# The Environmental Permitting (England and Wales) Regulations 2010, Paragraph 1: Use of waste in construction (U1)


(1) The use of relevant waste in construction.
(2) The tables specifying relevant waste for the purposes of this paragraph are set out below.
Table 1
Codes
Waste types
Quantity limit
Additional specific conditions
010102
Waste from mineral non-metalliferous excavation
5,000 tonnes
010408
Waste gravel and crushed rock other than those mentioned in 010407
010409
Waste sand and clays
020202
Shellfish shells from which the soft tissue or flesh has been removed only
101208
Waste ceramics, bricks, tiles and construction products (after thermal processing)
101314
Waste concrete and concrete sludge
170101
Concrete
170102
Bricks
170103
Tiles and ceramics
170107
Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106
170506
Dredging spoil other than those mentioned in 170505
A
170508
Track ballast other than those mentioned in 170507
191205
Glass
191209
Minerals (for example sand, stones)
191212
Aggregates only
Table 2
Codes
Waste types
Quantity limit
Additional specific conditions
020399, 020401
Soil from cleaning and washing fruit and vegetables only
1,000 tonnes
170302
Bituminous mixtures other than those mentioned in 170301
B
170504
Soil and stones other than those mentioned in 170503
170506
Dredging spoil other than those mentioned in 170505
191302
Solid wastes from soil remediation other than those mentioned in 191301
200202
Soil and stones
020103
Plant tissue waste
B
030101
Waste bark, cork and wood only
B
191207
Untreated wood other than those mentioned in 191206 only
B
200138
Untreated wood other than those mentioned in 200137 only
B
Table 3
Codes
Waste types
Quantity limits
Additional specific conditions
170302
Bituminous mixtures other than those mentioned in 170301
50,000 tonnes
C
170504
Road sub base only
C
(3) For the purposes of this paragraph, the specific conditions are that—
(a) where the relevant waste falls within the first column of a table in sub-paragraph (2), the total quantity of waste used or stored over any 3-year period does not exceed the limit indicated in the third column of that table;
(b) where one or more waste type falling within the first column of any one table in sub-paragraph (2) is used or stored, the total quantity for all the waste types used or stored does not exceed the limit indicated in the third column of that table over any 3-year period;
(c) no waste is stored for longer than 12 months prior to use; and
(d) the operation complies with such of the following additional conditions as are specified in the fourth column of the table and for these purposes—
A
the waste is used only for drainage work carried on for the purposes of the Land Drainage Act 1991, the 1991 Act or the 1995 Act,
B
the waste is used only for the construction of tracks, paths, bridleways or car parks and must be processed into chipped form prior to use,
C
the waste is used only for the construction of roads.

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111491423/schedule/3/part/1/chapter/2/crossheading/descriptions-and-specific-conditions/paragraph/1 (the official version)
Page: https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2010/schedule-3/part-1/chapter-2/crossheading-descriptions-and-specific-conditions/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.