Paragraph 45 - The recovery of scrap metal or the dismantling of motor vehicles

What the legislation says:

45. —(1) The carrying on, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of depolluted motor vehicles, in respect of a kind of waste described in column 1 of Table 16, of any of the activities specified in column 2 of that Table in relation to that kind of waste if–

(a) the total quantity of any particular kind of waste so dealt with at that place does not in any period of seven days exceed the limit specified in relation to that kind of waste in column 3 of that Table;

(b) the activity is carried on with a view to the recovery of the waste (whether or not by the person carrying on the activity listed in that Table);

(c) every part of that place upon which the activity is carried out is surfaced with an impermeable pavement provided with a sealed drainage system; and

(d) the plant or equipment used in carrying on the activity is maintained in reasonable working order.

Table 16
Kind of Waste	Activities	Seven day limit
Ferrous metals (within category 16 01 17 of the European Waste Catalogue) or ferrous alloys in metallic non-dispersible form (but not turnings, shavings or chippings of those metals or alloys)	Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment	8,000 tonnes
The following non ferrous metals (within category 16 01 18 of the European Waste Catalogue), namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys)	Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment	400 tonnes
Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories	Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment	300 tonnes
Depolluted motor vehicles	Dismantling, rebuilding, restoring or reconditioning	40 vehicles
Lead acid motor vehicles batteries (within category 16 06 01 of the European Waste Catalogue) (including those whose contents are special waste) not forming part of, nor contained in, a motor vehicle	Sorting	20 tonnes

(2) The storage, at any place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles, of waste of a kind listed in column 1 of Table 4H if–

(a) the waste is to be submitted to any of the activities specified in Table 4G in relation to that kind of waste, or to a recycling or reclamation operation authorised by a waste management licence or an authorisation granted under Part I of the 1990 Act or a permit granted under the 2000 Regulations;

(b) the total quantity of waste of that kind stored at that place does not exceed the maximum total quantity specified in column 2 of Table 4H in relation to that kind of waste;

(d) each kind of waste is either stored separately or is kept in separate containers, but in a case where a consignment consisting of more than one kind of waste is delivered to that place it may be stored unseparated at that place pending sorting for no longer than 2 months;

(e) in the case of waste which is liquid or consists of motor vehicle batteries, it is stored in a secure container;

(f) in the case of waste motor vehicles, they are, where appropriate, stored on an impermeable pavement;

(g) subject to sub sub paragraph (f), the waste or, as the case may be, any container in which it is stored, is stored on an impermeable pavement which is provided with a sealed drainage system; and

(h) the height of any pile or stack of waste does not exceed 5 metres.

Table 4H
Kind of waste	Maximum total quantity
Ferrous metals (within category 16 01 17 of the European Waste Catalogue) or ferrous alloys in metallic non dispersible form (but not turnings, shavings or chippings of those metals or alloys)	50,000 tonnes
The following non-ferrous metals (within category 16 01 18 of the European Waste Catalogue), namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non-dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys)	1,500 tonnes
Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories	1,000 tonnes
Motor vehicles, stored where appropriate on an impermeable pavement	1000 vehicles
Lead acid motor vehicle batteries (within category 16 06 01 of the European Waste Catalogue) (including those whose contents are special waste) not forming part of, nor contained in, a motor vehicle	40 tonnes

(3) Sub paragraph (1) or (2) only applies to the carrying on of an activity at a place if–

(a) the person responsible for the management of that place–

(i) has established administrative arrangements to ensure that–

(aa) waste accepted at that place is of a kind listed in Table 4G or, as the case may be, Table 4H; and

(bb) no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the terms and conditions of the exemption; and

(ii) carries out a monthly audit to confirm compliance with the terms and conditions of the exemption;

(b) the records required by paragraph 14 of Part I of Schedule 4 are kept in such a form as to show, for each month, the total quantity of each kind of waste recovered during that month at that place, and details of the total quantity of each kind of waste recovered at that place during the preceding 12 months are sent annually to the appropriate registration authority with the charge referred to in paragraph (d);

(c) an up to date plan of that place containing the details referred to in regulation 18(6)(c)(i) to (iv) is sent annually to the appropriate registration authority with the annual fee referred to in paragraph (d); and

(d) the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995 is paid in respect of that place to the appropriate registration authority by the due date which shall be ascertained in accordance with sub paragraph (4).

