Exemptions Listing
This page has been archived and, as of March 2011, is no-longer maintained by WRAP.
For latest update on permiting and exemptions, please visit the Environmental Permitting page of the Environment Agency website.
The Waste Management Regulations (WMR) Step by Step Tool guides the user through all the regulations relating to waste, focusing in particular on the Environmental Permitting (England and Wales) Regulations 2007 (the EP Regulations).
Under certain strict conditions, process and use of waste and ancillary storage activities may be exempt from the requirement of obtaining an environmental permit. Please see the Permitting and Exemptions section for more information.
Exemptions list
Under the 2010 Environmental Permitting Regulations, use and treatment of construction, demolition and excavation waste are activities mostly regulated under environmental permits. A few exemptions are still available for those activities posing the lowest risk to the environment and human health.
A summary of the exemptions relevant to users and processors of construction and demolition waste is presented below.
Please note, you should use the list for reference only. You are strongly advised to use the WMR Step by Step Tool for complete information on the regulations, including more details on the conditions under which each exemption may apply and the available permits covering those activities that no longer meet the requirements of the exemptions.
- Generalities about the exemptions
- U1: use of waste in construction
- U8: Use of waste for a specified purpose
- T5: Screening and blending of waste
- T7:Treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size
- T12: Manual treatment of waste
- S2: Storage of waste in a secure place
The exemptions are described in Schedule 3 of the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No 675). Part 1, Chapter 1 of the Schedule includes generic conditions applicable to all exemptions, including important definitions of terms used throughout, clarifications on the quantity limits set in each exemption, how they apply to mobile plants etc.
Within the same Part 1, Chapter 2 describes the exemptions relating to use of waste, Chapter 3 those relating to treatment, Chapter 4 disposal and Chapter 5 storage.
Each Chapter includes a Section 1 introducing the general conditions relating to the type of exemptions, explaining how the exemptions are structured, including where the specific conditions are described in each paragraph, and whether or not they include associate storage.
Each exemption specifies the waste it applies to by using the List of Waste Regulations code, with further descriptions of the relevant waste stream within.
This exemption is described in paragraph 1 of Section 2 within Chapter 2, Part 1 of Schedule 3 of the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No 675).
The exemption applies to a wide range of bound, unbound, granular, organic and soil waste, which is subdivided in three tables according to the maximum amount of waste that can be stored and/or used over a period of three years in a place. No waste can be stored for longer than 12 months and certain waste is allowed in different quantities depending on the construction application.
The exemption substitutes the old paragraph 19 exemption, but with stricter conditions.
More details on the applicable conditions for each type of construction and demolition waste are available as follows:
This exemption is described in paragraph 8 of Section 2 within Chapter 2, Part 1 of Schedule 3 of the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No 675).
The exemption applies to a vast range of waste, with associated specific applications and limits for the storage and/or use of the waste. The waste cannot be treated and shall not require treatment before use in the specific application.
This exemption substitutes many low risk waste regulatory positions and the old exemption 15.
More details on the applicable conditions for each waste are available as follows:
This exemption is described in paragraph 5 of Section 2 within Chapter 3, Part 1 of Schedule 3 of the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No 675).
The exemption applies to a vast range of waste that can be screened and blended, with or without prior crushing, for producing aggregates or soil. This exemption does not include crushing covered by a Part B permit or by the T7 exemption described below.
In general, a limit of 5,000t is set for waste stored or used at a place over a three year period; for bituminous mixtures used to manufacture roadstone, the limit is extended to 50,000. No waste can be stored for longer than 12 months and treatment is only allowed where the waste has been produced or where the treated waste will be used.
More details on the applicable conditions for each waste are available as follows:
This exemption is described in paragraph 7 of Section 2 within Chapter 3, Part 1 of Schedule 3 of the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No 675).
The exemption applies to concrete, bricks, tiles waste and mixture thereof only and covers crushing activities undertaken by a small plant treating no more than 20 tonnes of waste per hour and producing trivial emissions to air. No more than 200 tonnes of waste can be stored at any one time.
More details on the exemption.
This exemption is described in paragraph 12 of Section 2 within Chapter 3, Part 1 of Schedule 3 of the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No 675).
The exemption applies to many types of waste and specified manual treatment activities, with quantity limits. The list of waste includes stone and bricks that can be sorted, repaired or refurbished by hand in quantities not exceeding 500t, for reuse.
More details on the exemption.
This exemption is described in paragraph 2 of Section 2 within Chapter 5, Part 1 of Schedule 3 of the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No 675).
The exemption applies to a wide range of waste. For each waste stream, the maximum amount of waste that can be stored and the maximum storage period is defined, together with specific storage conditions (e.g. sealed drainage, in containers etc.).The waste must be stored pending recovery elsewhere.
More details on the applicable conditions for specific type of construction and demolition waste are available as follows:
