Waste exemptions

Certain waste operations have been exempt from the need to hold an Environmental Permit (formerly a Waste Management Licence) for many years. These operations are not unregulated, but are subject to a lighter touch regulation requiring those who carry them out to comply with certain rules and not cause harm to the environment. The Environmental Permitting (England and Wales) Regulations 2016 (the EP Regulations) stipulate that most activities to manage waste should have an Environmental Permit. However, there are some exceptions. These are called exemptions. Exemptions are waste operations that do not need a Permit, but do need to be registered. You are strongly advised to read the EP Regulations for the definitive text relating to waste exemptions.

If your activity is eligible for a waste exemption, you must generally register it with the Environment Agency. However, Local Authorities register two types of waste treatment activity: Treating waste metals or alloys by heating to remove grease, oil or any other nonmetallic contaminant (also called a category T3 activity); and Treating waste bricks, tiles or concrete by crushing, grinding or size reduction (also called a category T7 activity).

More about T3 and T7 activities

T3 activities are the treatment of waste metals for the purposes of removing grease, oil and any non-metallic contaminant by heating in an appliance. To qualify as a T3 exempt waste operation the activity must also meet the following criteria:

• The total quantity of waste stored at any one time must not exceed 10 tonnes;
• The waste must be stored in a secure location with sealed drainage;
• The appliance (or aggregate of all appliances used together) must be less than 0.2 megawatts net rated thermal input; and
• It must not be used for the removal of plastic and rubber from scrap cable or any asbestos contaminant.

T7 activities involve the treatment by crushing, grinding or reducing in size of concrete, bricks, tiles and ceramics or mixtures of these materials (other than those containing dangerous substances, i.e. ‘170106 mixtures’). Such T7 activities typically involve the use of small-scale/micro crushers and can include some mobile plant. It is an exempt activity ONLY if it satisfies ALL of the following specific conditions:

• No more than 20 tonnes of waste are treated over any period of one hour;
• No more than 200 tonnes of waste are stored at any one time;
• The waste is stored in a secure place (i.e. non accessible to the general public and from where waste cannot escape) prior to processing;
• The treatment is carried out at the place where the waste was produced OR at the location where the processed material is to be used;
• Any release of substances into air is trivial, i.e. will not cause pollution or will cause an insignificant pollution.

Operators of T3 and T7 facilities must also satisfy the general conditions of being carried out with the purposes of recovering the waste and without causing harm to human health and/or the environment.

To do this, you must be the occupier of the land where the exempt activities will be carried out, or have the consent of the occupier. You should complete an application form. There is no charge to register. If the plant is fixed and located within Thanet, we are the Regulator for this exemption.

If you operate mobile plant then your principal place of business must be within the Thanet, otherwise you should contact your home Local Authority.

We will write to you within 5 working days to confirm whether your application has been accepted or refused. If we require additional information we will contact you and in some cases this may mean it takes longer to complete the registration process.

You cannot register more than one of the same exempt waste operation at the same place at the same time. No more than one company, establishment or undertaking may be registered at the same place for the same exempt waste operation at the same time. Therefore any subsequent registrations for the same waste operation will be invalid. Only the first registered waste operation will be relevant until it is removed or expires. If you are operating above the thresholds listed within the EP Regulations for each exemption then you must apply for an Environmental Permit with the relevant Regulator for the activity.

Your registration will be valid for 3 years and you must renew your registration before the registration expires. You can apply for a renewal of your registration up to 1 month before the expiry date. If you do not apply for a renewal before the expiry date, your registration will be removed and you will no longer be registered for that exempt waste operation.

As the exemption registration authority we are required to maintain a Public Register of undertakings with a valid T3 or T7 waste exemption. A copy of the Public Register can be inspected at the Council office.

It is an offence to carry out activities including keeping, recycling, crushing, baling, composting or dismantling waste materials without an appropriate environmental permit or registered exemption. It is also an offence to fail to renew a registered exemption within the specified time, or to fail to comply with the conditions of the registration