What the legislation says
29 (1) Burning waste at the place where it is produced, by the person producing it in any of the following plants with a capacity of less than 50kg per hour:
(a) an excluded plant within section 5.1 of Part 2 of Schedule 1;
(b) any other incinerator not being used to incinerate clinical waste, sewage sludge, sewage screenings or municipal waste.
29 (2) Secure storage at the place of that waste if it is intended to submit it to such burning.
What this means
Paragraph 29 (1) (a-b) allows an exempt incinerator to be used by a person burning their own waste at the same premises. Many incinerators require a permit to operate and if you are unsure, check first with us and then your local authority to whether your incinerator is exempt.
Paragraph 29 (2) allows secure storage of waste at the same place where it is burnt.
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 29 (1) (a-b)
Q. What can you do?
A. You can burn waste generated by yourself in an exempt incinerator. The requirements of the Waste Incineration Directive (WID) restrict the waste types you can burn without the need for an environmental permit as a Waste Incineration or Co-incineration installation. To benefit from this exemption your incinerator should burn only wastes excluded from the requirements of WID these are:
(i) vegetable waste from agriculture and forestry,
(ii) vegetable waste from the food processing industry, if the heat generated is recovered,
(iii) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered,
(iv) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste,
(v) cork waste,
(vi) radioactive waste,
(vii) animal carcasses as regulated by Directive 90/667/EEC without prejudice to its future amendments,
(viii) waste resulting from the exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installation.
For example, you could burn wood waste that has not been treated with wood preservatives or coatings containing halogenated organic compounds or heavy metals. (Please note most construction and demolition wood is likely to have been treated with paints etc that contain organic compounds or heavy metals).
Q. Who can do it?
A. Anyone who wishes to burn waste that they have produced and who has registered a Paragraph 29 exemption with us. If the incinerator needs a permit to operate you do not need to register this activity as an exemption. You should check this before registering.
Q. Where can you do it?
A. At the place or places which you identify when you register the exemption which must be the place where the waste was generated.
Q. What is meant by an excluded plant?
A. Generally, it is a plant that is incapable of burning at a rate which is greater than 50kg per hour and is listed as excluded under Section 5.1 of Schedule 1 to the Environmental Permitting (England and Wales) Regulation 2007.
Q. Are you permitted to burn any type of waste?
A. No, exempt incinerators cannot burn any waste that is subject to the requirements of WID. You may only burn wastes excluded from the requirements of WID.
Paragraph 29 (2)
Q. What can I store?
A. You can store waste that you intend to burn under the terms of the Paragraph 29 (1).
Q. Where can I store it?
A. At the place where it is to be burned which must also be capable of preventing its escape and controlling public access.
Examples of activities which are suitable for registration under a Paragraph 29 (1 - 2) exemption:
- A joinery firm produces off-cuts of clean untreated wood waste which it burns in a purpose-built incinerator with a design capacity of 49 kg/hr.
The burning of the waste wood can be registered as a Paragraph 29 exemption.
Examples of activities that are not suitable for registration under a Paragraph 29 (1 - 2) exemption:
- A building firm brings timber off-cuts back to its depot to feed into an incinerator with a design capacity of 49kg/hr.
The burning of the off-cuts in the incinerator is not covered by the Paragraph 29 exemption as the waste will not be burnt at the place of production.
- A company burns the plastic packaging that is produced on its own premises, in an incinerator with a burn capacity of less that 39kg/hr.
The burning of plastic in an incinerator is covered by other legislation and cannot be registered as a Paragraph 29 exemption.
