Consigning Waste, Special Waste, Registering Exemptions FAQs

Q. How should I let SEPA know I am carrying out an exempt activity?
A. If you are carrying out, or intend to carry out, an exempt activity, you should fill in and return a registration form or register online. Paper forms should be completed and returned to the local office. ALL exemptions which utilise only waste from agricultural activities are FREE.

Q. Is soil from under potato dressing machinery waste? What about the risk of spreading potato cyst nematode?
A. Soils can be reused on farm where it is appropriate to do so and if the use is beneficial. Soils which are not reused on farm for beneficial use are classed as waste. They should therefore be taken to a suitably licensed site for disposal or composted under a paragraph 12 exemption registered with SEPA. SEPA is not the competent authority with regard to plant diseases so cannot comment on the disease implications.

Q. Are reject vegetables waste?
A. Farmers may import potatoes/ vegetables for processing and may produce rejects which have to be discarded for plant health reasons. There is also a possible scenario where the rejects may be spread on non agricultural land in which case it may be considered to be waste. We recommend the farmer contact SEPA in such circumstances.

Q. Who is responsible for waste fly tipped on farms?
A. The Scottish flytipping forum has been set up to deal with fly tipping it involves many organisations such as the Local Authorities, the Scottish Government, SEPA and Keep Scotland Beautiful. Further information can be obtained from the Dumb Dumpers external link website or by calling the helpline on 0845 2304090.

Q. What can still go into a farm dump?
A. Nothing. The use of farm dumps has been prohibited since July 2003. Any farmer who wishes to continue to use a farm dump must first obtain a permit from SEPA to operate a landfill. Landfills must be constructed to rigorous and complex engineering standards and operated by suitably qualified landfill specialists. There are no permitted farm dumps in Scotland and it is unlikely that any existing farm dump would be engineered to meet the necessary licensing criteria. SEPA would therefore expect that all agricultural waste is now taken to a licensed waste facility or used under the terms of exemptions or licences on farms. All existing sites should cease operating and be dressed off, with any obvious potentially polluting materials removed to a suitably licensed facility.

Q. What’s the correct procedure for sending waste off farm?
A. As it is agricultural waste you are dealing with, the transportation of the material does not need to be by a registered waste carrier. Waste sent off farm for recycling, recovery or disposal can therefore be transported by the farmer; a registered waste carrier or an agricultural waste carrier. You have a legal duty of care to ensure that your waste is disposed of or recycled at an authorised facility. Accordingly, you should ensure you receive a ‘waste transfer note’ from the person who uplifts the waste. Each waste transfer note should contain details of the waste uplifted; who collected it; and the waste management facility they are taking it to. In addition, hazardous wastes should be accompanied by a special waste consignment note.

Q. What wastes does a transfer note cover?
A. All wastes are covered within a transfer note, which must be presented to SEPA within 7 days if requested. Hazardous wastes must be accompanied by a special waste consignment note.

Q. What is “special waste”?
A. In Scotland, since July 2004, waste from agricultural premises that has hazardous properties and is listed as hazardous in the European Waste Catalogue has been controlled by the Special Waste Regulations. This new definition includes agricultural waste, formerly not included under the Special Waste Regulations.

Special Waste that might be discarded in agricultural businesses includes for example:

  • Asbestos;
  • Waste oil and fuel oils such as diesel;
  • certain veterinary medicines or infectious veterinary wastes;
  • pesticides and herbicides;
  • cleaning chemicals such as disinfectants and bleach;
  • and sheep dip.

Special Waste has to be handled differently from other controlled wastes. You can find out more about the additional legal controls that apply to Special Waste on the NetRegs Hazardous/Special Waste external link web page.

Q. How much does it cost to send special waste to a waste disposal site?
A. Article 1(5) of the Hazardous Waste Directive (91/689/EEC) exempts domestic waste from the consignment requirement and this is reflected in the Special Waste Regulations.

Farmers, like any other commercial waste producers, must comply with the requirement to consign. A charge of £15 per consignment note is made. This reflects the costs incurred by SEPA in administering the system.

There are ways of reducing these costs. Rather than purchasing a consignment note for each consignment of special waste, a ‘carriers round’ system can be used. For example if several farmers had their waste oil collected by one farmer (or a commercial contractor) as part of a 'carriers round' within a 24 hour period then the £15 cost of the note could be spread between the various waste producers.

A guide to consigning special waste pdf link (1.34mb) is available to help you understand the different ways in which waste could be collected.

Q. Are cleaned pesticide containers still considered to be hazardous?
A. It is the responsibility of the waste producer to identify if the waste they produce is hazardous. Many pesticide containers may be properly cleaned and are not hazardous while some may be very difficult to clean due to the nature of the pesticide and may therefore be classed as special waste. If there is any doubt the material should be consigned as special waste.