The recovery of scrap metal or the dismantling of depolluted end-of-life vehicles - paragraph 45 exemption

A paragraph 45 exemption allows the recovery of scrap metal or the dismantling of depolluted end-of-life vehicles and storage of these wastes at any secure place. It also allows the temporary storage of non-scrap waste which has been received as part of a consignment of scrap metal or depolluted end-of-life vehicles.

Waste stream(s) permitted

Scrap metal and de-polluted end of life vehicles specified in Tables 9 and 10 of Schedule 2, Part 1 of the Regulations:

Kind of waste Activities 7 day limit (tonnes) Maximum total storage quantity (tonnes) Maximum storage period (months)
Ferrous metals or ferrous alloys in metallic non-dispersible form (but not turnings, shavings or chippings of those metals or alloys) Sorting; grading; baling; shearing1 by manual feed; compacting; crushing; cutting by hand-held equipment 8,000 50,000 12
The following non-ferrous metals, namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non-dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys) Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment 400 1,500 12

Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories

Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment

300 1,000 12

Depolluted end of life vehicles and their components

Dismantling and selling depolluted components 7 day limit not applicable 40 vehicles 12

Storage and location

The storage must be for waste which is to be submitted to any of the activities specified in the above table or to a recycling or reclamation operation authorised by a waste management licence or, an authorisation under the Industrial Pollution Control Order or a permit under the 2003 Regulations.

Each kind of waste must be either stored separately or kept in separate containers, (but in the case where a consignment of more than one kind of waste is delivered to that place, it may be stored un-separated at that place pending sorting, for a period not exceeding 2 months).

No waste may be stored at the site for a period exceeding 12 months.

Liquid waste must be stored in a secure container.

Depolluted vehicles must be stored on a hardstanding or an impermeable pavement.

The height of any pile or stack being stored must not exceed 5 metres.

Additional conditions

Only depolluted end-of-life vehicles are permitted on the site.

The activity must be carried on with a view to the recovery of the waste (whether or not by the person carrying on the activity).

Every part of the site, except where depolluted vehicles are stored, must be surfaced with an impermeable pavement.

The plant or equipment used in the carrying on the activity must be maintained in reasonable working order.

The Paragraph 45 exemption can only apply to the carrying on of an activity at a place if the person responsible for the management of that place has established administrative arrangements to ensure that:–

  • no waste must be accepted in such a quantity as would breach any of the terms and conditions of the Paragraph 45 exemption
  • records are maintained which show, for each month, the total quantity of each kind of waste recovered during the preceding 12 months

Storage of non-scrap waste

The temporary storage, pending its collection, of non-scrap waste, at a secure place used for the recovery of scrap metal or the dismantling of depolluted waste vehicles where the waste was received as part of a consignment e.g. glass, seat-belts etc.

Waste stream(s) permitted

Non-scrap waste received as part of a consignment of scrap metal and non-depolluted vehicles where the non-scrap waste is not of a kind listed above (Tables 9 and 10).

Storage and location

The non-scrap waste must not be stored at that place for more than 3 months.

Liquid non-scrap waste must be stored in a secure container.

Non-scrap waste or the container in which the non-scrap waste is stored must be stored on an impermeable pavement.

Additional conditions

The non scrap waste must be received as part of a consignment of waste of which –

  • at least 70% by weight was waste consisting of waste motor vehicles; or
  • at least 95% by weight was waste of any kind described in Tables 9 and 10 other than waste motor vehicles, and is capable of being separated from that waste by sorting or hand dismantling

Interpretation

  1. “shearing” means the cold cutting of metal by purpose-made shears.

What the legislation says

The full wording of the paragraph 45 exemption can be found in Schedule 2 of the Waste Management Licensing Regulations (Northern Ireland) 2003 (as amended).

Relevant Objectives in relation to the disposal or recovery of waste are given in paragraph 4 of Schedule 3 to the Regulations.

If you think that you can meet the requirements of the paragraph 45 exemption and wish to proceed with the registration please contact:-

Forms and guidance

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