U1 waste exemption: use of waste in construction

Construction means building or engineering work - including including:

• repairing, altering, maintaining or improving existing work and
• preparatory or landscaping work.
  work

LandYou reclamationcan is only allowedlandscape or reclaim land when it is an integral part of the construction activity.

Types of activity you can carry out

These include:

• using crushed bricks, concrete, rocks and aggregate to create a noise bund around a new development and then using soil to landscape the area
• using road planings and rubble to build a track, path or bridleway
• using woodchip to construct a track, path or bridleway
• bringing in soil from somewhere else to use in landscaping at housing developmentsdevelopments, or as part of another construction activity

Types of activity you cannot carry out

You cannot:

• treat waste to make it suitable to use -– see relatedthe exemptionssection T5,on T6‘related and T7 (you need to register T7 with your local authority), for treatment optionsexemptions’
• disposeuse of waste by using waste that is unsuitablephysically or bychemically usingunsuitable
• use more waste than isyou needed.need You– needyou tomust be able to justify the amount needed
• use waste for landscaping or land reclamation,reclamation forif exampleit byis not integral to a construction activity (such as infilling a hollowhollow) or if it is disproportionate in scale to the construction activity
• register or renew this exemption more than once at the same place for 3 years after registrationthe end of the first registration, other than for the purpose of repairing, altering, maintaining or improving existing work – ‘altering’ and ‘improving’ here means making relatively small but purposeful changes to the construction scheme
• de-register and then renewregister this exemption at the same place within a 3 year period
• store the waste for longer than 12 months before you use it

Using more waste than your exemption allows

You must get an environmental permit if you need to use more waste than you are allowed under this exemption.

Check if you can meet the criteria for the standard rules permit SR2015 no 39: use of waste in a deposit for recovery operations. When you apply you must provide a waste recovery plan.

You can apply for a bespoke permit if you cannot meet the conditions of the standard rules permit. Check the guidance on deposit for recovery operators: environmental permits.

Types of waste you can use

The types of waste types you can use under this exemption haveare been grouped together into 5 tables. These show the maximum quantities you can use and conditions for using the specificplaces typesyou ofcan waste.use them.

TheYou wastecan codesuse area thosecombination listedof inwastes thefrom Listeach of Wastesthe (LoW)tables, Regulations.subject Youto needthe tospecified restrictions, provided you do not exceed the limits for each table.

You must make sure your waste fits within the waste code and the description in the table.

For any type of construction

You can use up to a total of 5,000 tonnes of the waste from this list for any type of construction:

Within

For thedrainage 5,000work

Drainage tonnesauthorities, total,such theas wasteInternal describedDrainage belowBoards, canlocal onlyauthorities beor used for drainage work carried out under the LandEnvironment DrainageAgency, Actcan 1991,use theup Waterto Resources5,000 Acttonnes 1991of ornon-hazardous thedredging Environmentspoil Actfor 1995.drainage work. This is work thatmust can be carried out onlyin byaccordance drainagewith authoritiesany suchflood asrisk Inlandactivity Drainagepermit Boards,and localrelevant authorities or the Environment Agency:legislation.

For construction

You can use up to a total of 1,000 tonnes over any 3 year period of the waste in this listtable for construction:construction.

Within

For thetracks, 1,000paths, tonnesbridleways total,or youcar parks

You can only use up to 1,000 tonnes of the waste belowlisted in the table to build tracks, paths, bridleways or car parks. The waste must be processed into chips before you use it:it.

For roads

You can use up to a50,000 totaltonnes ofin 50,000any tonnes3 year period of the waste in this listtable for building roadsroads. only. The road should be constructed to a specific engineering standard and have a sealed surface in order to qualify for this larger limit:limit.

You may use a combination of wastes from each of the tables, provided you do not exceed the limits for each table.

What else you may need with a U1 exemption

As well as registering this exemption, you may also need to comply with other legislation. This could include:

• planning permission
• an environmental permit

If you arepropose building in the floodplain or near ana ordinary watercourse, you must contact your lead local flood authority (county(county council,council or unitary authority), or Internal Drainage Board)Board and the Environment Agency.

Do this before you start to discuss whether you need any consent other than planning permissionpermission.

You is needed. This exemption can beoperate carriedunder outthis exemption along a linear‘linear placeplace’ such as a highway.

The guidance on Guidance:the meaning of ‘place’ forin athe linearwaste siteexemption system gives examples of when the Environment Agency will accept linear arrangements for use of waste in construction under U1. It includes different tonnage limits.

Related exemptions

These are related exemptions where you can use or treat waste:

• U8: using waste for a specified purpose

• T5: screening and blending of waste

• T6 treating waste wood and waste plant matter by chipping, shredding, cutting or pulverising

• T7: treating waste bricks, tiles and concrete by crushing, grinding or reducing size (you need to register this with your local authority)

Using more waste than your exemption allows

If you need to use more waste than you are allowed under this exemption, you will need to apply for an environmental permit. Standard rules permits are available for using waste in construction not covered by this exemption:

Standard permits for waste operations

Register a U1 exemption