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
8(2) - Spreading of sludge

• Use WMX-FM8(2) - Form to register or renew a paragraph 8(2) exemption (130kb)

Guidance:

• WMX-TG8 - Technical guidance note for Paragraph 8 exemptions  (52kb)

Further information on agricultural benefit and ecological improvement can be found in Schedule 2 of the Waste Management Licensing (Scotland) Regulations 2011.

SEPA has published guidance on the application of organic materials to selected habitats for restoration or improvement. It contains information on target topsoil characteristics, typical application rates for a range of organic materials and a decision support checklist for their use in soil formation or habitat enhancement.

• Guidance on suitable organic material applications for land restoration and improvement (pdf, 1mb)

Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards, if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.
 
Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland website or contact SEPA.

What the legislation says:
 
9. —(1) Subject to the following provisions of this paragraph–
 
(a) the treatment of land (including the restoration of quarries) with any of the wastes listed in Part I of Table 3;
 
(b) the treatment of land (including the restoration of quarries) with any of the wastes listed in Part II of that Table where such treatment results in benefit to agriculture or ecological improvement;
 
(c) the secure storage, at the place where it is to be used and for a period not exceeding 6 months, of waste intended to be used in reliance upon the exemption conferred by paragraph (a) or (b).

 Table 2A

* Codes referred to in the European Waste Catalogue.
 ** Wastes containing dangerous substances are not included.
 *** The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.
 
(2) Sub paragraph (1) does not apply to the use of waste at a site designed or adapted for the final disposal of waste by landfill at any time when such disposal is the subject of a waste management licence or a permit granted under regulation 11 of the 2012 Regulations.
 
(3) Sub paragraph (1) applies only where–
 
(a) the waste is used for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man made development;
 
(b) the waste is suitable for use for the purposes mentioned in sub paragraph (a);
 
(c) the waste is used in accordance with the requisite planning permission (if any);
 
(d) the waste is used to a depth not exceeding the lesser of 2 metres or the final cross sections shown on the plan submitted under regulation 18(8) of these Regulations; and
 
(e) the waste used does not exceed 20,000 cubic metres per hectare.

Registration requirements:
 
Must be notified to SEPA using the appropriate form and enclosing the correct fee.
 
Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".
 
Notification form:

• Use WMX-FM9 - Form to register or renew a paragraph 9 exemption   (219kb)

Guidance:

• WMX-TG9 - Technical Guidance Note for Paragraph 9 exemptions  (78kb)

Further information on Agricultural Benefit & Ecological Improvement can be found in Schedule 2 of the Waste Management Licensing (Scotland) Regulations 2011.

SEPA has published guidance on the application of organic materials to selected habitats for restoration or improvement. It contains information on target topsoil characteristics, typical application rates for a range of organic materials and a decision support checklist for their use in soil formation or habitat enhancement.

• Guidance on suitable organic material applications for land restoration and improvement  (pdf, 1mb)

Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.
 
Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland website or contact SEPA.

• What the legislation says:
   
  10. —(1) Subject to sub paragraph (4)–
   
  (a) the reception and treatment within the curtilage of a water treatment works of any of the wastes listed in Table 4 if the total quantity of waste which is treated in any period of 12 months does not exceed 100,000 cubic metres; and
   
  (b) the secure storage within the curtilage of a water treatment works of waste intended to be treated in reliance on the exemption conferred by paragraph (a).
   
  (2) Subject to the following provisions of this paragraph–
   
  (a) any recovery operation carried on within the curtilage of a sewage treatment works of any of the wastes listed in Table 4;
   
  (b) the secure storage within the curtilage of a sewage treatment works of waste intended to be submitted to the activity mentioned in paragraph (a).

 Table 4

* Codes referred to in the European Waste Catalogue.
 
(3) The total quantity of waste brought to a sewage treatment works for the purposes of a recovery operation in reliance upon the exemption covered by sub paragraph (2) in any period of 12 months shall not exceed 100,000 cubic metres.
 
(4) The area where a treatment or recovery operation takes place shall have an impermeable pavement capable of containing any spillage of waste received and connected to a drainage system with impermeable components which does not leak and which will ensure that–
 
(a) no liquid will run off the pavement otherwise than via that system; and
 
(b) except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.
 
What this means:
 
The paragraph will only apply if it takes place on an impermeable pavement with a drainage system leading to a sump. The latest amendment to this paragraph raises the threshold to 100,000m3 for the importation of sludges at STW (an increase from 10,000m3) this will mean that some sites may already have a Waste Management Licence for this process, where this is the case and no other activities are being carried out under the WML, the WML can be surrendered.
 
Registration requirements:
 
Must be notified to SEPA using the appropriate form and enclosing the correct fee.
 
Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".
 
Notification form:

• Use WMX-FM10 - Form to register or renew a paragraph 10 exemption (123kb)

Guidance:

There is currently no guidance for Paragraphs 10, 12 or 42 exemptions as these are thought to be self explanatory but the following position statement applies to Paragraph 10:

• WST-PS-039 - Wastes from sewer cleaning

What the legislation says:
 
11. Carrying on at any place, in respect of waste of a kind listed in column 1 of Table 5, any of the activities specified in column 2 of that Table in relation to that kind of waste where–
 
(a) the activity is carried on with a view to the recovery or reuse of the waste (whether or not by the person carrying on the activity listed in column 2 of that Table); and
 
(b) the total quantity of any particular kind of waste dealt with at that place does not in any period of 7 days exceed the limit specified in relation to that kind of waste in column 3 of that Table.

 Table 5

* includes special waste
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

Q. Can I use this exemption to store or process waste tyres? How long will the registration last?
A. No. From 30 March 2016 exemptions to store or treat waste tyres can no longer be registered with SEPA under this paragraph. Please contact your local SEPA office if you have any queries.

What the legislation says:

12. (1) Subject to sub paragraphs (3)–

(a) composting biodegradable waste of a type listed in Table 6, other than for the purpose of cultivating mushrooms;

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

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

Table 6

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

(2) Composting any of the wastes listed in the first column of Table 6 for the purpose of cultivating mushrooms at the place where the waste is produced or where the compost is to be used, or at any other place occupied by the person producing the waste or using the compost, where the quantity of waste being composted at any one time does not exceed 2,500 tonnes.

(3) The total quantity of waste treated and stored under sub-paragraph (1) at any time shall not exceed, in relation to the composting activities referred to in the second column of Table 7, the quantity shown in the third column of that Table.

Table 7

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

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

(a) the waste is stored for a period not exceeding 48 hours and is to be taken directly from the storage site to that place;

(b) such storage is part of a scheme for the collection of waste from groups of premises; and

(c) the total quantity of waste so stored does not exceed 10 tonnes.

(5) For the purposes of this paragraph–

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

(b) the reference to "treated" waste includes waste which is undergoing maturation.

(c) "The Integrated Administration and Control System for farm support" has the same meaning given by paragraph 7(7).

Registration requirements:  

Must be notified to SEPA using the appropriate form and enclosing the correct fee.  

Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".  

Notification form:

• Use WMX-FM12 - Form to register or renew a paragraph 12 exemption  (204kb) for most sites  

or  

• WMX-FM12small - Form to register or renew a paragraph 12 exemption (94kb) for small scale composting at business or education facilities where they are using individual composting units each less than 2m3 capacity.  

Sites accepting <100 tonnes / year throughput of waste do not have to pay a fee/renewal fee, although they still have to complete the full form (WMX-FM12), unless they are composting at a very small scale (individual composting units each less than 2m3 capacity) in which case they should complete the small scale form (WMX-FM12small). Establishments composting >100 tonnes of waste per year have to pay a fee/renewal fee and submit the full form (WMX-FM12).  

Guidance:  

There is currently no guidance for Paragraphs 10, 12 or 42 exemptions as these are thought to be self explanatory.  

