If your facility is exempt from environmental permitting in England and Wales you may need to register an exemption with your regulator and comply with its conditions.
You do not need to register an exemption if you are carrying out a waste operation covered by a Non-Waste Framework Directive (NWFD) exemption or if you rely on a radioactive substances exemption order for your radioactive substances activity.
Non-Waste Framework Directive exemptions
Radioactive materials: Environment permits, registrations, authorisations and exemptions
If you have an existing waste exemption, see our guidance on what happened to your old permit, licence or exemption.
What is an exempt facility?
An exempt facility includes:
Exempt waste operations
Exempt water discharge activities
Exempt groundwater activities
Your regulator will include details of your registered exempt facility on a public register.
Who is your regulator for environmental permitting?
What is an exempt waste operation?
Waste operations are waste disposal or recovery activities, such as operating a waste transfer station or metal recycling site. They need an environmental permit unless they are exempt from environmental permitting.
An exempt waste operation is a low risk waste handling operation that must:
- be described in Schedule 3 Part 1 of the Environmental Permitting (England and Wales) Regulations 2010
Environmental Permitting (England and Wales) Regulations 2010 SI 675
- be registered unless it is a NWFD exemption
- meet general and specific conditions.
You must renew your exempt waste operation registration every three years.
Exempt waste operations are grouped into four main chapters:
Chapter 1: Use of waste
Chapter 2: Treatment of waste
Chapter 3: Disposal of waste
Chapter 4: Storage of waste.
Each exempt waste operation is set out in a standard format with:
- a letter and paragraph number to identify it, eg use of waste in construction (U1)
- a description of the exempt waste operation
- waste codes, waste types and quantity limits covered by the exempt waste operation
- specific conditions that apply to the exempt waste operation.
Exempt waste operations include:
- use of waste in construction (U1)
- recovery of scrap metal (T9)
- sorting mixed waste (T10)
- disposal by incineration (D6)
- burning waste in the open (D7)
- storage of waste in a secure place (S2).
Your exempt waste operation must not:
- pose a risk to water, air, soil, plants or animals, eg by causing water pollution
- cause a nuisance, eg noise or odour
- affect the countryside or places of special interest, eg a site of special scientific interest (SSSI).
For specific guidance on each exempt waste operation, see the Environment Agency and Defra guidance.
Environment Agency: New waste exemptions
Defra: Environmental permitting guidance on exempt waste operations (Adobe PDF - 580KB)
What is an exempt water discharge activity?
An exempt water discharge activity must:
- not be carried out as part of any other regulated facility, ie it is a stand alone water discharge activity
- be described in Schedule 3 Part 2 of the Environmental Permitting (England and Wales) Regulations 2010
Environmental Permitting (England and Wales) Regulations 2010 SI 675
- be registered and meet certain conditions
- not pollute any freshwater river, stream, watercourse, reservoir, canal, ditch, lake or pond, coastal water, estuary or territorial waters.
Exempt water discharge activities include:
- Cutting or uprooting large amounts of vegetation in or nearby any inland freshwaters (freshwater river, stream, watercourse, reservoir, canal, ditch, lake or pond). This exemption must be registered by the operator of the activity.
- Discharging 5 cubic metres or less per day of sewage effluent from a small sewage treatment plant into any inland freshwaters, coastal water, estuary or territorial water, if you meet specific conditions. This exemption must be registered by the occupier of the premises where the activity takes place.
What is an exempt groundwater activity?
An exempt groundwater activity must:
- not be carried out as part of any other regulated facility, ie it is a stand alone groundwater activity
- be described in Schedule 3 Part 3 of the Environmental Permitting (England and Wales) Regulations 2010
Environmental Permitting (England and Wales) Regulations 2010 SI 675
- be registered and meet certain conditions
- not pollute groundwater.
Exempt groundwater activities include:
- Discharging small quantities of substances for scientific purposes as part of a groundwater remediation scheme or groundwater tracer test. This exemption must be registered by the operator of the activity.
- Discharging 2 cubic metres or less per day of sewage effluent from a septic tank or sewage treatment plant into groundwater. This exemption must be registered by the occupier of the premises where the activity takes place.
What is a Non-Waste Framework Directive exemption?
You do not need to register a Non-Waste Framework Directive (NWFD) exemption with the Environment Agency. NWFD exemptions must meet the description and conditions set out in Part 3, Schedule 25 of the regulations.
NWFD exemptions include:
- storing waste temporarily for collection at the place it was produced as long as you store it in a secure place for 12 months or less
- storing waste temporarily for collection at a place controlled by the waste producer as long as you meet certain conditions
- storing waste temporarily where the waste is to be collected for recovery or disposal at another place, known as a collection point, as long as you meet certain conditions.
These exemptions also include treating waste, for example compacting or shredding waste, as long as the treatment does not change the physical, chemical or biological nature of the waste.
Environment Agency: Temporary storage of waste at the place of production
Environment Agency: Temporary storage of waste at a place controlled by the producer
Environment Agency: Temporary storage of waste at a collection point
How do you register your exemption?
The quickest and easiest way for you to register your exemption is online. You can also complete a paper application form.
Environment Agency: Register your waste exemption
Environment Agency: Register a water discharge or groundwater exemption
Does it cost anything to register your exemption?
It is free to register your exemption unless you are registering an exemption for repairing or refurbishing waste electrical or electronic equipment (WEEE).
The application fee for the WEEE exemption is £840 because the Environment Agency is required to inspect these operations annually under the WEEE Directive.
In this guideline:
What is an environmental permit?
What happened to your old permit, licence or exemption?
Who needs an environmental permit?
Who needs to register an exemption from environmental permitting?
Who is your regulator for environmental permitting?
How do you apply for an environmental permit?
What happens after you have submitted your application?
How do you comply with an environmental permit?
How do you change, transfer or cancel an environmental permit?
What happens if you don’t comply with environmental permitting?
Environmental permitting further information
Environmental permitting legislation
