Paragraph 38 exemption

Find out what paragraph 38 legislation says and what it means

What the legislation says

38. Depositing or storing samples of waste, including samples of waste which is hazardous waste, at any place where they are being or are to be tested or analysed, if the samples do not exceed 10 tonnes and are taken:

(a) in the exercise of any power under -
(i) the Radioactive Substances Act 1993
(ii) The Control of Pollution Act 1974
(iii) The 1990 Act
(iv) The 1991 Act, or
(v) The Water Industry Act 1991;

(b) by or on behalf of the holder of an environmental permit;

(c) by or on behalf of a person carrying on in relation to the waste -
(i) an operation described in this Part, or
(ii) an excluded waste operation;

(d) by or on behalf of the owner or occupier of the land from which the samples are taken;

(e) by or on behalf of any person to whom section 34(1) of the 1990 Act applies in connection with his duties under that section; or

(f) for the purposes of research

What this means

Paragraph 38 (a - f) allows up to 10 tonnes of waste samples to be deposited and stored at the place where they are to be tested or analysed. The exemption includes all those who may need to take waste samples as part of their legislative obligations or those needing to take samples for the purposes of research.

Questions and answers

We have provided the following questions and answers to help you understand if this exemption applies to the type of activity that you wish to undertake.

Q. What can you do?
A. You can deposit and store up to ten tonnes of waste samples.

Q. Who can do it?
A. Anyone who has registered a Paragraph 38 exemption with us and is acting in one of those circumstances listed in the exemption.

Q. Where can you deposit and store the waste samples?
A. At the place or places you identify when you register the exemption which must also be the same place where the samples are to be tested or sampled.

Q. What types of waste are covered by this exemption?
A. Any type of waste including hazardous wastes, that has been or is to be sampled for testing or analysis.

Example of an activity that is not suitable for registration under a Paragraph 38 (a - f) exemption:

A company wishes to spread waste on test strips of agricultural land as a trial for the purposes of research.
The activity cannot be registered as a Paragraph 38 exemption as it covers the storage of samples that are to be analysed and tested and not the deposit of waste as part of a trial.

Example of an activity that is suitable for registration under a Paragraph 38 (a - f) exemption: