Paragraph 12 - Composting

What the legislation says:

12. —(1) Subject to sub paragraphs (3)–

(a) composting biodegradable waste of a type listed in Table 6, other than for the purpose of cultivating mushrooms;

(b) chipping, shredding, cutting, pulverising, screening or storing such waste for the purpose of composting at the place where the composting activity is, or is to be, carried out; and

Table 6
Codes*	Types of waste
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03	Plant-tissue waste
02 01 06	Animal faeces, urine and manure (including spoiled straw)***
02 01 07	Wastes from forestry
02 01 99	Straw, wood or paper – based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets***
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation (02 03)
02 03 01	Sludges from washing, cleaning, peeling, centrifuging and separation
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01	Waste bark and cork
03 01 05	Sawdust, shavings, cuttings, wood**
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01	Waste bark and wood
Wastes from the textile industry (04 02)
04 02 10	Organic matter from natural products (e.g. grease, wax)
Packaging (including separately collected municipal packaging waste) (15 01)
15 01 01	Paper and cardboard packaging
15 01 03	Wooden packaging
15 01 09	Textile packaging
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03	Off-specification compost consisting only of biodegradable waste***
Separately collected fractions of municipal wastes (household waste and similar commercial, industrial and institutional wastes) (20 01)
20 01 01	Paper and cardboard
20 01 08	Meat excluded biodegradable kitchen and canteen waste***
20 01 10	Clothes
20 01 11	Textiles
Garden and park waste (including cemetery waste) (20 02)
20 02 01	Biodegradable waste
Other municipal wastes (20 03)
20 03 02	Botanical waste from markets***

* Codes referred to in the European Waste Catalogue.
** Wastes containing dangerous substances are not included.
*** The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.

(2) Composting any of the wastes listed in the first column of Table 3B for the purpose of cultivating mushrooms at the place where the waste is produced or where the compost is to be used, or at any other place occupied by the person producing the waste or using the compost, where the quantity of waste being composted at any one time does not exceed 2,500 tonnes.

(3) The total quantity of waste treated and stored under sub-paragraph (1) at any time shall not exceed, in relation to the composting activities referred to in the second column of Table 3C, the quantity shown in the third column of that Table.

Table 3C
Code and type of waste (as referred to in Table 3B)*	Composting activity	Maximum total quantity (including storage and treatment)
Plant tissue waste 02 01 03 Wastes from forestry 02 01 07 Waste bark and cork 03 01 01 Biodegradable waste from gardens and park wastes (including cemetery waste 20 02 01)	Open air windrow composting without containment** and without any impermeable pavement or sealed drainage	400 Tonnes
All above wastes namely 02 01 03, 02 01 07, 03 01 01, 20 02 01 plus 02 01 06, 15 01 01, 15 01 09, 20 01 10 and 20 01 11	Open air windrow composting without containment** on an impermeable pavement with sealed drainage	400 Tonnes
Any type of waste referred to in Table 3B	Composting with containment** of waste	400 Tonnes
Plant tissue waste 02 01 03 Wastes from forestry 02 01 07 Waste bark and cork 03 01 01 Biodegradable waste from gardens and park wastes (including cemetery waste) 20 02 01	Open air windrow composting by a farm business of wastes arising within that business as defined for the purposes of the Integrated Administration and Control System for farm support without containment** and without any impermeable pavement or sealed drainage	1,000 Tonnes
All above wastes namely 02 01 03, 02 01 07, 03 01 01, 20 02 01 plus 02 01 06, 15 01 01, 15 01 09, 20 01 10 and 20 01 11	Open air composting by a farm business of wastes arising within that business as defined for the purposes of the Integrated Administration and Control System for farm support without containment** on an impermeable pavement with sealed drainage	1,000 Tonnes
Any type of waste referred to in Table 3B	Composting by a farm business of wastes arising within that business as defined for the purposes of the Integrated Administration and Control System for farm support with containment** of waste	1,000 Tonnes

* Codes referred to in the European Waste Catalogue.
** Containment in this context means composting in a vessel, in a sealed building or by some other process equally effective to produce a wholly contained and controlled environment.

(4) The secure storage of biodegradable waste which is to be composted in reliance upon the exemption conferred by sub paragraph (1) at a place other than the place where such composting is or is to be carried out where–

(a) the waste is stored for a period not exceeding 48 hours and is to be taken directly from the storage site to that place;

(b) such storage is part of a scheme for the collection of waste from groups of premises; and

(5) For the purposes of this paragraph–

(a) "composting" means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled aerobic conditions that result in a stable sanitised material that can be applied to land for the benefit of agriculture, horticulture or ecological improvement; and (b) the reference to "treated" waste includes waste which is undergoing maturation.

Registration Requirements:

Must be notified to SEPA using the appropriate form and enclosing the correct fee.

Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".

Notification Form:

Use WMX-FM12 - Form to register or renew a paragraph 12 exemption (204k) for most sites

or
WMX-FM12small - Form to register or renew a paragraph 12 exemption (94k) for small scale composting at business or education facilities where they are using individual composting units each less than 2m3 capacity.

Sites accepting <100 tonnes / year throughput of waste do not have to pay a fee/renewal fee, although they still have to complete the full form (WMX-FM12), unless they are composting at a very small scale (individual composting units each less than 2m3 capacity) in which case they should complete the small scale form (WMX-FM12small). Establishments composting >100 tonnes of waste per year have to pay a fee/renewal fee and submit the full form (WMX-FM12).

Guidance:

There is currently no guidance for Paragraphs 10, 12 or 42 exemptions as these are thought to be self explanatory.

The following websites may be useful for background information on composting: