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The Collection and Disposal of Waste Regulations 1988

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Regulation 9

SCHEDULE 6 CASES IN WHICH A DISPOSAL LICENCE IS NOT REQUIRED

The deposit of waste on land

1.  The deposit of effluent or other waste matter in accordance with a consent given under section 34.

2.  The deposit of waste in accordance with a licence issued under Part II of the Food and Environment Protection Act 1985(1).

3.  The deposit of waste specified by an order under section 7 of the Food and Environment Protection Act 1985 as an operation which does not need a licence under Part II of that Act.

4.—(1) Subject to sub-paragraph (3), the deposit on land of wastes of the descriptions set out in paragraphs 6 and 7 of Schedule 3, or of ash, slag or clinker, provided that the deposit is made for the purposes of construction currently being undertaken on the land on which the waste is deposited.

(2) Subject to sub-paragraph (3), the deposit on land, for a period not exceeding three months, of wastes of the descriptions mentioned in sub-paragraph (1), provided that the deposit is made for the purposes of future construction on the land on which the waste is deposited.

(3) The deposit is made by, or with the consent of, the lawful occupier of the land.

5.  The deposit of excavated material arising from peatworking.

6.—(1) Subject to sub-paragraph (2), the deposit of excavated material arising from a borehole or an excavation which is—

(a)made in order to ascertain the presence, extent or quality of a deposit of a mineral other than petroleum, with a view to exploiting that mineral; or

(b)made by the British Coal Corporation in the course of prospecting for coal workable by opencast methods; or

(c)made by a water authority in accordance with that authority’s functions, other than waste from dredging operations.

(2) The borehole or excavation is a development permitted by an order under section 24 of the Town and Country Planning Act 1971(2), and the deposit complies with such conditions or limitations as may be specified in that order.

7.  The deposit of spent railway ballast on land which is operational land (within the meaning of section 222 of the Town and Country Planning Act 1971) of a railway undertaking.

8.—(1) Subject to sub-paragraphs (2) and (3), the deposit of waste from dredging operations of any inland water within the meaning of section 135 of the Water Resources Act 1963(3).

(2) The deposit is made along the banks of the inland water from which the waste is dredged and is made as operations proceed.

(3) The waste is not deposited in a lagoon or container.

9.—(1) Subject to sub-paragraph (2), the deposit of waste vegetable matter or waste soil in any park, sports ground, public garden or other recreation ground or any churchyard or cemetery.

(2) The deposit is made within the boundaries of the land on which the waste is produced and is made by, or with the consent of, the lawful occupier of that land.

10.—(1) The deposit, in a secure lagoon or container, on land used for agriculture, of sewage sludge intended to be deposited directly onto land for agricultural purposes.

(2) A secure lagoon or container is one designed or adapted so that, as far as is practicable, waste cannot escape from it, and members of the public cannot have access to the waste contained within it.

11.  The deposit of sewage from a sanitary convenience forming part of a passenger carrying rail vehicle.

12.  The deposit by burial of sewage from a removable receptacle forming part of a sanitary convenience serving persons on premises other than a private dwelling.

13.—(1) Subject to sub-paragraphs (2) and (3), the deposit—

(a)of sewage sludge on land for the purpose of fertilising or otherwise beneficially conditioning that land; or

(b)of any waste, on land used for agricultural purposes, for the purpose of fertilising or otherwise beneficially conditioning that land.

(2) The waste is deposited directly onto the land and not in a lagoon or container.

(3) The person depositing the waste shall furnish particulars to the disposal authority in whose area the deposit is to be made as follows—

(a)Where there is to be a single deposit of waste, he shall furnish the following particulars in advance of making the deposit:

(i)his name, telephone number and address;

(ii)a description of the waste, including the process from which it arises;

(iii)an estimate of the quantity of the waste; and

(iv)the location and intended date of the deposit.

(b)Where there are to be regular or frequent deposits of wastes of a similar composition he shall furnish the following particulars every six months:

(i)his name, telephone number and address;

(ii)a description of the waste, including the process from which it arises;

(iii)an estimate of the total quantity of waste he intends to deposit during the next six months; and

(iv)the locations and frequency of the deposits,

and he may deposit wastes of a different description from that notified provided that he furnishes amended particulars in advance of making the deposit.

14.  The deposit of waste on the premises on which it is produced, pending its disposal elsewhere.

15.—(1) The deposit, on the premises on which it is produced, of special waste of the following descriptions, pending its disposal elsewhere—

(a)liquid waste of a total volume of not more than 23,000 litres deposited in a secure container or containers; and either

(b)non-liquid waste of a total volume of not more than 80 cubic metres deposited in a secure container or containers; or

(c)non-liquid waste of a total volume of not more than 50 cubic metres deposited in a secure place or places.

(2) A secure container or place is one designed or adapted so that, as far as is practicable, waste cannot escape from it, and members of the public cannot have access to the waste contained within it.

16.—(1) Subject to sub-paragraphs (2), (3) and (4), the deposit, outside the premises on which it is produced, of non-liquid waste of a total volume of not more than 50 cubic metres in a container or containers so designed or adapted that, as far as is practicable, waste cannot escape from it or from them.

(2) The deposit is made for a period not exceeding 28 days.

(3) The deposit is made by, or with the consent of, the owner of the container.

(4) The deposit is not at a site designed or adapted for the reception of waste with a view to its being disposed of elsewhere.

17.  The deposit of waste paper or rags pending disposal elsewhere, provided that the deposit is made by, or with the consent of, the lawful occupier of the land.

The use of plant or equipment for the purpose of disposing of waste

18.  The disposal of waste as an integral part of the industrial process that produces it.

The use of plant or equipment for the purpose of dealing with waste in a manner prescribed by regulation 8

19.  Baling, compacting, pulverising or sorting waste on the premises on which it is produced.

20.  Baling, sorting or shredding waste paper or rags.

21.  Storing waste of the descriptions set out in paragraphs 14 and 15 on the premises on which it is produced.

22.  Incinerating waste, which is not special waste, on the premises on which it is produced by means of plant with a disposal capacity of not more than 200 kilogrammes per hour.

23.  Using waste oil as fuel to produce heat.

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