What the legislation says
15 (1) Subject to sub-paragraph (3), the beneficial use of waste if -
(a) the waste is put to that use without further treatment; and
(b) that use does not involve the disposal of the waste.
15 (2) Storing waste intended to be used for such beneficial use to the extent that the storage does not amount to disposal of the waste.
15 (3) An operation does not fall within this paragraph if it falls within a description in paragraph 7, 9, 10, 11, 19 or 25.
What this means
Paragraph 15 (1) (a - b) allows waste items and materials to be put to use without further treatment provided their use does not also involve their disposal. Although paragraph 15 does not specify a maximum amount of waste that can be used under the exemption, you can only use the amount of waste that results in benefit. If you use more waste than is reasonably needed to obtain the intended benefit you are likely to be disposing of that extra waste which this exemption does not allow.
Paragraph 15 (2) allows storage of the recovered objects and materials prior to them being put back into use.
Paragraph 15 (3) prevents this exemption being used where the type of activity is already covered by other exemptions with restricted limits. For instance if what you intend to do is already covered by one of these other exemptions, i.e. Paragraphs 7, 9, 10, 11, 19 or 25 then the Paragraph 15 exemption do not apply and you cannot use Paragraph 15 as a way of avoiding the restrictions of those exemptions. You must first check if these exemptions apply to the activity that you wish to undertake. If they do then Paragraph 15 can not apply. More help on this is given below.
Questions and answers
The following section may cover questions you still have regarding the Paragraph 15 exemption.
Q. Can you give me examples of the type of activities that are covered by a Paragraph 15 exemption?
A. The types of Paragraph 15 activities that are registered are the use of:
- donated paint and wallpaper etc in teaching establishments
- de-polluted scrap cars for training purposes by organisations such as the fire service
- tyres as compost clamps.
In each of these examples the waste has been used in its existing state, it did not require any form of treatment or preparation. If your activity is not covered in these examples you may want to check with us that it is suitable for registration under this exemption.
Q. Can you give specific examples of waste activities that are a beneficial use but which would not be permissible under a Paragraph 15 exemption and explain why?
A. These would be types of waste activities allowed under Paragraphs 7, 9, 10, 19 and 25 that place specific restrictions on the types or volumes of waste that can be used. For instance, Paragraph 7 exemption allows treatment of land with certain wastes.
Because treatment of land is a Paragraph 7 activity it cannot also be a paragraph 15 exemption even if the use of the waste would be beneficial. Similarly, Paragraph 19 covers waste used in construction work which excludes this type of activity being registered as a Paragraph 15. If activities covered under other exemptions could be registered under Paragraph 15 as an alternative:
- the effect would be to make those exemptions redundant
- their specified controls would be lost, and
- there would be an increased risk to the environment.
Q. What can I do to check whether my proposed activity should not be registered as a Paragraph 15 because it is covered by another exemption?
A. Before you notify us of an activity under paragraph 15, make sure you have read through those other exemptions which deal with the type of activity you wish to undertake. If another exemption covers the type of activity you want to undertake but excludes the specific waste you want to use or does not permit the volume of waste you wish to use, then you will probably need a licence or permit to carry out the activity.
Q. How long will the registration last? Will it require renewal at any time?
A. The registration of a Paragraph 15 exemption is not time limited. You do not have to renew it unless there is a significant change to what you do and the information you provided as part of the assessment no longer applies.
Q. Who do I speak to if I want a notification form to be sent to me by post or if I still have a query about this exemption that is not covered here?
A. For general enquires or to request a notification by post, you should phone our National Customer Contact Centre on 0370 8506506. If our advisors cannot answer your question, they may pass you to someone in our area offices who can assist with more technical enquiries and who are familiar with the place where your exemption is located.