The following websites may be useful for background information on composting:

• The Association of Organics Recycling (formerly the Composting Association)
• The Association of Organics Recycling - Composting Industry Code of Practice
• DEFRA - Animal by-products: Composting and Biogas
• WRAP (Waste & Resources Action Programme) - Composting (includes links to PAS 100)  

Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.  

Although some exempt composting activities can be done without an impermeable surface or sealed drainage, operators should be careful where they site their composting process and maximise the distance from water courses and avoid land near groundwater sources used for drinking supplies.

Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland website or contact SEPA.

What the legislation says:
 
13. —(1) The manufacture from–
 
         (a) waste which arises from demolition or construction work or tunnelling or other excavations; or
 
         (b) waste which consists of ash, slag, clinker, rock, wood, bark, paper, straw, crushed glass or gypsum,                        digestate consisting only of biodegradable waste or compost consisting only of biodegradable waste,

of timber products, straw board, plasterboard, bricks, blocks, roadstone, soil, soil substitutes or aggregate.
 
    (2) The treatment of waste soil or rock or digestate consisting only of biodegradable waste which, when treated, is to be spread on land under paragraph 7 or 9, if–
 
         (a) it is carried out at the place where the waste is produced or the treated product is to be spread; and
 
         (b) the total amount treated at that place in any day does not exceed 100 tonnes.
 
    (3) The storage of waste which is to be submitted to any of the activities mentioned in sub paragraphs (1) and (2) if–
 
         (a) the waste is stored at the place where the activity is to be carried out; and
 
         (b) the total quantity of waste stored at that place at any time does not exceed–
 
                    (i) in the case of the manufacture of roadstone from road planings, 50,000 tonnes; or
 
                    (ii) in any other case, 20,000 tonnes.
 
    (4) In this paragraph—
 
          “digestate” means a stable, sanitised material converted from the inputs to the process of controlled decomposition of waste under managed conditions where free oxygen is absent, at temperatures suitable for naturally occurring mesophilic or thermophilic anaerobe and facultative anaerobe bacteria species;
 
          “compost” means a stable, sanitised material resulting from the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste in controlled aerobic conditions.
 
What this means:
 
Paragraph 13 (1) (a & b) permits a limited range of wastes to be used in the manufacture of certain materials. You can use demolition, construction, tunnelling and excavation wastes or waste ash, slag, clinker, rock, wood, bark, paper, straw and gypsum in the manufacture of timber products, straw board, plasterboard, brick roadstone and aggregate provided the waste used is non-hazardous.
 
Paragraph 13 (2) allows up to 100 tonnes per day of waste soil or rock to be treated in order to produce materials that will be fit for use under either a paragraph 7 or paragraph 9 land spreading exemptions. The waste must be processed at the place where it originated or at the place where it will be spread. A seperate registration is required to spread the wastes under Paragraph 7 or 9.
 
Paragraph 13 (3) allows 20,000 tonnes of wastes which are to be used in the ways described in paragraph 13 (1 – 2), to be stored at the place where they will be used. In the case of road planings which are to be used in the manufacture of roadstone, this is increased to 50,000 tonnes.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.
 
Q. I will need to segregate wood and plastic from demolition and construction materials before I screen the material to produce an aggregate. Does the paragraph 13 exemption allow me to do this?
A. No, the Paragraph 13 exemption would cover screening of this type of waste to produce an aggregate but not the pre-sorting of the material. As the pre-sorting is not covered by any exemption, this activity would need to be authorised by a waste management licence.
 
Q. Do I need to register a Paragraph 13 exemption for screening activities if I have a crushing plant which is regulated by SEPA as a PPC Part B process?
A. Yes, you do need to register the screening activity as a Paragraph 13 (2) as the PPC Permit would only cover the crushing activity but not any ancillary activities such as the storage of waste prior to crushing.
 
Guidance
 
Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.

Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland website or contact SEPA.
 

What the legislation says:
 
14. —(1) The manufacture of finished goods from any of the following kinds of waste, namely waste metal, plastic, glass, ceramics, rubber, textiles, wood, paper or cardboard.
 
(2) The repair or refurbishment of waste goods if the activity is carried on with a view to the reuse of those goods for their original purpose.
 
(3) The storage of any waste intended to be used in reliance upon the exemption conferred by sub paragraph (1), or, as the case may be, (2), if–
 
(a) the waste is stored at the place where the manufacturing, repairing or refurbishment activity is to be carried out; and
 
(b) the total quantity of any particular kind of waste listed in sub-paragraph (1) stored at that place at any time does not exceed 15,000 tonne
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
Guidance:
 
Further information on community recycling and refurbishment is available from the Community Recycling Network for Scotland (CRNS) website.
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
15. —(1) The beneficial use of waste if–
 
(a) it is put to that use without further treatment; and
 
(b) that use of the waste does not involve its disposal.

(2) The storage of waste intended to be used in reliance upon the exemption conferred by sub paragraph (1) above insofar as that storage does not amount to disposal of the waste.
 
(3) This paragraph does not apply to the use or storage of waste if that activity is covered by an exemption conferred by paragraph 7, 8, 9, 19 or 25, or would be so covered but for any condition or limitation to which that exemption is subject by virtue of any provision contained in the paragraph by which that exemption is conferred.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
16. The dry screening of any of the wastes listed in Table 8 if -  
 
(a) the waste is screened at the place where it is produced; and
 
(b) no more than 100 tonnes of waste is screened at that place in any one day.

Table 8

* Codes referred to in European Waste Catalogue

Registration requirements:  

Needs to be registered with SEPA but no fee is required.  

This exemption can be registered online.

This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form).  

The following questions and answers are provided to help you further understand this exemption:  

Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
17. —(1) The storage in a secure place on any premises of waste of a kind described in column 1 of Table 9 if–
 
(a) the total quantity of that kind of waste stored on those premises at any time does not exceed the quantity specified in column 2 of that Table in relation to that kind of waste;
 
(b) the waste is to be reused, or used for the purposes of–
 
(i) an activity described in paragraph 11; or
 
(ii) any other recovery operation;
 
(c) in the case of any waste batteries, storage takes place in accordance with the treatment conditions;
 
(d) each kind of waste listed in the Table stored on the premises is kept separately; and
 
(e) no waste is stored on the premises for longer than 12 months.

* Codes referred to in the European Waste Catalogue.
 ** Includes special waste.
 
(2) In this paragraph–
 
"mammalian protein" means proteinaceous material, and
 
"mammalian tallow" means fat, which in each case is derived from the whole or part of any dead mammal by a process of crushing, cooking or grinding.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required. Where waste is only being stored at the place of production (unlikely), the activity does not have to be registered.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form).
 
The following questions and answers are provided to help you further understand this exemption:

Q. Can I use this exemption to store or process waste tyres?
A. No. From 30 March 2016 exemptions to store or treat waste tyres can no longer be registered with SEPA under this paragraph. Please contact your local SEPA office if you have any queries.
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.
 
Guidance
 
Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.
 
Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland website or contact SEPA.

What the legislation says:
 
18. —(1) The secure storage on any premises of waste of a kind described in sub paragraph (2) below if–
 
(a) the storage capacity of the container or containers does not exceed 400 cubic metres in total;
 
(b) in the case of waste oil or waste vegetable oil listed in Table 10, the storage capacity of any container or containers used for its storage does not exceed 3 cubic metres in total, and provision is made to prevent oil escaping into the ground or a drain;
 
(c) there are no more than 20 containers on those premises;
 
(d) the waste will be reused, or used for the purposes of–
 
(i) any activity described in paragraph 11 carried on at those premises; or
 
(ii) any other recovery activity;
 
(e) in the case of any waste batteries, storage takes place in accordance with the treatment conditions;
 
(f) each kind of waste described in sub paragraph (2) stored on the premises is separately stored;
 
(g) no waste is stored on the premises for longer than 12 months; and
 
(h) the person storing the waste is the owner of the container or containers or has the consent of the owner of the container or containers to use them for that purpose.
 
