Permitting and Exemptions

If you are dealing with waste at your site (e.g.: storing it, sorting it, recycling it...), you will either need to obtain an environmental permit, or to register the activities being undertaken there as exempt from the requirements of the Environment Permitting (England and Wales) Regulations 2007 (the EP Regulations). 

The EP Regulations set out the procedure for obtaining a permit. It also identifies a number of activities that are excluded from requiring a permit or that are exempt from permitting. Further information on other key regulations affecting waste can be found in the Key Regulations page. This page contains information on permits and exemptions.

If you held a waste management licence, it automatically became an environmental permit on 6 April 2008, without need for reapplying. Furthermore, most waste exemptions have become exemptions under the EP Regulations.

An environmental permit is required if you operate:

1. an installation carrying out any activity described under Schedule 1 of the EP Regulations;
2. a waste operation;
3. a mobile plant carrying out Schedule 1 activities or waste operations.

1. Activities described within Schedule 1 are classified as:

• Part A(1): higher risk, emitting to air, soil and water;
• Part A(2): lower risk, but still emitting to air, soil and water;
• Part B: activities emitting to air only.

Part A(1) activities are regulated by the Environment Agency; Part A(2) and Part B activities are regulated by the Local Authority. Example: crushing of concrete and bricks is a Part B activity.

2. If you are dealing with waste but your activity is not described within Schedule 1 of the EP Regulations, then you require either an environmental permit or an exemption. In general, the Environment Agency would be the regulator of these activities and you will need to obtain a permit or register an exemption with them. There are however some exceptions:

• some waste operations might be excluded from environmental permitting as they are still regulated by other systems (e.g. liquid discharges);
• some waste operations might be carried out as part of a Part A(2) or Part B installation or mobile plant and hence are regulated by the relevant local authority. For instance, storage of waste bricks and concrete before crushing is an exemption which will require registration with the Local Authority as it is a waste operation subordinated to the crushing, itself regulated under a Part B permit.

3. A mobile plant is regulated either by the Environment Agency or by the relevant local authority depending on the activity or waste operation carried out. 

Please consult this Environment Agency web page for more information and further sources of guidance, in particular the Environmental Permitting Core Guidance by DEFRA.

Depending on the complexity and risks associated with the activity or waste operation requiring an environmental permit, you can apply for a standard permit or a bespoke permit.

Standard permits

• They are available for 27 low to medium risk waste activities (e.g. inert and excavation waste transfer station with or without treatment); more type of standard permits are currently being prepared.
• They refer to standard rules that must be met. The rules in general specify the environmental protection. objectives to be achieved, but leave to the operator the choice of how to meet the requirements of the rule. Guidance is however provided within each permit.
• They are cheaper and quicker to obtain than bespoke permits.
• Information on how to apply is provided by the Environment Agency, which also specifies the applicable charges.

Bespoke permits

• They are tailored to the specific activity.
• They are the only alternative if not standard permit exist yet or if some of the requirements (standard rules) of the standard permits cannot be met
• They are more expensive and longer to obtain.
• Information on how to apply is provided by the Environment Agency, which also specifies the applicable charges.

Depending on the risk and complexity of the activity, an exemption can be defined as simple or complex.

Simple exemptions require registration through a notification form provided by the Environment Agency and do not incur any charge. Examples of simple exemptions include paragraph 13 (manufacture and treatment of construction materials and timber products) and paragraph 17 (storage of waste in a secure place).

Complex exemptions require more detailed information as they are higher risk activities. There is a charge for the registration and a requirement for annual renewal with payment of an annual fee. Examples of complex exemptions include paragraph 9 (reclamation, restoration or improvement of land) and paragraph 19 (waste from construction). Detailed guidance is provided by the Environment Agency.

Some general information on how local authorities regulate Part A(2) and Part B activities is available from DEFRA. You are advised to contact your Local Authority directly for details about obtaining a permit and/or registering an exemption.

Temporary storage of wastes pending collection does not require registration with any regulator as it is not a recovery or disposal activity.