Paragraph 9 Land reclamation or improvement
Subject to sub-paragraph (3)—
spreading a kind of waste specified in column 2 of Part 1 of the Table in sub-paragraph (2) from the corresponding source specified in column 1 of Part 1 of that Table on any land; or
spreading a kind of waste specified in column 2 of Part 2 of the Table in sub-paragraph (2) from the corresponding source specified in column 1 of Part 2 of that Table on any land where that operation results in benefit to agriculture or ecological improvement.
The Table referred to in sub-paragraph (1) is set out below.
| Column 1 | Column 2 |
|---|---|
| Source of Waste | Kind of Waste |
| PART 1 | |
| Wastes from physical and chemical processing of non-metalliferous minerals | Waste gravel and crushed rocks Waste sand and clays |
| Wastes from sugar processing | Soil from cleaning and washing beet |
| Wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use) | Pulverised fuel ash, bottom ash and slag |
| Wastes from manufacture of ceramic goods, bricks, tiles and construction products | Waste ceramics, bricks, tiles and construction products (after thermal processing) |
| Wastes from manufacture of cement, lime and plaster and articles and products made from them | Waste concrete and concrete sludge |
| Concrete, bricks, tiles and ceramics | Bricks Tiles and ceramics Mixtures of concrete, bricks, tiles and ceramics |
| Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, palletising) not otherwise specified | Minerals (for example sand, stones) |
| Wastes from soil and groundwater remediation | Solid wastes from soil remediation (other than those containing dangerous substances) |
| Garden and park wastes (including cemetery waste) | Soil and stones |
| Soil (including excavated soil from contaminated sites), stones and dredging spoil | Track ballast other than those containing dangerous substances |
| PART 2 | |
| Wastes from pulp, paper and cardboard production and processing | De-inked paper sludge and de-inked paper pulp Lime mud waste |
| Soil (including excavated soil from contaminated sites), stones and dredging spoil | Soil and stones other than those containing dangerous substances Dredging spoil other than those containing dangerous substances |
| Wastes from aerobic treatment of solid wastes | Compost |
| Wastes from waste water treatment plants | Sludges from treatment of urban waste water |
| Wastes from the preparation of water intended for human consumption or water for industrial use | Sludges from water clarification |
| Wastes from soil and groundwater remediation | Sludges from soil remediation (other than those containing dangerous substances) |
An operation does not fall within sub-paragraph (1) unless—
the waste is spread for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man-made development, and the use to which that land could be put would be improved by the spreading;
the waste is spread in accordance with any requirement of or under the Town and Country Planning Act 1990f1;
the waste is spread to a depth not exceeding the lesser of—
2 metres, or
the final cross-sections shown on any plan submitted under paragraph 8 of Schedule 2; and
no more than 20,000 cubic metres of waste are spread per hectare.
Secure storage for a period not exceeding 6 months, at the place where it is to be spread, of waste intended to be spread in reliance on sub-paragraph (1).
Annotations
Footnotes
- f1