Paragraph 9 - The reclamation or improvement of land
What the legislation says:
9. —(1) Subject to the following provisions of this
paragraph–
(a) the treatment of land with any of the wastes listed in Part
I of Table 2A;
(b) the treatment of land with any of the wastes listed in Part
II of that Table where such treatment results in benefit to
agriculture or ecological improvement;
(c) the secure storage, at the place where it is to be used and
for a period not exceeding 6 months, of waste intended to be used
in reliance upon the exemption conferred by paragraph (a) or
(b).
Table 2A
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Codes*
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Types of waste
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PART I Wastes from physical and chemical processing of
non-metalliferous minerals (01 04)
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01 04 08
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Waste gravel and crushed rocks**
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01 04 09
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Waste sand and clays
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Wastes from sugar processing (02 04)
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02 04 01
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Soil from cleaning and washing beet
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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)
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10 01 01
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Pulverised fuel ash***
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Wastes from manufacture of ceramic goods, bricks, tiles
and construction products (10 12)
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10 12 08
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Waste ceramics, bricks, tiles and construction products (after
thermal processing)
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Wastes from manufacture of cement, lime and plaster and
articles and products made from them (10 13)
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10 13 14
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Waste concrete and concrete sludge
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Concrete, bricks, tiles and ceramics (17
01)
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17 01 01
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Concrete
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17 01 02
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Bricks
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17 01 03
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Tiles and ceramics
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17 01 07
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Mixtures of concrete, bricks, tiles and ceramics**
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Soil (including excavated soil from contaminated sites),
stones and dredging spoil (17 05)
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17 05 08
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Track ballast**
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Wastes arising from waste water treatment plants not
otherwise specified (19 08)
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19 08 99
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Wastes not otherwise specified (specifically stone filter
media)
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Wastes from the preparation of water intended for human
consumption or water for industrial use (19 09)
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19 09 99
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Wastes not otherwise specified (specifically slow sand filter
sand)
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Wastes from the mechanical treatment of waste (for
example. sorting, crushing, compacting, pelletising) not otherwise
specified (19 12)
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19 12 09
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Minerals (for example sand, stones)
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Wastes from soil and groundwater remediation (19
13)
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19 13 02
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Solid waste from soil remediation**
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Garden and park wastes (including cemetery waste) (20
02)
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20 02 02
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Soil and stones
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PART II Wastes from pulp, paper and cardboard production
and processing (03 03)
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03 03 05
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De-inked sludges from paper recycling
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03 03 07
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De-inked paper pulp from paper recycling***
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03 03 09
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Lime mud waste
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Wastes from the manufacture, formulation, supply and use
of fine chemicals and chemical products not otherwise specified (07
07)
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07 07 12
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Sludges from on site effluent treatment other than those
containing dangerous substances
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Soil (including excavated soil from contaminated sites),
stones and dredging spoil (17 05)
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17 05 04
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Soil and stones**
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17 05 06
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Dredging spoil**
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Wastes from aerobic treatment of solid wastes (19
05)
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19 05 03
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Off-specification compost consisting only of biodegradable
waste***
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Wastes from waste water treatment plants not otherwise
specified (19 08)
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19 08 05
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Sludges from treatment of urban waste water
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19 08 99
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Wastes not otherwise specified (specifically stone filter
media)
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Wastes from the preparation of water intended for human
consumption or water for industrial use (19 09)
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19 09 02
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Sludges from water clarification
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19 09 99
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Wastes not otherwise specified (specifically slow sand filter
sand)
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Wastes from soil and groundwater remediation (19
13)
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19 13 04
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Sludges from soil remediation**
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* 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) Sub paragraph (1) does not apply to the use of waste at a
site designed or adapted for the final disposal of waste by
landfill at any time when such disposal is the subject of a waste
management licence or a permit granted under regulation 7 of the
2000 Regulations.
(3) Sub paragraph (1) applies only where–
(a) the waste is used for the purpose of reclamation,
restoration or improvement of land which has been subject to
industrial or other man made development;
(b) the waste is suitable for use for the purposes mentioned in
sub paragraph (a);
(c) the waste is used in accordance with the requisite planning
permission (if any);
(d) the waste is used to a depth not exceeding the lesser of 2
metres or the final cross sections shown on the plan submitted
under regulation 18(8) of these Regulations; and
(e) the waste used does not exceed 20,000 cubic metres per
hectare.
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:
Further information on Agricultural Benefit & Ecological
Improvement can be found in Schedule 3A Part 2 of the Waste
Management Licensing Regulations 1994 as amended by the Waste
Management Licensing Amendment (Scotland) Regulations
2006 
.