Waste Exemptions Explained

Waste Exemption Guidance

Waste Exemptions can apply to some low risk waste operations that do not need an Environmental Permit.

Key Points

Waste Exemptions are free to register (except T11) and last 3 years.

Details about your company and the exemption will be added to the Environment Agency Public Register.

If you do not comply with the conditions , you will not be exempt and the activity will be illegal.

Types of Waste Exemption

Waste exemptions set out clear limits and conditions which you must follow.

If your waste activity does not meet the exemption conditions , you may need to apply for an Environmental Permit.

There are 4 categories of waste exemptions :

U - Using Waste (U1 - U16)

D - Disposing of Waste (D1 - D8)

T - Treating Waste (T1 - T33)

S - Storing Waste (S1 - S3)

Important information on Waste Exemption Changes.

Full details of the changes which are planned has been published within the DEFRA documents supplementary Government response and annexes.

Waste exemptions are changing to help prevent waste crime.

You may risk becoming illegal if you do not check what changes you need to make before the Environmental Permitting Regulations (EPR) change.

It is expected that the changes will not take place before 2025. This may change depending on government and its legislative programme.

There will be a transition period for these changes from when the Environmental Permitting Regulations change. The transition period gives operators time to take action such as removing waste exemptions , applying for an Environmental Permit or changing site operations.

If you need advice on what changes you will need to make , contact us so we can help you.

Key points from the changes you need to be aware of :

Exemption holders must keep records showing compliance with the registered exemption (No transition Permit - will come into force with immediate effect)
It will not be allowed to operate a waste activity under an exemption on or next to permitted waste operation or installation where there is a direct link.
Where multiple waste exemptions are registered , the amount of wastes handled on sites will be restricted

Exemptions which will be removed:

Transition Period 3 Months.

Exemptions which will have changes made to current conditions:

U1 - Use of waste in construction (transition period 12 months)
T4 - Preparatory treatments , such as baling , sorting , shredding (transition period 6 months)
T6 - Treating waste wood and waste plant matter by chipping , shredding , cutting or pulverising (transition period 6 months)
T12 - Manually treating waste (transition period 6 months)
D7 - Burning waste in the open (transition period 6 months)
S1 - Store waste in secure containers (transition period 12 months)
S2 - Storing waste in secure containers (transition period 12 months)

What you need to do now

Check your current operations meet the exemption you have registered before they are due for renewal. You can check your exemptions against the government guidance .
If you no longer need the exemption , you can deregister it on the Environment Agency Website
If you want to keep the exemption in place , you should make sure you can comply with the new conditions by the end of the transition date.
If your activities no longer meet the new waste exemption conditions , you should either stop your activities or apply for an Environmental Permit by the end of the transition date.