(2) Sub paragraph (1) above applies to the following kinds of waste–
 
(a) any waste described in paragraph 17 other than waste solvents (within categories 14 06 02, 14 06 03 and 20 01 13 of the European Waste Catalogue), refrigerants or halons;
 
(b) waste oil or waste vegetable oil listed in Table 10 (including oil which is special waste).

Table 10

* Codes referred to in the European Waste Catalogue.  
** Includes special waste.  

Registration requirements:  

Needs to be registered with SEPA but no fee is required. Where waste is only being stored at the place of production (unlikely), the activity does not have to be registered.  

This exemption can be registered online.  

However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form) Needs to be registered with SEPA but no fee is required.  

The following questions and answers are provided to help you further understand this exemption:  

Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
19. —(1) The storage on a site of any of the wastes listed in Table 11, if–
 
(a) the waste in question is suitable for use for the purposes of relevant work which will be carried on at the site;
 
(b) in the case of waste which is not produced on the site, it is not stored there for longer than 6 months;
 
(c) subject to paragraph (d), no more than 50,000 tonnes of the waste is stored on the site at any time; and
 
(d) in the case of waste tyre bales, no more than 100 tonnes of the waste is stored on the site at any time.

Table 11

* Codes referred to in the European Waste Catalogue.
 ** Wastes containing dangerous substances are not included.
 *** The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.
 
(2) The use of waste of a kind mentioned in paragraph (1) for the purposes of relevant work if–
 
(a) the waste is suitable for use for those purposes;
 
(b) the waste is used to a depth not exceeding the dimensions of the final cross sections shown on the plan submitted under regulation 18(8) of these Regulations; and
 
(c) in the case of clean shells (within category 02 01 99 of the European Waste Catalogue), the shells from shellfish processing are treated in accordance with the Animal By Products (Scotland) Regulations 2003 and Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by products not intended for human consumption; and

(d) in the case of waste tyre bales, the amount stored at any time is no more than required to complete the work.

(3) In sub-paragraph (2) any baling of waste tyres must take place in accordance with British Standards Institution Publicly Available Specification 108
 
(4) In this paragraph, "relevant work" means the use of waste–
 
(a) for the construction, maintenance or improvement of–
 
(i) a building, road, railway, airport, dock or other transport facility;
 
(ii) recreational facilities; or
 
(iii) drainage; or (b) for engineering works relating to or adjacent to any part of the water environment, but does not include work involving land reclamation.
 
(5) In sub paragraph 4(a)(iii), the reference to "drainage" is a reference to drainage works within the meaning of section 18 of the Land Drainage (Scotland ) Act 1958
 
Registration requirements:
 
Must be notified to SEPA using the appropriate form and enclosing the correct fee.
 
Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".
 
Notification form:

• Use WMX-FM19 - Form to register or renew a paragraph 19 exemption  (166kb)

Guidance:

• WMX-TG19 - Technical Guidance Note for Paragraph 19 exemptions  (53kb)

SEPA has published guidance on the application of organic materials to selected habitats for restoration or improvement. It contains information on target topsoil characteristics, typical application rates for a range of organic materials and a decision support checklist for their use in soil formation or habitat enhancement.

• Guidance on suitable organic material applications for land restoration and improvement (pdf, 1mb) 

Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place.

SEPA has published guidance on our interpretation of 'drainage' and 'land reclamation' relating to paragraph 19 activities. It outlines what activities will be acceptable for consideration as an exempt activity.

In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.
 
Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland website or contact SEPA.

What the legislation says:
 
20. —(1) Laundering or otherwise cleaning waste textiles with a view to their recovery or reuse.
 
(2) The storage of waste textiles at the place where they are to be so laundered or cleaned.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.
 
Examples of activities that are not suitable for registration under the Paragraph 20 exemption.
An establishment collects waste textiles at its depot, which are sorted and despatched elsewhere. The sorting activity does not qualify for a Paragraph 20 exemption. It may be permissible under Paragraph 11.
 
Examples of activities that are suitable for registration under the Paragraph 20 exemption.
A company collects discarded textiles from household waste sites which are sorted and, where they are suitable for re-sale, are cleaned.
 
The company would need to register a Paragraph 20 exemption at the place where the cleaning and storing is undertaken. The sorting of the textiles should also be registered under the paragraph 11 exemption.

What the legislation says:
 
21. —(1) Chipping, shredding, cutting or pulverising waste plant matter (including wood or bark), or sorting and baling sawdust or wood shavings, on any premises if–
 
(a) those activities are carried on for the purposes of recovery or reuse; and
 
(b) no more than 1,000 tonnes of such waste are dealt with on those premises in any period of 7 days.
 
(2) The storage of waste in connection with any activity mentioned in sub paragraph (1) at the premises where it is carried on if the total quantity of waste stored at those premises at any time does not exceed 1,000 tonnes.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
22. —(1) The recovery at any premises of silver from waste produced in connection with printing or photographic processing if no more than 50,000 litres of such waste are dealt with on those premises in any day.
 
(2) The storage at those premises of waste which is to be submitted to such a recovery operation as is mentioned in sub paragraph (1).
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:  

23. —(1) The recovery of waste consisting of animal by-products at a collection centre in accordance with an authorisation under regulation 27 of the Animal By Products (Scotland) Regulations 2003 ("the 2003 Regulations") if the total quantity of waste being recovered at that collection centre at any time does not exceed 50 tonnes.  

(2) The secure storage of waste intended to be submitted to such treatment if no waste is stored for longer than 12 months.  

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

Registration requirements:  

This exemption does not have to be registered with SEPA , it should be registered with Animal Health(previously known as the State Veterinary Service) an executive agency of the Department of Environment, Food and Rural Affairs(Defra).  

• Animal By-Products (Scotland) Regulations 2003 SSI 411  
• Animal By-Products (Amendment) (Scotland) Order 2001, SI 171

What the legislation says:
 
24. —(1) Crushing, grinding or other size reduction of waste bricks, tiles or concrete, under an authorisation granted under Part I of the 1990 Act, to the extent that it is or forms part of a process within paragraph (c) of Part B of Section 3.4 (other mineral processes) of Schedule 1 to the 1991 Regulations or under a permit under the 2000 Regulations, to the extent that it is or forms part of an activity within paragraph (a) of Part B of Section 3.5 (other mineral activities) of Part 1 of Schedule 1 to the 2000 Regulations.
 
(2) Where any such crushing, grinding or other size reduction is carried on otherwise than at the place where the waste is produced, the exemption conferred by sub paragraph (1) only applies if those activities are carried on with a view to recovery or reuse of the waste.
 
(3) The storage, at the place where the process is carried on or the activity is carried out, of any such waste which is intended to be so crushed, ground or otherwise reduced in size, if the total quantity of such waste so stored at that place does not at any time exceed 20,000 tonnes.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.
 
Guidance
 
Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.
 
Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland websiteor contact SEPA.

What the legislation says:
 
25. —(1) The deposit of waste arising from dredging inland waters or public SUD systems, or from clearing plant matter from inland waters or public SUD systems, if either–
 
(a) the waste is deposited along the bank or towpath of the waters, or on land adjacent to the public SUD system, where the dredging or clearing takes place; or
 
(b) the waste is deposited along the bank or towpath of any inland waters, or on land adjacent to a public SUD system, so as to result in benefit to agriculture or ecological improvement.
 
(2) The total amount of waste deposited along the bank or towpath, or on land adjacent to the public SUD system, under sub paragraph (1) must not at any time exceed 50 tonnes for each metre of the bank, towpath or land along or on which it is deposited.
 
