Paragraph 19 - Waste for construction and other "relevant work”

What the legislation says:

19. —(1) The storage on a site of any of the wastes listed in Table 4B, if–

(a) the waste in question is suitable for use for the purposes of relevant work which will be carried on at the site;

(b) in the case of waste which is not produced on the site, it is not stored there for longer than 6 months; and

(c) no more than 50,000 tonnes of the waste is stored on the site at any time.

Table 4B
Codes* Types of waste

Wastes from physical and chemical processing of non-metalliferous minerals (01 04)

01 04 08

Waste gravel and crushed rocks**

01 04 09

Waste sand and clays

Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)

02 01 99

Clean shells***

Wastes from sugar processing (02 04)

02 04 01

Soil from cleaning and washing beet

Wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use ) (10 01)

10 01 01

Pulverised fuel ash***

10 01 99

Gypsum***

Wastes from the iron and steel industry (10 02)

10 02 02

Unprocessed slag

Wastes from casting of ferrous pieces (10 09)

10 09 03

Furnace slag

Waste from casting of non ferrous pieces (10 10)

10 10 03

Furnace slag

Wastes from manufacture of ceramic goods, bricks, tiles and construction products (10 12)

10 12 08

Waste ceramics, bricks, tiles and construction products (after thermal processing)

Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13)

10 13 14

Waste concrete and concrete sludge

End-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08) (16 01)

16 01 03

End-of-life tyres

Concrete, bricks, tiles and ceramics (17 01)

17 01 01

Concrete

17 01 02

Bricks

17 01 03

Tiles and ceramics

17 01 07

Mixtures of concrete, bricks, tiles and ceramics**

Bituminous mixtures, coal tar and tarred products (17 03)

17 03 02

Road base and road planings***

Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)

17 05 04

Soil and stones***

17 05 06

Dredging spoil**

17 05 08

Track ballast**

Wastes from incineration or pyrolysis of waste (19 01)

19 01 12

Bottom ash and slag**

Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting pelletising not otherwise specified) (19 12)

19 12 09

Minerals (for example sand, stones)

Wastes from soil and groundwater remediation (19 13)

19 13 02

Solid waste from soil remediation**

Garden and park wastes (including cemetery waste) (20 02)

20 02 02

Soil and stones

* 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) The use of waste of a kind mentioned in paragraph (1) for the purposes of relevant work if–

(a) the waste is suitable for use for those purposes;

(b) the waste is used to a depth not exceeding the dimensions of the final cross sections shown on the plan submitted under regulation 18(8) of these Regulations; and

(c) in the case of clean shells (within category 02 01 99 of the European Waste Catalogue), the shells from shellfish processing are treated in accordance with the Animal By Products (Scotland) Regulations 2003 and Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by products not intended for human consumption.

(3) In this paragraph, "relevant work" means the use of waste–

(a) for the construction, maintenance or improvement of–

(i) a building, road, railway, airport, dock or other transport facility;

(ii) recreational facilities; or

(iii) drainage; or (b) for engineering works relating to or adjacent to any part of the water environment, but does not include work involving land reclamation.

(4) In sub paragraph 3(a), the reference to "drainage" is a reference to drainage works within the meaning of the Land Drainage (Scotland ) Act 1958

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:

Guidance: