Changes to Waste exemptions

[Goweresque]

Anyone else had an email from the EA regarding the above? It seems they are changing some of the exemptions, abolishing some categories entirely and altering the conditions of others, including ones used by farms such as U1 and D7.

What seems to be the most problematic change to U1 is that they are saying you can't continually register it any more, as far as I can see. The FAQs are here: https://wasteexemptions.service.gov.uk/Getting_ready_for_change

If you go to Question 10 which specifically mentions farms, and click on the link to the new U1 conditions you see the following:

Types of activity you cannot carry out​

You cannot:

• treat waste to make it suitable to use - see related exemptions T5, T6 and T7 (you need to register T7 with your local authority), for treatment options
• dispose of waste by using waste that is unsuitable or by using more waste than is needed. You need to be able to justify the amount needed
• use waste for land reclamation, for example by infilling a hollow
• register this exemption more than once at the same place for 3 years after registration
• de-register and then renew this exemption at the same place within a 3 year period
• store the waste for longer than 12 months before you use it

My reading of the above is that you are limited to one renewal of a U1 exemption at a given location, then when that renewal runs out you can't have another one until 3 years have passed. But I could be wrong, its very poorly worded, as one would expect from the EA If I am right it makes dealing with repairing tracks and hard standings considerably more complicated.

 

[robs1]

Not had one yet . Suspect a charge will soon be mentioned, they need to pay for their shiny vans somehow. Meanwhile pikies collect and dump waste with gay abandon .

 

[stroller]

'tis their ethnic right, they're also violent, all have the same names and own no assets, much easier to hit property owners.

 

[Pieces_of_Eight]

Who gets to define and interpret the term "waste"?

One man's waste is another man's treasure.

If I knock a wall down do I create waste or do I create a valuable supply of building materials to use elsewhere on the holding?

 

[yellow belly]

Who gets to define and interpret the term "waste"?

One man's waste is another man's treasure.

If I knock a wall down do I create waste or do I create a valuable supply of building materials to use elsewhere on the holding?

recycling

straw is a waste but is recycled either through manure or just chopped

i know several people who have made millions from recycling waste

 

[Goweresque]

Who gets to define and interpret the term "waste"?

One man's waste is another man's treasure.

If I knock a wall down do I create waste or do I create a valuable supply of building materials to use elsewhere on the holding?

The answer to your question is that the EA get to define what waste is. And as such they determine even if it has value it can still be waste. For example scrap metal has value, but is still waste.

Check if your material is waste

When a material is waste, is a by-product or meets ‘end of waste’ status.

www.gov.uk

 

[wanton dwarf]

The answer to your question is that the EA get to define what waste is. And as such they determine even if it has value it can still be waste. For example scrap metal has value, but is still waste.

Check if your material is waste

When a material is waste, is a by-product or meets ‘end of waste’ status.

www.gov.uk

If you can't sleep, try reading that webpage. God, someone actually got paid to create that.

Common classification of waste​

A material that is commonly regarded as waste is likely, but not certain, to be waste. Just because something is called waste, does not mean that it is waste. A material that is listed in the List of Waste code is not necessarily waste.

Disposal or recovery​

If a material has gone through an operation that is commonly regarded as disposal or recovery, it is likely to have been discarded. This will not always be so, as sometimes such an operation is not actually disposal or recovery because the material involved is not a waste.

 

[Y Fan Wen]

recycling

straw is a waste but is recycled either through manure or just chopped

i know several people who have made millions from recycling waste

Discworld - Harry King, King of the Golden River.

 

[Goweresque]

straw is a waste but is recycled either through manure or just chopped

No, straw is considered a by-product, which means it isn't a waste at all, and hence we can dispose of it to whoever we like without any waste management implications.

The by-product test​

A production process with the primary aim of producing intended new products from non-waste materials may also produce unavoidable residues. These residues will have by-product (non-waste) status if they meet all 4 conditions (a) to (d) under WFD article 5 (1).

Condition (a) – further use of the substance or object is certain​

Condition (b) – the substance or object can be used directly without any further processing other than normal industrial practice​

Condition (c) – the substance or object is produced as an integral part of the production process​

Condition (d) – further use is lawful, that is the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts​

Straw meets all those criteria - there is an established market for it, it requires no more processing beyond baling, it is produced as an intrinsic part of cereal production and there are no environmental or health impacts from its use.

 

[Frantic Farmer]

Had the email ..........clear as mud

 

[Fubar]

Anyone else had an email from the EA regarding the above? It seems they are changing some of the exemptions, abolishing some categories entirely and altering the conditions of others, including ones used by farms such as U1 and D7.