(3) Sub paragraph (1) does not apply to waste deposited in a container or lagoon.
 
(4) Sub paragraph (1)(a) only applies to the deposit of waste by an establishment or undertaking where the waste deposited is the establishment or undertaking's own waste.
 
(5) The treatment by screening or dewatering of such waste as is mentioned in sub paragraph (1)–
 
(a) on the bank or towpath of the waters, or on land adjacent to the public SUD system, where either the dredging or clearing takes place or the waste is to be deposited, prior to its being deposited in reliance upon the exemption conferred by the foregoing provisions of this paragraph;
 
(b) on the bank or towpath of the waters, or on land adjacent to the public SUD system, where the dredging or clearing takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 7(1) or (2); or
 
(c) in the case of waste from dredging, on the bank or towpath of the waters, or on land adjacent to the public SUD system, where the dredging takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 9(1).
 
(6) In this paragraph, "public SUD system" has the same meaning as in section 59(1) of the Sewage (Scotland ) Act 1968.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
26. —(1) The recovery or disposal of waste, at the place where it is produced, as an integral part of the process that produces it.
 
(2) The storage, at the place where it is produced, of waste which is intended to be so recovered or disposed of.
 
(3) Sub paragraph (1) does not apply to the final disposal of waste by deposit in or on land.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
27. —(1) Baling, compacting, crushing, shredding or pulverising waste at the place where it is produced.
 
(2) The storage, at the place where it is produced, of waste which is to be submitted to any of those operations.
 
Registration requirements:
 
As the activity does not involve the recovery or disposal of waste, this exemption does not have to be registered with SEPA. If however, the establishment or undertaking wishes to register the activity to obtain paperwork suitable for auditing, this exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
28. The use of autoclaves to sterilise waste, including special waste, as listed in Table 12, at the place where the waste is produced, if–
 
(a) the autoclaves have a capacity of no more than 3 cubic metres,
 
(b) the autoclaves are accredited by the Medicine and Healthcare Products Regulatory Agency,
 
(c) no more than 100 tonnes of waste is so sterilised at any one place in any one calendar month, and
 
(d) where the waste is special waste, it is so sterilised as part of, or as a preliminary to, a recovery operation.

 Table 12

* Codes referred to in the European Waste Catalogue.
 ** Includes special waste.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required. Where waste is being stored at the place of production, the activity does not have to be registered.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:

29. —(1) The disposal of waste as specified in sub-paragraph (1A) at the place where it is produced, by the person producing it, by burning it in an incinerator. –

(a) The specified disposal is the burning of biomass waste or animal carcasses to the extent that doing so is, or forms part of, an activity falling within paragraphs (a) or (b) of Part B of Section 5.1 of Part 1 of Schedule 1 to the 2012 Regulations.

(b) A disposal under sub-paragraph (1) must, where the activity is authorised under the 1991 Regulations, be in an exempt incinerator for the purposes of Section 5.1 (incineration) of Schedule 1 to those Regulations.

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

Registration requirements:

Needs to be registered with SEPA but no fee is required.

This exemption can be registered online.

However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)

Guidance:

SEPA’s current position on the use of drum incinerators is as follows -

1. Drum incinerators can still be used providing biomass waste or animal carcasses are burned.

2. This exemption can no longer be used for burning plastics or other non biomass material.

3. However, where agricultural waste is burned in a drum incinerator in a manner likely to cause pollution of the environment or harm to human health an offence may be committed under section 33(1)(c) of the Environmental Protection Act 1990 in contravention of the relevant objectives. SEPA will investigate such complaints.

4. There is also potential for legal action by local authorities under The Clean Air Act 1993 if dark or black smoke is produced and under Part III of the Environmental Protection Act 1990 if there is statutory nuisance.

5. Farm Quality Assurance schemes often discourage burning on farms

The Waste (Scotland) Regulations 2012 require that all organisations, businesses etc. have a duty to take all reasonable steps to recycle the 5 key waste streams (cardboard, paper, glass, plastic and metal). It is recognised that limited recycling services may be available in some areas, however where recycling services do exist the key waste streams should be recycled. 

For these reasons, SEPA advises against the use of drum incinerators. Farmers should be advised to look into off-farm recovery and disposal routes (e.g. through local authority commercial collections).

The following questions and answers are provided to help you further understand this exemption:

Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

Q. What can you do?
A. You can burn biomass or animal carcass waste generated by yourself in an exempt incinerator.

Q. Who can do it?
A. Anyone who wishes to burn waste that they have produced and who has registered a Paragraph 29 exemption.

Q. Where can you do it?
A. At the place or places which you identify when you register the exemption which must be the place where the waste was generated.

Q. What is meant by an exempt incinerator?
A. An incinerator is only exempt dependent on its capacity and the type of waste burned. Generally it is a plant that is incapable of burning at a rate which is greater than 50kg per hour. Specifically, it needs to be exempt under Section 5.1 (incineration) of Schedule 1 to the Pollution Prevention Control (Scotland) Regulations 2012. The types of wastes that can be burned by an exempt incinerator are stipulated in section 2.7 of the Waste Incineration Directive (WID) practical guide (see answer below).

Q. Are you permitted to burn any type of waste?
A. No, guidance on the types of wastes that can be burned by an exempt incinerator are given in section 2.7 of the Waste Waste Incineration Directive (WID) practical guide .

Excluded plant may only burn the following:

• Vegetable waste from agriculture and forestry
• Vegetable waste from the food processing industry, if the heat generated is recovered.
• Fibrous vegetable waste from pulp-making, if the heat generated is recovered.
• Uncontaminated wood waste (but not paper or card).
• Uncontaminated cork waste.

Where waste is burned in a drum incinerator in a manner likely to cause pollution of the environment or harm to human health an offence may be committed under section 33(1)(c) of the Environmental Protection Act 1990 in contravention of the relevant objectives.

Q. Are you permitted to dispose of the resulting ash?
A. No, the disposal of ash from a drum incinerator must be to a suitably licensed facility. As farm landfills require PPC landfill permits, on-site disposal is unlikely to be an option and off-site disposal will be required.

Q. What can you do?
A. You can store waste that you intend to burn under the terms of the Paragraph 29 (1). Q. Where can you store it? A. At the place where it is to be burned which must also be capable of preventing its escape and controlling public access.

Q. What can I do with my recyclable waste?
A.The Waste (Scotland) Regulations 2012 require all businesses (including farm businesses) to present metal, plastic, glass, paper and card for separate collection from 1 January 2014. It is recognised that limited recycling services may be available in some areas, however where recycling services do exist the key waste streams should be recycled.  Your waste contractor should provide collection and treatment services which deliver high quality recycling such as separate bins for dry recyclable materials. More information is available on our Zero Waste Regulations page.

What the legislation says:
 
30. —(1) Burning waste on land in the open if–
 
(a) the waste consists of plant tissue;
 
(b) it is agricultural waste or it is produced on land which is operational land of a railway, light railway, tramway, British Waterways, or which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, bank of an inland waterway, churchyard or cemetery, or it is produced on other land as a result of demolition work;
 
(c) it is burned on the land where it is produced; and
 
(d) the total quantity burned in any period of 24 hours does not exceed 10 tonnes.
 
(2) Sub paragraph (1) only applies to the burning of waste by an establishment or undertaking where the waste burned is the establishment or undertaking's own waste.
 
(3) The burning of waste consisting of plant tissue waste, in pursuance of a notice given under article 32 of the Plant Health (Scotland) Order 2005.
 
(4) The total quantity of waste burned under sub-paragraph (3) in any period of 24 hours shall not exceed 10 tonnes.
 
(5) The storage pending its burning, on the land where it is to be burned, of waste which is to be burned in reliance upon the exemption conferred by sub paragraph (1) or (3).
 
