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Who needs to register an exemption from environmental permitting?

Date: 16 April 2010. Posted in Industry News

If your facility is exempt from environmental permitting in England and Wales you may need to register an exemption with your regulator and comply with its conditions.

You do not need to register an exemption if you are carrying out a waste operation covered by a Non-Waste Framework Directive (NWFD) exemption or if you rely on a radioactive substances exemption order for your radioactive substances activity.

Non-Waste Framework Directive exemptions
Radioactive materials: Environment permits, registrations, authorisations and exemptions

If you have an existing waste exemption, see our guidance on what happened to your old permit, licence or exemption .

What is an exempt facility?

An exempt facility includes:

Exempt waste operations
Exempt water discharge activities
Exempt groundwater activities

Your regulator will include details of your registered exempt facility on a public register.

Who is your regulator for environmental permitting?

What is an exempt waste operation?

Waste operations are waste disposal or recovery activities, such as operating a waste transfer station or metal recycling site. They need an environmental permit unless they are exempt from environmental permitting.

An exempt waste operation is a low risk waste handling operation that must:

  • be described in Schedule 3 Part 1 of the Environmental Permitting (England and Wales) Regulations 2010

Environmental Permitting (England and Wales) Regulations 2010 SI 675

  • be registered unless it is a NWFD exemption
  • meet general and specific conditions.

You must renew your registered exempt waste operation every three years.

Exempt waste operations are grouped into four main chapters:

Chapter 1: Use of waste
Chapter 2: Treatment of waste
Chapter 3: Disposal of waste
Chapter 4: Storage of waste.

Each exempt waste operation is set out in a standard format with:

  • a letter and paragraph number to identify it, eg use of waste in construction (U1)
  • a description of the exempt waste operation
  • waste codes, waste types and quantity limits covered by the exempt waste operation
  • specific conditions that apply to the exempt waste operation.

Exempt waste operations include:

  • use of waste in construction (U1)
  • recovery of scrap metal (T9)
  • sorting mixed waste (T10)
  • disposal by incineration (D6)
  • burning waste in the open (D7)
  • storage of waste in a secure place (S2).

Your exempt waste operation must not:

  • pose a risk to water, air, soil, plants or animals, eg by causing water pollution
  • cause a nuisance, eg noise or odour
  • affect the countryside or places of special interest, eg a site of special scientific interest (SSSI).

For specific guidance on each exempt waste operation, see the Environment Agency and Defra guidance.

Environment Agency: New waste exemptions
Defra: Environmental permitting guidance on exempt waste operations (Adobe PDF- 580KB)
General guide to Environmental Permitting (Adove PDF - 980KB)

For more information phone 01928 571 349 or

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