What seems to be the most problematic change to U1 is that they are saying you can't continually register it any more, as far as I can see. The FAQs are here: https://wasteexemptions.service.gov.uk/Getting_ready_for_change

If you go to Question 10 which specifically mentions farms, and click on the link to the new U1 conditions you see the following:

Types of activity you cannot carry out​

You cannot:

• treat waste to make it suitable to use - see related exemptions T5, T6 and T7 (you need to register T7 with your local authority), for treatment options
• dispose of waste by using waste that is unsuitable or by using more waste than is needed. You need to be able to justify the amount needed
• use waste for land reclamation, for example by infilling a hollow
• register this exemption more than once at the same place for 3 years after registration
• de-register and then renew this exemption at the same place within a 3 year period
• store the waste for longer than 12 months before you use it

My reading of the above is that you are limited to one renewal of a U1 exemption at a given location, then when that renewal runs out you can't have another one until 3 years have passed. But I could be wrong, its very poorly worded, as one would expect from the EA If I am right it makes dealing with repairing tracks and hard standings considerably more complicated.

My reading of it is that an exemption lasts 3 years. You can only register the exemption once on the same holding within that 3 years. You can't unregister and then re-register within that 3 years either. But once the 3 years has expired you can register again straight away. So you will always be eligible to have the exemption. I think it's because some exemptions limit the quantity of waste you are allowed to handle within a certain time frame. They are probably trying to prevent people from registering an exemption, using up all their limits within a year, then unregistering and re-applying for another exemption straight away in order to handle even more waste.(essentially doubling or even tripling their limits in the 3 year timescale).
That's how I read it anyway.

 

[pgk]

My reading of it is that an exemption lasts 3 years. You can only register the exemption once on the same holding within that 3 years. You can't unregister and then re-register within that 3 years either. But once the 3 years has expired you can register again straight away. So you will always be eligible to have the exemption. I think it's because some exemptions limit the quantity of waste you are allowed to handle within a certain time frame. They are probably trying to prevent people from registering an exemption, using up all their limits within a year, then unregistering and re-applying for another exemption straight away in order to handle even more waste.(essentially doubling or even tripling their limits in the 3 year timescale).
That's how I read it anyway.

My first cursory reading gives me reason to believe your summary is correct. It is worded in such a way to suggest it is aimed at people trying to play the system.

 

[robs1]

If straw is considered a by product that has a use why is rubble from a building not considered a by product of the construction of a new one if you use it as a track or base for say a silage pit ?
Straw goes through two/ three processes 1 combining 2 baling 3 chopping to use as bedding, rubble goes through 1 knocking down 2 leveling , possibly a third if put through a machine to break up big bits.
I suspect as in everything these days it's how you record what you do. Never use the words waste but always use the word recycled, reused and recovered add in a bit of " more environmentally friendly" etc.

 

[Goweresque]

My reading of it is that an exemption lasts 3 years. You can only register the exemption once on the same holding within that 3 years. You can't unregister and then re-register within that 3 years either. But once the 3 years has expired you can register again straight away. So you will always be eligible to have the exemption. I think it's because some exemptions limit the quantity of waste you are allowed to handle within a certain time frame. They are probably trying to prevent people from registering an exemption, using up all their limits within a year, then unregistering and re-applying for another exemption straight away in order to handle even more waste.(essentially doubling or even tripling their limits in the 3 year timescale).
That's how I read it anyway.

I hope you're right. Because the alternative means that you can't have a U1 exemption running all the time on your farm. Why can't these people write clear plain English instead of the opaque stuff they come out with? If there was a problem with people doing what you say, surely just saying 'This exemption lasts 3 years and cannot be de-registered and then re-registered at the same address within that 3 year period' would make it clear?

 

[Goweresque]

If straw is considered a by product that has a use why is rubble from a building not considered a by product of the construction of a new one if you use it as a track or base for say a silage pit ?
Straw goes through two/ three processes 1 combining 2 baling 3 chopping to use as bedding, rubble goes through 1 knocking down 2 leveling , possibly a third if put through a machine to break up big bits.
I suspect as in everything these days it's how you record what you do. Never use the words waste but always use the word recycled, reused and recovered add in a bit of " more environmentally friendly" etc.

Rubble would fail the first of the 4 tests - there is no established market for it. No-one buys it, in fact you have to pay to have it taken away. So it can't be a by-product.

 

[Steevo]

I hope you're right. Because the alternative means that you can't have a U1 exemption running all the time on your farm. Why can't these people write clear plain English instead of the opaque stuff they come out with? If there was a problem with people doing what you say, surely just saying 'This exemption lasts 3 years and cannot be de-registered and then re-registered at the same address within that 3 year period' would make it clear?

Public bodies like things to be unclear and ambiguous - enables them to interpret as they see fit whilst also being unaccountable. They can state "the guidance is clear" and it gives more opportunity to trip innocent people up.

They're all the same.

 

[Exfarmer]

recycling

straw is a waste but is recycled either through manure or just chopped

i know several people who have made millions from recycling waste

Someone close nearby sold his waste business for in the range of £580 million

 

[pgk]

Rubble would fail the first of the 4 tests - there is no established market for it. No-one buys it, in fact you have to pay to have it taken away. So it can't be a by-product.

Is it just round here that one has to pay for hardcore, am I missing a trick?

 

[Goweresque]

Is it just round here that one has to pay for hardcore, am I missing a trick?

I've never had to pay for rubble. Road planings yes, but hardcore no.

 

[Doing it for the kids]

It’s cost effective round here to run subsoil through a system to extract any stone!

If you can get rubble FOC you are doing well