(6) The treatment of land for the benefit of agriculture or ecological improvement by incorporation into soil of ash from waste which is burned on that land in reliance upon the exemption conferred by sub paragraph (1) or (3).
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.
 
Q. What can you do?
A. You can burn in the open, up to 10 tonnes per day of plant tissue waste, provided the wastes are your own.
 
Q. What is meant by plant tissue waste?
A. Plant tissue waste is intended as a very broad description of all materials of plant origin such as wood and vegetation and may include engineered materials of this type provided they are untreated.
 
Q. Who can do it?
A. Any establishment or undertaking who registers a Paragraph 30 exemption.
 
Q. Where can you burn it?
A. At the place or places you identify when your register the exemption which must also be one of the land types listed and must also be the place where the waste was generated.
 
Q. What types of waste can you burn?
A. The exemption allows the burning of untreated wood, bark and plant matter provided it does not cause pollution or a nuisance. The exemption does not allow any other waste type to be burnt in the open. Paragraph 30 (3) NOTE: If the activity is carried out in a way likely to cause a nuisance or the activity involves burning in a designated Air Quality Management Area, this exemption will not cover the activity. If the Local Authority inform SEPA that a nuisance has been caused by the activity or that the exemption is in an Air Quality Management Area SEPA can remove the activity from the register.
 
Q. What can you do?
A. You can store waste that you intend to burn.
 
Q. Where can I store it?
A. Only at the place where it will be burnt.

What the legislation says:
 
31. The discharge of waste onto the track of a railway from a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on the railway, if the discharge in question does not exceed 25 litres.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
32. The burial on premises of waste arising from the use on those premises of a sanitary convenience which is equipped with a removable receptacle if the total amount buried in any period of 12 months does not exceed 5 cubic metres.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
33.—(1) The keeping or deposit of waste consisting of excavated materials arising from peatworking at the place where that activity takes place.
 
(2) Sub paragraph (1) only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking's own waste.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity

What the legislation says:
 
34. —(1) The keeping or deposit on land at the place where it is produced of spent ballast if the land is operational land of a railway, light railway or tramway and the total amount kept or deposited at that place does not exceed 10 tonnes for each metre of track from which the ballast derives.
 
(2) Sub paragraph (1) only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking's own waste
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
35. —(1) The deposit of waste consisting of excavated material from a borehole or other excavation made for the purpose of mineral exploration if-
 
(a) it is deposited in or on land at the place where it is excavated; and
 
(b) the total quantity of waste so deposited during any period of 24 months does not exceed 45,000 cubic metres per hectare.
 
(2) Sub paragraph (1) only applies if–
 
(a) the drilling of the borehole or the making of any other excavation is development which is permitted by Class 53 or 54 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992; and
 
(b) the conditions subject to which the development is permitted are observed. (3) Expressions used in this paragraph which are also used in the Town and Country Planning (General Permitted Development) (Scotland ) Order 1992 shall have the same meaning as in that Order.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
36. —(1) The temporary secure storage of waste to which sub-paragraphs (2) and (3) apply, at waste reception facilities provided within a harbour area in accordance with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 ("the 2003 Regulations"), where such storage is incidental to the collection or transport of the waste.
 
(2) This paragraph applies to waste other than tank washings (including such special waste as is listed in Table 13), but only if–
 
(a) the amount of waste so stored within a harbour area at any time does not exceed 20 cubic metres for each ship from which waste has been landed; and
 
(b) no waste is so stored for more than seven days.
 
(3) This paragraph applies to waste which consists of tank washings (including such special waste as is listed in Table 14), but only if–
 
(a) the amount of tank washings consisting of dirty ballast so stored within a harbour area at any time does not exceed 30% of the total deadweight of the ships from which such washings have been landed; and
 
(b) the amount of tank washings consisting of waste mixtures containing oil so stored within a harbour area at any time does not exceed 1% of the total deadweight of the ships from which such washings have been landed.
 
(4) In this paragraph–
 
"harbour area" has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987;
 
"ship" has the same meaning as in the 2003 Regulations;
 
"tank washings" means waste residues from the tanks (other than the fuel tanks) or holds of a ship or waste arising from the cleaning of such tanks or holds.

 Table 13

* Codes referred to in the European Waste Catalogue.
 ** Includes special waste.

 Table 4E

* Codes referred to in the European Waste Catalogue.  
** Includes special waste.  

Registration requirements:  

Needs to be registered with SEPA but no fee is required. Where waste is being stored at the place of production, the activity does not have to be registered.  

This exemption can be registered online.  

However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)  

The following questions and answers are provided to help you further understand this exemption:  

Q. How long will the registration last? Will it require renewal at any time?  
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
37. —(1) The burial of a dead domestic pet in the garden of a domestic property where the pet lived.
 
(2) This paragraph does not apply if–
 
(a) the dead domestic pet may prove hazardous to anyone who may come into contact with it; or
 
(b) the burial is carried out by an establishment or undertaking and the pet did not die at the property.
 
Registration requirements:
 
As this activity is more than likely going to be carried out by an individual rather than an establishment or undertaking, this exemption does not have to be registered with SEPA.

What the legislation says:
 
38. The deposit or storage of samples of waste, including samples of waste which are special waste (including the temporary storage of WEEE pending its recovery), which are being or are to be subjected to testing and analysis, at any place where they are being or are to be tested or analysed, if the samples do not exceed 10 tonnes and are taken–
 
(a) in the exercise of any power under the Radioactive Substances Act 1993, the Sewerage (Scotland) Act 1968, the 2003 Act, the 1990 Act,  the 1995  Act or the 2005 Regulations;
 
(b) by or on behalf of the holder of a waste management licence in pursuance of the conditions of that licence;
 
(c) by or on behalf of a person carrying on in relation to the waste an activity described in this Schedule or in regulation 16(1);
 
(d) by or on behalf of the owner or occupier of the land from which the samples are taken;
 
(e) by or on behalf of any person to whom section 34 applies in connection with that person's duties under that section; or
 
(f) for the purposes of research.
 
Registration requirements:

Needs to be registered with SEPA but no fee is required. Where waste is being stored at the place of production, the activity does not have to be registered.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:

39.—(1) The secure storage at a pharmacy or at the premises of a medical, nursing or veterinary practice or a needle exchange facility, of the wastes listed in Table 15 (including those which are special waste) which have been returned to those places from care services, households or by individuals if—

(a) the total quantity of such returned waste at the pharmacy or premises does not at any time exceed 10 cubic metres;

(b) the total amount of such waste returned in any 24 hour period does not exceed 5 kilograms or, as the case may be, 5 litres; and

(c) any waste so returned to the pharmacy or premises is not stored there for longer than 3 months.

(2) The secure storage at the premises of a medical, nursing or veterinary practice of the wastes listed in Table 15 (including special waste) produced in carrying on that practice if—

(a) in the case of liquid waste, it is stored in a secure container and the total volume of that waste does not at any time exceed 23,000 litres;

(b) in any other case, either—

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

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

(c) no such waste is stored at those premises for longer than one year.

(3) In the case of any waste batteries, secure storage under sub-paragraph (1) or (2) must take place in accordance with the treatment conditions.

(4) In this paragraph, “care services” has the same meaning as in section 2 of the Regulation of Care (Scotland) Act 2001.

Table 15

 * Codes referred to in the European Waste Catalogue.
 ** Includes special waste.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
Where waste is being stored at the place of production, the activity does not have to be registered. However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
40. —(1) The secure storage of non-liquid waste, including WEEE, at any place other than the premises where it is produced if–
 
(a) the amount of waste stored does not at any time exceed 50 cubic metres in total and is not kept for longer than 3 months;
 
(b) the person storing the waste is the owner of the place where it is stored or has the consent of the owner;
 
(c) the place where it is stored is not a site designed or adapted for the reception of waste with a view to its being disposed of or recovered elsewhere; and
 
(d) such storage is incidental to the collection or transport of the waste.
 