(4) For the purposes of ascertaining the due date in any year for payment of the fee referred in sub paragraph (3)(d) in respect of any place–

(a) the appropriate registration authority shall serve notice in accordance with the following provisions of this sub paragraph on the establishment or undertaking from which notice has been received by the authority under regulation 18(6) in respect of that place;

(b) a notice required by paragraph (a) shall be served not later than one month before the anniversary of the date when the notice, plan and fee referred to in regulation 18(6) were received by the authority in respect of that place and shall specify–

(i) the amount of the payment due,

(ii) the method of payment,

(iii) the date of such anniversary,

(iv) that payment is due on that date or, if later, upon the day falling one month after the date of the notice, and

(v) the effect of payment not being made by the date on which it is due, and the due date for payment of the annual fee for that year by that establishment or undertaking in respect of that place shall be the date specified for payment in the notice.

(5) The temporary storage of waste (in this sub paragraph referred to as "the non-scrap waste"), pending its collection, at a place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles if–

(a) the non scrap waste is not of a kind described in Table 4H;

(b) the non-scrap waste was delivered to that place as part of a consignment of waste of which–

(i) at least 70 per cent by weight was waste consisting of waste motor vehicles; or

(ii) at least 95 per cent by weight was waste of any kind described in Table 4H other than waste motor vehicles, and is capable of being separated from that waste by sorting or hand dismantling;

(d) in a case where the non-scrap waste is liquid, it is stored in a secure container; and

(e) the non scrap waste or, as the case may be, the container in which the non-scrap waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.

(6) In Table 4G, "shearing" means the cold cutting of metal by purpose-made shears, and "depolluted" in relation to waste motor vehicles has the meaning given in regulation 2 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003.

(7) For the purposes of this paragraph and paragraph 44, "sealed drainage system", in relation to an impermeable pavement, means a drainage system with impermeable components which does not leak and which will ensure that–

(a) no liquid will run off the pavement otherwise than via the system; and (b) except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.

What this means:

This paragraph authorises the storage of metals but in relation to End-of-Life Vehicles (ELVs) it can only cover the storage of depolluted vehicles. A maximum of 1000 vehicles may be stored for a period of 12 months (only 40 vehicles can be accepted to these sites in a 7 day period). These exemptions are mostly used by operators who also hold a waste management licence and use exempt yards as storage for depolluted shells and non-oily parts for resale.

Registration Requirements:

Must be notified to SEPA using the appropriate form, enclosing the correct fee and an up-to-date plan of the site. The plan must show the following:

(i) the boundaries of the site;

(ii) the locations within the site at which the exempt activity is to be carried on;

(iii) the location and specifications of any such impermeable pavements, drainage systems or hardstandings; and

(iv) the location of any secure containers.

There is no time limit on registration but an inspection of the site must be carried as part of the assessment process.

Registration lasts for 12 months unless a renewal notice has been received and registered by SEPA. SEPA must notify the establishment before the renewal date. A renewal form, new plan and fee must be submitted every year for the exemption to remain valid.

If the renewal is not received within 2 months of the renewal date, the registration can be cancelled and removed from the register.

Notification Form:

Use WMX-FM45 - Form to register or renew a paragraph 45 exemption (137k)
For Paragraph 45 renewals, please also fill out:
- Annual Return Form for Exempt Activities (193k) or
- Annual Return Form for Exempt Activities (173k)

Guidance:

Technical Guidance for Paragraph 45 is provided at the end of the registration form.

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

Q. Paragraph 45 (1) allows motor vehicles to be dismantled, rebuilt, restored and reconditioned but only if they are depolluted. What does this mean?
A. Scrap motor vehicles can only be recovered under this exemption in the ways described if have been depolluted by removal of the following fluids and components – batteries, LPG tanks, airbags/seats, belt pre-tentioners, mercury containing components and 98% of each drained fluid. The depollution of scrap motor vehicles can only be permitted by the holder and operator of an ELV (End of Life Vehicle) waste management licence.

Q. How are sites reminded that their renewal is due?
A. SEPA send out a notice telling operators that their registration is due for renewal at least one month before it is due to expire. SEPA will also enclose a renewal form.

Q. What happens if the operator forgets to renew the registration after twelve months?
A. If an operator has not renewed their registration within 2 months of the expiry date of the previous registration, the activity will be removed from the public register. Operators, who continue to operate whilst the activity is unregistered, will be operating illegally and may be subject to enforcement action.