40.—(1) The storage of non-liquid waste at any place other than the premises where it is produced if—
(a)it is stored in a secure container or containers, does not at any time exceed 50 cubic metres in total and is not kept for a period longer than 3 months;
(b)the person storing the waste is the owner of the container 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) 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.