(2) Sub paragraph (1) above does not apply to the storage of waste at a place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles.
 
(3) The temporary storage of scrap rails on operational land of a railway, light railway or tramway if the total quantity of that waste in any one place does not at any time exceed 10 tonnes and the storage is incidental to the collection or transport of the scrap rails.
 
Registration requirements:
 
As the activity does not involve the recovery or disposal of waste, this exemption does not have to be registered with SEPA.
 
Guidance
 
Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.
 
Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland website or contact SEPA.

What the legislation says:
 
41. —(1) The temporary storage of waste, including WEEE, pending its collection, on the site where it is produced.
 
(2) Sub paragraph (1) above does not apply to the storage of waste at a place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles.
 
(3) Sub paragraph (1) shall only apply where such temporary storage conforms with the obligations and the minimum technical requirements described, respectively, in paragraph 1 to each of Parts 1 and 2 of the Schedule to the End of Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003.
 
(4) Sub paragraph (1) above shall apply to special waste if–
 
(a) it is stored on the site for no longer than 12 months;
 
(b) in the case of liquid waste, it is stored in a secure container and the total volume of that waste does not at any time exceed 23,000 litres; and
 
(c) in any other case, either–
 
(i) it is stored in a secure container and the total volume of that waste does not at any time exceed 80 cubic metres; or
 
(ii) it is stored in a secure place and the total volume of that waste does not at any time exceed 50 cubic metres.
 
Registration requirements:
 
As the activity does not involve the recovery or disposal of waste, this exemption does not have to be registered with SEPA.
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
42. —(1) The disposal of waste consisting of pesticide solution or washings in a lined biobed at the place where the waste is produced, provided that no more than 8000 litres of such waste is so disposed of in any 12 month period.
 
(2) The secure storage of such waste, at the place where it is produced, prior to its disposal in accordance with sub-paragraph (1), provided that no more than 1500 litres of such waste is stored at any one time.
 
(3) The recovery or reuse of liquid residue from a lined biobed which has been used in accordance with sub-paragraph (1), at the place where the liquid residue is produced.
 
(4) The treatment of land by spreading with biobed material from a lined biobed which has been used in accordance with sub-paragraph (1) where–
 
(a) the biobed material has been securely stored for at least 12 months prior to being spread on the land; and
 
(b) that treatment results in benefit to agriculture or environmental improvement.
 
(5) The secure storage, at the place where it is produced, of biobed material intended to be used in accordance with sub-paragraph (4), where–
 
(a) no more than 10 tonnes of biobed material is stored at any one time; and
 
(b) no waste is stored for longer than 3 years.
 
Registration requirements:
 
Must be notified to SEPA using the appropriate form and enclosing the correct fee.
 
Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".
 
Notification form:

Use WMX-FM42 - Form to register or renew a paragraph 42 exemption  (119kb)
 
Guidance:
 
There is currently no guidance for Paragraphs 10, 12 or 42 exemptions as these are thought to be self explanatory. Further information on Agricultural Benefit & Ecological Improvement can be found in Schedule 2 of the Waste Management Licensing (Scotland) Regulations 2011.
 
Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.
 
Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland website or contact SEPA.

What the legislation says:
 
43. —(1) The crushing of waste gas discharge lamps (including fluorescent tubes which are special waste within category 20 01 21 of the European Waste Catalogue) for the purposes of volume reduction prior to collection, where the material is intended for recovery or reuse.
 
(2) The storage of such lamps–
 
(a) prior to crushing; and
 
(b) after crushing but prior to collection.
 
(3) Sub paragraph (1) or, as the case as the case may be, sub-paragraph (2) applies only where–
 
(a) the crushing operation is carried out in equipment designed for the purpose of volume reduction prior to collection;
 
(b) the crushing operation is carried out solely for that purpose;
 
(c) the mercury concentration in emissions does not exceed 50 micrograms/m3;
 
(d) the total quantity of lamps processed in any period of 24 hours does not exceed 3 tonnes;
 
(e) the storage of the lamps prior to crushing is under weather proof covering in compliance with paragraph 1 of Annex III to the WEEE Directive; and
 
(f) the storage of the lamps after crushing is in a secure container.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)
 
Guidance:
 
The following guidance gives further information on this exemption:

• WMX-TG43+48 - Technical Guidance Note for Paragraph 43 and 48 exemptions (21.5kb)

The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
44. —(1) Heating iron, steel or any ferrous-alloy, non ferrous metal or non-ferrous metal alloy, in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts, for the purpose of removing grease, oil or any other non-metallic contaminant.
 
(2) Sub paragraph (1) does not apply to the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.
 
(3) In the case of a process involving the heating of iron, steel or any ferrous-alloy, sub paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (h), or (j) to (m), of Part A or paragraphs (a) to (c), or (e) or (f), of Part B of Section 2.1 of Schedule 1 to the 1991 Regulations or an activity described in Section 2.1 (other than in paragraph (d) of Part B) of Part 1 of Schedule 1 to the 2000 Regulations.
 
(4) In the case of a process involving the heating of any non-ferrous metal or non ferrous metal alloy, sub paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (g), or (i) to (k), of Part A of Section 2.2 of Schedule 1 to the 1991 Regulations or an activity described in Part A of Section 2.2 of Part 1 of Schedule 1 to the 2000 Regulations.
 
(5) The secure storage of waste intended to be submitted to heating to which sub paragraph (1) applies if the waste or, as the case may be, any container in which the waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.
 
(6) In this paragraph, "net rated thermal input" means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.
 
(7) In this paragraph, "ferrous alloy" means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non ferrous metal content greater than any percentage specified in Section 2.2 of Schedule 1 to the 1991 Regulations, and "non-ferrous metal alloy" shall be construed accordingly.
 
Registration requirements:
 
Needs to be registered with SEPA but no fee is required.
 
This exemption can be registered online.
 
However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form
 
The following questions and answers are provided to help you further understand this exemption:
 
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:
 
45. —(1)  The carrying on, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of depolluted motor vehicles, in respect of a kind of waste described in column 1 of Table 16, of any of the activities specified in column 2 of that Table in relation to that kind of waste if–
 
(a)     the total quantity of any particular kind of waste so dealt with at that place does not in any period of seven days exceed the limit specified in relation to that kind of waste in column 3 of that Table;
 
(b)     the activity is carried on with a view to the recovery of the waste (whether or not by the person carrying on the activity listed in that Table);
 
(c)     every part of that place upon which the activity is carried out is surfaced with an impermeable pavement provided with a sealed drainage system; and
 
(d)     the plant or equipment used in carrying on the activity is maintained in reasonable working order.

 Table 16

(2) The storage, at any place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles, of waste of a kind listed in column 1 of Table 4H if–  

(a) the waste is to be submitted to any of the activities specified in Table 4G in relation to that kind of waste, or to a recycling or reclamation operation authorised by a waste management licence or an authorisation granted under Part I of the 1990 Act or a permit granted under the 2000 Regulations;  

(b) the total quantity of waste of that kind stored at that place does not exceed the maximum total quantity specified in column 2 of Table 4H in relation to that kind of waste;  

(c) no waste is stored at that place for longer than 12 months;  

(d) each kind of waste is either stored separately or is kept in separate containers, but in a case where a consignment consisting of more than one kind of waste is delivered to that place it may be stored unseparated at that place pending sorting for no longer than 2 months;  

(e) in the case of waste which is liquid or consists of motor vehicle batteries, it is stored in a secure container;  

(f) in the case of waste motor vehicles, they are, where appropriate, stored on an impermeable pavement;  

(g) subject to sub sub paragraph (f), the waste or, as the case may be, any container in which it is stored, is stored on an impermeable pavement which is provided with a sealed drainage system; and  

(h) the height of any pile or stack of waste does not exceed 5 metres.

