Farm Waste Regulations

The Waste Management Licensing (England and Wales) Regulations 2006 came into force in England on 15 May 2006, bringing farm-derived wastes into line with other industries.  These regulations were then included under the Environmental Permitting Regulations (England and Wales) Regulations 2010.

The regulations were introduced to satisfy the EU Waste Framework Directive and Groundwater Directive. Wastes from agricultural premises, previously excluded from the definition of ‘controlled waste’ are now regulated in the same way as other industries. 

The key issues are:

  • Burying waste and using farm dumps and tips is prohibited unless a Waste Management Licence has been obtained.  All existing tips should have ceased operation from 15 May 2006.
  • Burning non-natural waste is prohibited, including burning plastic wrap, feed bags etc.
  • Wastes can be stored on farm for a period of up to 12 months. Non-hazardous wastes can be stored for up to 3 years for recycling or recovery.
  • Waste has to be transferred to an authorised site or contractor for disposal or recycling.   Duty of Care applies. Transfer notes must be issued for each hand-over of waste.  Records must be kept demonstrating that this has occurred.
  • Farmers are able to transport waste derived from their own holdings to licensed sites without needing to become a fully registered waste carrier.
  • All records must be kept for a minimum period of two years.
  • Producers of Hazardous Waste where the annual quantity of each waste exceeds 500kg have to register with the Environment Agency and notify them of each transfer.  Hazardous waste includes waste oil, batteries and building material containing asbestos such as asbestos cement.
  • Manure and slurry are not regarded as waste if they are spread on land for agricultural benefit and not in excess.

New regulations introduced on 6 April 2010 changed the system of waste exemptions. Farm based exemptions registered before this date expired on 30 September 2013.

TABLE

Current Exemption Description New Exemption Description
4 Washing and Packaging containers T1 Cleaning, washing, spraying or coating relevant waste
5 Burning waste as a fuel U4 Burning of waste as fuel in a small appliance
7 Spreading waste on land U10 Spreading waste on agricultural land to confer benefit
8 Storage of sewage sludge S3 Storage of sewage sludge
11 Preparatory treatments for waste intended for re-use T4 Preparatory treatments (baling, shredding, sorting etc)
12 Composting biodegradable waste from agriculture T23 Aerobic composting and associated prior treatment
13 Manufacture from waste and treatment of waste soils T5 Screening and blending of waste
14 Manufacturing finished goods U9 Use of waste to manufacture finished goods
15 Beneficial use of waste U8 Use of waste for a specified purpose
16 Biobeds T32 Treating pesticide washings in a biobed or biofilter
17 Storing wastes intended for recycling or recovery in a secure place S2 Storage of wastes in a secure place
18 Storing wastes intended for recycling or recovery in a secure container S1 Storage of wastes in secure containers
19 The storage and use of building wastes from agricultural premises in construction U1 Storage of waste in construction
21 Chipping, shredding, cutting or pulverising plant matter T6 Treatment of wood and waste plant matter by chipping, shredding, cutting or pulverising
25 Spreading of dredgings and plant material cleared from Inland Waterways D1 Deposit of waste from dredging of inland waters
27 Baling, compacting, crushing, shredding (at the place of production) Non Waste Framework Directive exemption Ancillary treatment before collection at the place of production. No need to register an exemption if it is your own waste treated prior to being collected
28 Spreading ash U15 Spreading pig and poultry ash
29 Disposal, by burning, at the place of production D6 Disposal of waste by incineration
30 Burning waste in the open D7 Burning waste in the open
32 Burying waste from a  portable toilet D3 Deposit of waste from a portable toilet
36 Spreading dredgings U10 Spreading waste on agricultural land to confer benefit
37 Deposit of plant tissue D4 Deposit of plant tissue under a plant health notice
39 Storage of medicines and veterinary waste Non Waste Framework Directive exemption Temporary storage site of production. You do not need to register this exemption but you must comply with the limits.
47 Spreading milk on land U10 Spreading waste on agricultural land to confer benefit

For further information, including new exemptions please look at the following website or call 0845 603 3113 or email: [email protected]
www.gov.uk/government/publications/agricultural-waste-exemption-look-up-guide


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