Waste - our position statements

Read about where we stand on recycling issues, waste management and waste regulations. Please click on any of the following to take you to further information:

• Biowaste, composting and agriculture
• Hazardous waste
• Landfilling of waste
• Waste protocols project
• Trials of waste management activities
• Exempt activities
• Contaminated land
• Mining wastes
• Other subjects

Biowaste, composting and agriculture

• Composting and potential health effects from bioaerosols: our interim guidance for permit applicants
  We have outlined our approach to the permitting of composting activities and bioaerosols in our revised position statement dated November 2010.
  
  
• Sustainable management of biowastes
  These position statements explain our views on some of the issues concerning the developing topic of biowastes. This includes the use of Compost-Like Output (CLO) from Mechanical Biological Treatment (MBT) plants.
  
  
• Anaerobic digestion of agricultural manure and slurry (issued October 2010) (PDF, 70KB)
  This position statement updates and replaces our briefing note issued in December 2008, following changes introduced by the Environmental Permitting (England & Wales) Regulations 2010. It explains how we will set out waste regulatory controls to the anaerobic digestion of agricultural manure and slurry, and the use of the resulting digestate as a fertiliser on agricultural land in England and Wales.
  
  
• Burning biogas collected from covered slurry stores (issued July 2010) (PDF, 75KB)
  This document explains permit requirements for burning biogas that does not result from anaerobic digestion and the requirements for burning biogas that is a waste.
  
  
• Declaration of extreme weather conditions for spreading of slurry etc on agricultural land (issued November 2011) (PDF, 65KB) 
  This position statement specifies when and where extreme weather conditions have been declared.
  
  
• Using composting toilets and the resulting compost (version 1, issued August 2011) (PDF, 94KB)
  This position statement explains our approach to the use of different types of composting toilets and sets out the permitting requirements.
  
  
• Restriction on the use of gypsum and plasterboard in animal bedding (issued March 2012) (PDF, 75KB)
  There are no exemptions which allow the use of waste gypsum and waste plasterboard as animal bedding. We will not accept the use of plasterboard and waste gypsum as animal bedding until there is clear scientific evidence to demonstrate that it does not pose a risk to animals, humans and the environment from hydrogen sulphide generation.
  
  
• Spreading ash and washwaters from premises handling animal by-products (issued May 2012) (PDF, 80KB)
  This position statement sets out the measures which need to be taken to protect animal health when ashes and wash waters from premises handling animal by-products (ABP) are spread on land.

Hazardous waste 

• Agricultural premises and the Hazardous Waste Regulations 2005
  You can benefit from being exempt from needing to register as a hazardous waste producer if you meet the specified conditions, under these regulations.
  
  
• Export of waste medicines (issued July 2010) (PDF, 87KB)
  This updates our previous statement and sets out our position on organisations, for example charities, who may want to export waste medicines for use overseas.

Landfilling of wastes

• Industry code of practice on perimeter soil gas (issued July 2011) (PDF, 70KB)
  This sets out our approach to setting compliance limits in a landfill permit for methane and carbon dioxide.
  
  
• Landfilling of gypsum waste including plasterboard (updated January 2011) (PDF, 87KB)
  This explains how we regulate the landfilling of waste containing or consisting of gypsum. We are developing guidance with industry on the management of other waste containing high sulphate.

• Application of treated landfill leachate to short rotation coppice (issued February 2008) (PDF, 406KB)
  A new technique for landfill operators to manage their sites is the short rotation coppice (SRC). This is part of a landfill leachate treatment process. This note describes our approach to regulating the application of treated landfill leachate to SRC.

Waste protocols project (WPP)

• The environmental regulation of wood (updated July 2010) (PDF, 123KB)
  This statement advises our staff and external stakeholders on when we consider wood to be a waste, what regulatory controls should be followed and our recommendations to industry. The document deals with virgin timbers and non-virgin timbers. This updates our previous position on the environmental regulation of wood (version 1.0).

• End of waste criteria for the production and use of processed fuel oil (PFO) (updated August 2012) (PDF, 80KB)
  This statement provides additional information on the processed fuel oil quality protocol.

Trials of waste management activities

• Regulating trials of waste management activities (version 5, July 2012) (PDF, 96KB)
  This position statement clarifies our position on trials.