 Table 4H

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

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

(i) has established administrative arrangements to ensure that–  

(aa) waste accepted at that place is of a kind listed in Table 4G or, as the case may be, Table 4H; and  

(bb) no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the terms and conditions of the exemption; and  

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

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

(c) an up to date plan of that place containing the details referred to in regulation 18(6)(c)(i) to (iv) is sent annually to the appropriate registration authority with the annual fee referred to in paragraph (d); and  

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

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

(a) the appropriate registration authority shall serve notice in accordance with the following provisions of this sub paragraph on the establishment or undertaking from which notice has been received by the authority under regulation 18(6) in respect of that place;  

(b) a notice required by paragraph (a) shall be served not later than one month before the anniversary of the date when the notice, plan and fee referred to in regulation 18(6) were received by the authority in respect of that place and shall specify–  

(i) the amount of the payment due,  

(ii) the method of payment,  

(iii) the date of such anniversary,  

(iv) that payment is due on that date or, if later, upon the day falling one month after the date of the notice, and  

(v) the effect of payment not being made by the date on which it is due, and the due date for payment of the annual fee for that year by that establishment or undertaking in respect of that place shall be the date specified for payment in the notice.  

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

(a) the non scrap waste is not of a kind described in Table 4H;  

(b) the non-scrap waste was delivered to that place as part of a consignment of waste of which–  

(i) at least 70 per cent by weight was waste consisting of waste motor vehicles; or  

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

(c) the non scrap waste is stored at that place for no longer than 3 months;  

(d) in a case where the non-scrap waste is liquid, it is stored in a secure container; and  

(e) the non scrap waste or, as the case may be, the container in which the non-scrap waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.  

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

(7) For the purposes of this paragraph and paragraph 44, "sealed drainage system", in relation to an impermeable pavement, means a drainage system with impermeable components which does not leak and which will ensure that–  

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

What this means:  

This paragraph authorises the storage of metals but in relation to End-of-Life Vehicles (ELVs) it can only cover the storage of depolluted vehicles. A maximum of 1000 vehicles may be stored for a period of 12 months (only 40 vehicles can be accepted to these sites in a 7 day period). These exemptions are mostly used by operators who also hold a waste management licence and use exempt yards as storage for depolluted shells and non-oily parts for resale.  

Registration requirements:  

Must be notified to SEPA using the appropriate form, enclosing the correct fee and an up-to-date plan of the site. The plan must show the following:  

(i) the boundaries of the site;  

(ii) the locations within the site at which the exempt activity is to be carried on;  

(iii) the location and specifications of any such impermeable pavements, drainage systems or hardstandings; and  

(iv) the location of any secure containers.  

There is no time limit on registration but an inspection of the site must be carried as part of the assessment process.  

Registration lasts for 12 months unless a renewal notice has been received and registered by SEPA. SEPA must notify the establishment before the renewal date. A renewal form, new plan and fee must be submitted every year for the exemption to remain valid.  

If the renewal is not received within 2 months of the renewal date, the registration can be cancelled and removed from the register.  

Notification form:

• Use WMX-FM45 - Form to register or renew a paragraph 45 exemption  (137kb)
• For Paragraph 45 renewals, please also fill out:  
• - Annual Return Form for Exempt Activities (Word) (193kb) or  
• - Annual Return Form for Exempt Activities (PDF) (173kb)

Guidance:  

Technical Guidance for Paragraph 45 is provided at the end of the registration form.  

The following questions and answers are provided to help you further understand this exemption:  

Q. Paragraph 45 (1) allows motor vehicles to be dismantled, rebuilt, restored and reconditioned but only if they are depolluted. What does this mean?  
A. Scrap motor vehicles can only be recovered under this exemption in the ways described if have been depolluted by removal of the following fluids and components – batteries, LPG tanks, airbags/seats, belt pre-tentioners, mercury containing components and 98% of each drained fluid. The depollution of scrap motor vehicles can only be permitted by the holder and operator of an ELV (End of Life Vehicle) waste management licence.  

Q. How are sites reminded that their renewal is due?  
A. SEPA send out a notice telling operators that their registration is due for renewal at least one month before it is due to expire. SEPA will also enclose a renewal form.  

Q. What happens if the operator forgets to renew the registration after twelve months?  
A. If an operator has not renewed their registration within 2 months of the expiry date of the previous registration, the activity will be removed from the public register. Operators, who continue to operate whilst the activity is unregistered, will be operating illegally and may be subject to enforcement action.

Q. Does this exemption only apply to metals from end of life vehicles?  
A. No - see WST-PS-041. SEPA recognises that similar metals arise from many other waste streams such as industrial pipework or ducting or metals from offshore oil and gas activities, e.g. structural metals, jackets, staircases etc. and that these can be handled in a similar way to the waste metals arising from ELVs without additional risk to the environment. The effect of the position statement is to remove the restriction to wastes within the EWC category 16 01 17 and 16 01 18, and also allow the treatment of depolluted offshore oil and gas equipment. You can also store (but not treat, e.g. break open) catalytic converters.

What the legislation says:
 
46. —(1) The burning at a dock of waste consisting of–
 
(a) plant tissue waste, in pursuance of a notice given under article 32 of the Plant Health (Scotland ) Order 2005; or
 
(b) wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets, in pursuance of a notice given under article 31 of the Plant Health (Forestry) Order 2005.
 
(2) The storage at the dock where it was unloaded of waste intended to be burned under sub paragraph (1).
 
(3) The total quantity of waste stored or burned under sub-paragraph (1) or (2), in any period of 24 hours, shall not exceed 15 tonnes.
 
(4) Any waste burned under sub-paragraph (1) shall be burned on a hard standing, within a secure location at the dock where it was unloaded.
 
Registration requirements:
 
Must be notified to SEPA using the appropriate form and enclosing the correct fee.
 
This activity does not have to be notified to SEPA 21 days before it is due to commence due to the immediate requirement to burn the waste.
 
Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".
 
Notification form:

• Use WMX-FM46 - Form to register or renew a paragraph 46 exemption (111kb)

Guidance:
 
Technical Guidance for Paragraph 46 is provided at the end of the notification form.

What the legislation says:
 
47. —(1) The repair or refurbishment or both at a secure place of WEEE as described in column 1 of Table 18, together with any incidental storage and other incidental activities in relation to that type of WEEE if–
 
(a) the activity is carried on with a view to the reuse of the WEEE for its original purpose;
 
(b) best available treatment, recovery and recycling techniques are used when carrying out the activity;
 
(c) in respect of a description of waste contained in column 1 of Table 18, the total quantity of WEEE so dealt with at that place does not exceed either the storage limit specified in column 2 of that Table or the treatment limit specified in column 3 in relation to that type of WEEE;
 
(d) the technical requirements specified in Annex III of the WEEE Directive are met;
 
(e) prior to the treatment of WEEE and in relation to any waste components from WEEE, such WEEE or components are stored in such a manner that their environmentally sound reuse or recycling is not hindered; and
 
(f) no WEEE is stored at that place for longer than 12 months.

 Table 18

* Codes referred to in the European Waste Catalogue.  
** In total either awaiting repair or refurbishment or stored following such treatment.  

(2) The carrying on, at any secure place in respect of WEEE that is special waste as described in Table 19, the treatment activities of repair or refurbishment or both together with any incidental storage and other incidental activities, but not including the degassing and capture of ozone depleting substances in relation to that type of WEEE if–  

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

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

(c) in respect of a description of waste contained in a particular row to Table 19 the total quantity of WEEE so dealt with at that place does not exceed either the storage limit specified in column 2, or the treatment limit specified in column 3 of that Table for the types of WEEE in that row;  

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

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

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

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

Table 19

* Codes referred to in the European Waste Catalogue.  
** In total either awaiting repair or refurbishment or stored following such treatment.  

