Paragraph 29 - The disposal of waste at the place of production by burning in an incinerator

What the legislation says:

29. —(1) The disposal of waste at the place where it is produced, by the person producing it, by burning it in an incinerator–

(a) which is an exempt incinerator for the purposes of Section 5.1 (incineration) of Schedule 1 to the 1991 Regulations, or which is an excluded plant for the purposes of Section 5.1 of Part 1 of Schedule 1 to the 2000 Regulations with a capacity of less than 50 kg per hour; or

(b) which is not an incineration plant, a co-incineration plant or an excluded plant for the purposes of Section 5.1 of Part 1 of Schedule 1 to the 2000 Regulations.

(2) The secure storage at that place of any such waste intended to be submitted to such burning.

Registration Requirements:

Needs to be registered with SEPA but no fee is required.

This exemption can be registered online.

However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)

Guidance:

SEPA’s current position on the use of drum incinerators is as follows -

  1. SEPA is obliged to register the use of drum incinerators under paragraph 29 of Schedule 3 of the Regulations.
  2. However, where agricultural waste is burned in a drum incinerator in a manner likely to cause pollution of the environment or harm to human health an offence may be committed under section 33(1)(c) of the Environmental Protection Act 1990 in contravention of the relevant objectives. SEPA will investigate such complaints.
  3. There is also potential for legal action by local authorities under The Clean Air Act 1993 if dark or black smoke is produced and under Part III of the Environmental Protection Act 1990 if there is statutory nuisance.
  4. The Prevention of Environmental Pollution from Agricultural Activities Code of Good Practice (The PEPFAA code) advises against the burning of plastics, rubber, tyres and other wastes which may cause pollution or nuisance.
  5. There is a risk of harm to human health from noxious fumes if burning substances such as certain plastics.
  6. The disposal of ash from a drum incinerator must be to a suitably licensed facility. As farm landfills require Pollution Prevention and Control (Scotland) Regulations 2000 SI No. 323 landfill permits, on-site disposal is unlikely to be an option and off-site disposal will be required.
  7. Farm Quality Assurance schemes often discourage burning on farms

For these reasons, SEPA advises against the use of drum incinerators. Farmers should be advised to look into off-farm recovery and disposal routes (e.g. through local authority commercial collections).

The following questions and answers are provided to help you further understand this exemption:

Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

Q. What can you do?
A. You can burn waste generated by yourself in an exempt incinerator.

Q. Who can do it?
A. Anyone who wishes to burn waste that they have produced and who has registered a Paragraph 29 exemption. If the incinerator needs a permit to operate you do not need to register this activity as an exemption. You should check this before registering.

Q. Where can you do it?
A. At the place or places which you identify when you register the exemption which must be the place where the waste was generated.

Q. What is meant by an exempt incinerator?
A. Generally it is a plant that is incapable of burning at a rate which is greater than 50kg per hour. Specifically it needs to be exempt under Section 5.1 (incineration) of Schedule 1 to the Pollution Prevention and Control (Scotland) Regulations 2000.

Q. Are you permitted to burn any type of waste?
A. No, exempt incinerators cannot burn clinical waste, sewage sludge, sewage screenings, municipal waste, any hazardous wastes or any wastes which will cause a nuisance or create pollution. Where agricultural waste is burned in a drum incinerator in a manner likely to cause pollution of the environment or harm to human health an offence may be committed under section 33(1)(c) of the Environmental Protection Act 1990 in contravention of the relevant objectives. Also, the Prevention of Environmental Pollution from Agricultural Activities Code of Good Practice (The PEPFAA code) advises against the burning of plastics, rubber, tyres and other wastes which may cause pollution or nuisance.

Q. Are you permitted to dispose of the resulting ash?
A. No, the disposal of ash from a drum incinerator must be to a suitably licensed facility. As farm landfills require PPC landfill permits, on-site disposal is unlikely to be an option and off-site disposal will be required. Paragraph 29 (2)

Q. What can you do?
A. You can store waste that you intend to burn under the terms of the Paragraph 29 (1).

Q. Where can you store it?
A. At the place where it is to be burned which must also be capable of preventing its escape and controlling public access.