Waste Exemptions Explained

Waste exemptions allow certain waste activities in England to take place without an environmental permit. GOV.UK describes a waste exemption as a waste management activity that is exempt from needing an environmental permit, with conditions that must be met. This guide explains the four types of exemption, how registration with the Environment Agency works, the limits and conditions involved and how hazardous waste is treated. It is written for businesses and organisations that produce, store or handle waste and want a clear overview.

What are waste exemptions?

Many waste activities, such as storing, treating, using or disposing of waste, need an environmental permit. An exemption covers specific activities that do not need a permit, as long as the exemption is registered where required and its conditions are met. According to the government's guidance on choosing the right waste exemptions, each exemption comes with restrictions on the type and amount of waste that can be dealt with.

An exemption is not a general permission to manage waste. It covers only the activity, waste types and quantities described in that exemption, and it is registered against a particular site.

The four types of waste exemption

The GOV.UK collection of waste exemption guides groups exemptions under four types of activity. Each exemption has a short code made up of a letter and a number.

• **Storing waste (S):** for example, S1 covers storing waste in secure containers and S2 covers storing waste at a secure site.
• **Treating waste (T):** for example, T4 covers storing and preparing waste for further treatment, and T14 covers emptying and crushing oil filters from vehicles.
• **Using waste (U):** for example, U1 covers using waste in construction and U4 covers burning waste as fuel in a small appliance.
• **Disposing of waste (D):** for example, D5 covers depositing waste samples for testing or analysis.

Some exemption titles refer to chemicals and fluids that businesses produce. These include T15 for treating waste aerosol cans, T18 for removing water from clay and paints, T31 for recovering monopropylene glycol from aircraft antifreeze and T33 for recovering central heating oil by filtration. Each one is narrowly defined, and the existence of an exemption does not mean every antifreeze, oil or paint waste can be managed under it.

Each exemption has its own guidance page setting out the activities allowed and the conditions that apply.

Exemptions that do not need registering

Some activities do not need an exemption at all. The choosing guidance gives the example that no exemption is needed for a business storing its own waste for up to a year.

There are also three non-waste framework directive (NWFD) exemptions covering temporary storage, which do not need to be registered or paid for. One of these covers temporary storage where waste is produced. Its guidance allows any type of waste to be stored for up to 12 months, provided the business produced the waste itself, stores it where it was produced and stores it securely, meaning it cannot escape from its container and the public cannot access it.

Registering a waste exemption with the Environment Agency

Most exemptions must be registered with the Environment Agency through the online waste exemption service. GOV.UK's registration rules and guidance set out the information needed, which includes:

• the exemptions being registered
• the name, address and contact details of the person or business carrying out the waste activity
• the site address and postcode, or a grid reference
• for a limited company or limited liability partnership, the company registration number and registered address
• payment details

Registered exemptions are valid for three years. The business and exemption details are added to the Environment Agency's public register of exempt waste sites, and each registration has a waste exemption (WEX) number.

Charges

There is a charge for most waste exemptions, set out in charging bands. Exemptions are free for charities, and the T28 exemption for sorting and denaturing controlled drugs for disposal is also free. Free exemptions are registered by phone.

Renewal and expiry

The Environment Agency contacts the holder a month before an exemption expires. If the exemption is still needed, it can be registered again for another three years. If the expiry date is missed, the exemption is removed from the public register.

Limits and conditions on waste exemptions

The registration rules apply to every exemption. Among other things, a business cannot:

• hold more than one of the same exemption at a site at the same time
• register an exemption already registered at the site by another business
• register a storage exemption to increase the storage limit in a different exemption
• store waste that is not included in the exemption it has registered

Every exemption also has its own conditions. The choosing guidance states that activities under an exemption must not cause risk to water, air, soil, plants or animals, cause a nuisance through noise and odours, or disturb the countryside or places of special interest. Individual exemptions add their own limits, such as maximum quantities, time limits on storage and lists of permitted waste codes.

Where an activity involves waste that is not listed in the exemption, or more waste than the exemption allows, the guidance says an environmental permit or a different exemption is needed. Exemptions also cannot be used as part of an installation, such as a chemical plant or landfill site, where the activity must be included in the installation permit.

Waste exemptions and hazardous waste

Several exemptions restrict hazardous waste. The individual guides show this in different ways:

• the T4 exemption guidance states that hazardous waste cannot be treated under that exemption
• the S1 and S2 storage exemptions do not allow hazardous waste to be mixed with non-hazardous waste
• some exemptions are limited to non-hazardous waste by their title, such as T29 for carbon filtering non-hazardous pesticide washings
• permitted waste is listed by code, and the guides explain that an asterisk at the end of a code means the waste is hazardous, and an exemption covers only the codes it lists

The S1 and S2 guides also note that hazardous waste remains subject to the Hazardous Waste Regulations, so an exemption does not remove those separate requirements.

Why exemptions matter to waste producers

Exemptions are one of the ways a waste site can be authorised, alongside environmental permits. Because the details of registered exemptions are added to the Environment Agency's public register of exempt waste sites, the registration of an exempt site can be checked there.

Choosing and registering an exemption is a decision for the business carrying out the activity, based on the guidance for each exemption. Where it is unclear how your waste fits, speak to our team.

To discuss your waste, contact our team on 0845 366 9306 or email enquire@hazardousdisposal.co.uk.