(3) Sub paragraphs (1) or (2) only apply to the carrying out of an activity at a place if the person responsible for the management of that place has established administrative arrangements to ensure that–  

(a) WEEE accepted at that place is of a type set out in column 1 of Table 18 or 19, as the case may be; and  

(b) no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the terms and conditions of the exemption.  

(4) For the purposes of this paragraph, the storage and treatment limits set out in columns 2 and 3 of Tables 18 and 19 are overall limits that apply to all waste falling within the 6 digit code or codes specified in column 1 of those Tables.  

Registration requirements:  

Must be notified to SEPA using the appropriate form and enclosing the correct fee. SEPA has 21 days to register or reject the activity otherwise it is automatically placed on the register.  

Registration lasts for 12 months unless a renewal notice has been received and registered by SEPA. 

SEPA must notify the establishment before the renewal date.  

• WMX-N-47 - Notice requiring payment of annual fee (para 47) (72kb) and
• WMX-FM47 - Form to register or renew a paragraph 47 exemption   (122kb) 

A renewal form and new plan must be submitted every year for the exemption to remain valid. Please refer to SEPA charging scheme for current cost to renew exemptions.

If the renewal is not received within 2 months of the renewal date, the registration can be cancelled and removed from the register.

Notification form:  

• Use WMX-FM47 - Form to register or renew a paragraph 47 exemption (122kb)  
• Annual Return Form for Exempt Activities (Word) (193kb) or Annual Return Form for Exempt Activities (PDF) (173kb)  

Guidance:  

• WMX-TG47 - Technical Guidance Note for Paragraph 47 exemptions  (53kb)  

Further information on community recycling and refurbishment is available from the Circular Communities Scotland website.  

Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.  

Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland website or contact SEPA.

What the legislation says:
 
48. —(1) The storage at any secure place of WEEE of a type listed in column 1 of Table 20 if–
 
(a) the WEEE is stored for the purpose of its recovery elsewhere;
 
(b) the total quantity of any particular type of WEEE stored at the site at any time does not exceed the storage limit specified in column 2 of the Table in relation to that type of WEEE;
 
(c) any particular type of WEEE is stored for no longer than the duration limits specified in column 3 of the Table;
 
(d) the other relevant storage requirements specified in column 4 of the Table are met; and
 
(e) the WEEE is stored in such a manner that its environmentally sound reuse or recycling is not hindered.

Table 20

* Codes referred to in the European Waste Catalogue.  

(2) The secure storage of WEEE of a type listed in column 1 of Table 6B if–  

(a) the WEEE is stored for the purpose of its recovery elsewhere;  

(b) the total quantity of any particular type of WEEE stored at the site at any time does not exceed the storage limit specified in column 2 of the Table;  

(c) any particular type of WEEE is stored for no longer than the duration limits specified in column 3 of the Table;  

(d) the relevant type of containment and other relevant requirements specified in columns 4 and 5 of the Table are met;  

(e) the WEEE is stored in such a manner that its environmentally sound reuse or recycling is not hindered.

Table 6B

* Codes referred to in the European Waste Catalogue.  

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

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

Registration requirements:  

Needs to be registered with SEPA but no fee is required. Where waste is being stored at the place of production, the activity does not have to be registered.  

This exemption can be registered online.  

However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)  

Guidance:  

The following guidance gives further information on this exemption:  

• WMX-TG43+48 - Technical Guidance Note for Paragraph 43 and 48 exemptions (21.5kb)  

Where an exempt activity relates to the storage, treatment or recovery of waste then operating out with the parameters specified for that activity may indicate that a waste disposal activity is taking place. In these circumstances, the activity would no longer be exempt and you may have to cease the activity or remove some or all of the waste or apply for an appropriate authorisation. From 1 April 2015 onwards , if you deposit waste or place it for storage on or under land (or on a structure set into the surface of the land), you may also be liable to pay Scottish Landfill Tax if the activity purportedly being carried out under an exemption actually constitutes a disposal of the waste by way of landfill.  

Note - From 1 April 2015, many landfill activities in Scotland will be liable for Scottish Landfill Tax (SLfT). For further information on SLfT, please visit the Revenue Scotland websiteor contact SEPA.  

The following questions and answers are provided to help you further understand this exemption:  

Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

What the legislation says:  

50.—(1) The mixing of ash from the incineration of pig or poultry carcasses at its place of production with manure for the treatment of land as specified in sub-paragraph (2).  

(2) The treatment of land used for agriculture with agricultural waste resulting in benefit to agriculture or ecological improvement, if—  

(a) the waste consists of ash from the incineration of pig or poultry carcasses, or such ash mixed with manure in reliance on the exemption in sub-paragraph (1);  

(b) the land is at the place of production of the ash;  

(c) the land is at least—  

(i) 10 metres from any inland or coastal waters;  

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

(iii) 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of any domestic water supply;  

(d) at the start of and throughout the treatment—  

(i) the land has not been frozen for 12 or more hours during the preceding 24 hours; and  

(ii) the land is not waterlogged, flooded or snow-covered;  

(e) the activity is carried out in accordance with any requirement imposed by or under the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008(53);  

(f) where the waste consists only of ash from the incineration of pig or poultry carcasses, it is incorporated into the soil as soon as possible; and  

(g) the total quantity of ash incorporated into the soil does not exceed 150 kilograms per hectare in any period of 12 months.  

(3) The secure storage of not more than 100 tonnes of waste intended to be used for the treatment of land in reliance on the exemption in sub-paragraph (2).  

(4) In this paragraph, “domestic water supply” has the meaning given by paragraph 7(5).

Registration requirements:  

Must be notified to SEPA using the appropriate form and enclosing the correct fee. Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".  

Notification form:

• Use WMX-FM50 - Form to register or renew a paragraph 50 exemption  (202kb)

Guidance:  

Further information on Agricultural Benefit & Ecological Improvement can be found in Schedule 2 of the Waste Management Licensing (Scotland) Regulations 2011.

What the legislation says:  

49. - The treatment of waste organophosphate sheep dip (including such waste as is special waste) with an enzyme preparation, provided that no more than two tonnes of such waste is treated in any one day.  

Registration requirements:  

Must be notified to SEPA using the appropriate form and enclosing the correct fee. Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".  

Notification form:  

• Use WMX-FM49 - Form to register or renew a paragraph 49 exemption  (109kb)

Guidance:  

• WMX-TG49 - Technical Guidance Note for Paragraph 49 exemptions  (79kb)

What the legislation says:  

51.—(1) The anaerobic digestion of biodegradable waste which is agricultural waste or waste  from a distillery.  

(2) In this paragraph, “anaerobic digestion” means the process of controlled decomposition of  waste under managed conditions—  

(a) where free oxygen is absent;  

(b) at temperatures suitable for naturally occurring mesophilic or thermophilic anaerobe and facultative anaerobe bacteria species; and  

(c) where the inputs to the process are converted to a methane rich biogas for use in an energy recovery process and to a stable sanitised material, the application of which material to land results in benefit to agriculture or horticulture or ecological improvement.  

Registration requirements:  

Must be notified to SEPA using the appropriate form and enclosing the correct fee. Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".  

Notification form:

• Use WMX-FM51 - Form to register or renew a paragraph 51 exemption  (146kb)  

Guidance:

• WMX-TG51 - Technical Guidance Note for Paragraph 51 exemptions  (112kb)  

Further information on Agricultural Benefit & Ecological Improvement can be found in Schedule 2 of the Waste Management Licensing (Scotland) Regulations 2011.