What the legislation says
25 (1) Deposit of waste arising from dredging inland waters, or from clearing plant matter from inland waters, if:
(a) the waste is deposited along the bank or towpath of:
(i) the waters where the dredging or clearing takes place by the establishment or undertaking producing it, or
(ii) any inland waters so as to result in benefit to agriculture or ecological improvement;
(b) the total amount of waste so deposited on any day does not exceed 50 tonnes for each metre of the bank or towpath along which it is deposited; and
(c) the waste is not deposited in a container or lagoon.
25 (2) Treatment by screening or dewatering of such waste:
(a) on the bank or towpath of the waters where either the dredging or clearing takes place or the waste is to be deposited, prior to the deposit;
(b) on the bank or towpath of the waters where the dredging or clearing takes place, or at a place where the waste is to be spread, prior to its being spread as an exempt waste operation falling within paragraph 7(1) or 7(2); or
(c) in the case of waste from dredging, on the bank or towpath of the water where the dredging takes place, or at a place where the waste is to be spread, prior to its being spread as an exempt waste operation falling within paragraph 9(1)
What this means
Paragraph 25 (1) (a - c) allows 50 tonnes per metre per day of non hazardous waste from the dredging or clearing of waterways to be deposited progressively, as the work proceeds, along the same stretch of bank or towpath. Other banks and towpaths can be used to deposit the waste if the deposit will be a benefit to ecology or agriculture but the waste may not be disposed of into a lagoon or container.
Paragraph (2) (a - c) allows the dredgings and plant matter waste to be treated by screening and dewatering at the place it arose or where it will be deposited under the terms of paragraph 25 (1) of this exemption or where it is to be spread under the terms of exemptions 7(1) or (2) or 9 (1).
Please note:
This exemption allows you to deposit dredgings along all inland waters, however on main rivers our consent will often be required for the dredging and subsequent deposition under Regional Flood Defence Bylaws. If you are proposing to carry out dredging work on a main river or are unsure of whether local by-laws apply, please contact our local office before commencing the operations.
Any dredging activity would need to take account of protected species or habitats, including water voles, cray fish and certain fish species amongst others. It is the responsibility of the individual carrying out the works to have checked for the potential presence of protected species and habitats before carrying out the activity. Disturbance to a protected species could result in legal action against the individual, company or organisation.
Questions and answers
We have provided the following questions and answers to help you understand if this exemption covers the type of activity that you wish to undertake.
Paragraph 25 (1) (a - c)
Q. What can I do?
A. You can deposit waste arising from dredging or plant clearance of inland waterways provided that the waste is not so heavily contaminated that it would be either classified as hazardous or would cause the build up of significant levels of potentially toxic elements in the soil. Dredgings from areas which are highly industrialised or which are contaminated from previous or current uses, may well possess these characteristics. You need to check this before you spread the waste. Some dredging activities may also have an impact on flood risk. In these circumstances you also need to check whether a land drainage consent and approval from us is required.
If you are depositing dredgings and plant clearance waste under a Paragraph 25 (1) exemption, you are restricted to 50 tonnes per running metre of the bank or towpath, per day and you must do so progressively as the work proceeds. You may not hold or dispose of the waste in a container or lagoon and waste can only be deposited along the banks of the watercourse from where it came by the operator doing the dredging or weed clearing.
Q. Who can do it?
A. Any company, organisation or individual that registers with us, an activity that is exempt under paragraph 25. By individuals we mean those acting in a business capacity, such as a sole trader. The law does not require an individual acting in a personal capacity to register an exemption.
Q. Where can I deposit the waste?
A. You can deposit the waste along the same banks or towpaths from where it was removed if it is both non hazardous and will not cause the build up of potentially toxic elements in the soil, or along other banks and towpaths if its deposit there will be of benefit to agriculture or ecology. If you are depositing the dredgings and clearance waste along other banks because you believe the deposit will be of benefit to agriculture or ecology, you should have gathered sufficient evidence to satisfy yourself that this is the case. This should include but not be limited to, an analysis of the likely contaminants in the dredgings and the nutrient status of both the dredgings and the land where it will be spread. You also need to take into account the sensitivity of the area, for instance is it situated in a nitrate sensitive zone or in a source protection area? Does the site have an environmental designation such as SSSI, SPA, SAC or AoNB etc?
Q. What is meant by the bank?
A. The bank is the stretch of land which runs alongside and immediately adjacent to the waterway. The bank does not include meadows and fields adjacent to the bank.
Q. What it meant by an inland water?
A. An inland water is any body of water both natural and artificial.
Q. What is the maximum length of bank or towpath along which dredgings can be spread as a single registration?
A. No limit is specified but it is normal for each registration to link to a planned programme of work. When you notify us of your paragraph 25 exemption, you should ensure that the distance it covers is not so great that it prejudices your ability to undertake the work without causing pollution and that you can still prove ecological benefit of the whole stretch, where applicable. It would not be appropriate for a single registration to be used to cover the whole watercourse.
Paragraph 25 (2)
Q. What can I do?
A. You can pre treat dredgings and plant clearance waste by screening and dewatering, if the waste is to be deposited under the terms of Paragraph 25, 7 (1) & (2) and 9 (1) exemptions.
Q. Who can do it?
A. Any organisation or person that registers a Paragraph 25 (5) exemption with us.
Q. Where can I do it?
A. At the location you identify when you register the exemption which can be either the place where the waste was generated or where the waste will be deposited or spread under Paragraph 25, 7 or 9 exemptions.
Example of an activity which is suitable for registration under a Paragraph 25 (1-5) exemption:
- A contractor is involved in the clearing of silt and plant matter from sections of canal and depositing the waste along the same stretch. The dredgings have been analysed by the contractor and are non hazardous.
Register the deposit as a Paragraph 25 (1) exemption.
Examples of activities which are not suitable for registration under a Paragraph 25 (1-5) exemption
- A local authority wishes to dredge a lake to improve the water quality and increase the recreational appeal of the area. The dredgings are to be spread on fields adjacent as a means of recovery.
The deposit of the dredging at a place remote from a stretch of inland water is not covered by the Paragraph 25 exemption. The deposit or spreading of the dredging waste may be covered by Paragraph 7 or Paragraph 9 exemptions.
- An organisation intends to spread dredging waste along a separate area of a waterway but analysis of both the dredgings and the receiving soil show abnormally high levels of some phytotoxic metals.
The spreading of the waste would not be covered by the Paragraph 25 exemption as it would not result in ecological improvement and may even be detrimental.