Exempt activities

• Duty to remove exemption registrations from the public register (issued November 2008) (PDF, 70KB)
  This position statement explains how we intend to carry out our duty to remove an exemption registration from our public register when we discover that the operator has failed to comply with the terms or conditions of that exemption.

• The regulation of manufactured aggregates, soils and soil substitutes produced at a site registered exempt under Paragraph 13 version 2.0 (updated July 2010) (PDF, 73KB)
  This position statement clarifies the way we regulate aggregates, soils and soil substitutes manufactured on sites registered under the paragraph 13 exemption. 

• The meaning of 'pursuant to' in exemptions U10 and U11 (version 2, August 2010) (PDF, 94KB)
  This statement is intended to clarify what types of digestate or compost can be spread to land under exemptions U10 and U11 of Schedule 3 of the Environmental Permitting (England and Wales) Regulations 2010. It has been drafted at the request of our external stakeholders.
  
  
• The meaning of 'place' under the new exemptions system (issued June 2011) (PDF,90KB) 
  This position sets out what we mean by “place” under the new waste exemption system.  It deals with our interpretation of place in relation to farms, the storage of sewage sludge and linear networks. It also explains how to register a linear network. 

Contaminated land

• Definition of Waste: Development Industry Code of Practice (version 2, updated March 2011) (PDF, 140KB)
  This note sets out how we will take account of the Definition of Waste: Development Industry Code of Practice when we take our waste regulatory decisions. This updated version was published at the same time as version 2 of the code of practice.
  
  
• Remediation position statements (issued November 2010) (PDF, 265KB)
  This sets out our regulatory position on the different technologies that can be used to remediate contaminated soil and water. It provides guidance to our staff who deal with land and water remediation and informs industry and other interested parties on how we apply risk-based regulation to the remediation of land and water contamination problems.

Mining wastes

• Regulatory Framework for the implementation of the Mining Waste Directive (version 2, December 2010) (PDF, 134KB)
  This explains to operators in England and Wales how we will implement the Mining Waste Directive (MWD), and what they need to do to ensure that their sites comply.

• Definition of Extractive Waste (updated August 2010) (PDF, 211KB)
  This sets out our interpretation of extractive waste and describes the principles we will apply in assessing whether materials arising during an extraction process are extractive waste. It only applies to England and Wales.

Other subjects

• Regulating the recovery of waste drilling muds (issued May 2012) (PDF, 80KB)
  This sets out how we regulate the treatment and recovery of waste drilling muds through an environmental permit, to ensure their impact on the environment is minimised.
  
  
• Use of recovered fuel oil in blast furnaces or coke ovens (issued July 2011) (PDF, 58KB)
  Following discussions between Defra and the European Commission, it is now apparent that if recovered fuel oil is classed as waste, the requirements of the Waste Incineration Directive also apply, in addition to those of Integrated Pollution Prevention and Control. This statement outlines our position on this.
  
  
• Use of alternative raw materials in manufacturing (issued March 2011) (PDF, 76KB)
  We support the use of waste as Alternative Raw Materials, when those wastes can be used in a way that can ensure there is no environmental impact.
  
  
• Blast Furnace Slag (BFS) as a by-product (PDF, 158KB)
  This explains our position on the status of BFS produced in the UK as air cooled blast furnace slag or ground granulated blast furnace slag.
  
  
• Clean scrap metal offcuts (issued May 2008) (PDF, 43KB)
  This advises our staff and external stakeholders on our position regarding clean scrap metal offcuts from metal manufacturing processes.
  
  
• When a motor vehicle is considered to be waste (updated February 2010) (PDF, 90KB)
  This statement sets out our view on when an abandoned, accident damaged or stolen motor vehicle is classed as waste. It replaces our earlier briefing note issued in October 2007.
  
  
• Air Curtain Incinerators (updated August 2012) (PDF, 63KB)
  This statement sets out position on the permitting and use of air curtain incinerators (ACIs), otherwise known as air curtain destructors, air curtain burners or air burners.
  
  
• Use of electronic signatures on waste management transfer notes (issued January 2010) (PDF, 63KB)
  This statement advises our staff and external stakeholders on our position regarding the use of electronic signatures on duty of care waste transfer notes.