Paragraph 45 is the scrap metal recovery exemption. It also covers the dismantling of waste motor vehicles from which any potentially polluting substances such as the oil, anti-freeze and fuel have already been removed.
What the legislation says
What the Paragraph 45 exemption permits
Scrap metal recovery activities
Paragraph 45 (1) (2) allows the types and volumes of waste listed in the table under Paragraph (2) to be recovered in the ways described in the table, at premises designed to accommodate those types of operation. The premises:
- must have the facility to control unauthorised access
- prevent the escape of any wastes, and
- working surfaces must be of a construction which capture and contain spillages.
Recovery plant must be kept in good working order. Maximum limits on the volumes of each waste that can be recovered each week at the premises are set according to type and must not be exceeded.
Storage
Paragraph 45 (3) allows wastes which are listed in the table under Paragraph (4) and which are to be recovered under the terms of this exemption or under the terms of an environmental permit, to be stored for up to 12 months. Each waste type must:
- be stored separately in a pile less than 5 metres high, and
- not exceed the volumes specified in the Table.
Mixed wastes of the type described in the table, must be sorted within two months. All wastes except fully depolluted motor vehicles must be stored on an impermeable pavement with sealed drainage. In addition, liquids and batteries must be stored in secure containers which prevents water leaking in or spilling out.
Checking procedures
Paragraph 45 (5) limits the registration of Paragraph 45 to those businesses which have a verifiable system of management checking procedures that take into account all the conditions of the exemption which must be adhered to and safeguards against the possibility of failure. The procedure and its findings must be audited each month.
The scrap metal exemption also requires annual renewal. To renew the exemption you must pay a fee, submit a plan and provide records of the types and volumes of waste recovered during the previous year which you will must have recorded monthly. The plan must show the:
- area of land covered by the notification
- site boundary
- location of the above activities within that boundary
- areas of hardstanding
- impermeable pavements
- drainage system, and
- location of battery and fluid containers.
Notice of annual renewal
Paragraph 45 (6) and (7) requires that we:
- provide a notice of the actual date of renewal at least one month in advance of the due date
- inform you of the cost of renewal and describe the means by which you can pay
- inform you of the consequences of not renewing you registration.
Storage of non-scrap waste
Paragraph 45 (8) allows waste which is not scrap metal but which was received at the scrap metal processing premises as part of a consignment of permitted waste, to be stored there securely for up to three months. If by weight, the non-scrap waste forms more that 30% of motor vehicle waste or 5% of any other waste listed under Paragraph (4), it should not be accepted at the site.
The non-scrap waste must be capable of being hand sorted and stored on a sealed surface which can capture and contain spillages. Store all liquids in containers.
Definition of terms
Paragraph 45 (9) explains the meaning of 'shearing' and 'depolluted' as used in the exemption. 'Waste motor vehicle' is explained in Schedule 11 as a motor vehicle that is waste.
Example of an activity that is suitable for registration under a Paragraph 45 exemption
As part of his scrap metal recovery business, an operator takes in end of life vehicles which have previously been treated to remove all of their polluting substances.
Provided that the operator is able to comply with all other limits of the exemption, this activity is suitable for registration as a Paragraph 45 exemption.
Example of an activity that is not suitable for registration under a Paragraph 45 exemption
An exempt scrap metal operator intends to extend his operation to include the receipt and sorting of a wider range of general wastes.
The receipt of a limited volume of non-scrap metal wastes under a Paragraph 45 exemption is only permitted if wastes are a component of the scrap metal waste. The exemption does not include the acceptance of unrelated general wastes. This type of general transfer operation usually requires a permit
Questions and answers
The following section covers questions you may still have regarding the Paragraph 45 exemption.
Q. Paragraph 45 (1) allows motor vehicles to be dismantled, rebuilt, restored and reconditioned but only if they are depolluted. What does this mean?
A. Scrap motor vehicles can only be recovered under this exemption in the ways described if have been depolluted by removal of the following fluids and components:
- batteries
- LPG tanks
- airbags/seats
- belt pre-tentioners
- mercury containing components and 98% of each drained fluid.
The depollution of scrap motor vehicles can only be permitted by the holder and operator of an ELV (End of Life Vehicle) permit. To find out more about ELV permits, use the following link:
Q. I understand that I must re-register this exemption every 12 months. Will you remind me when my renewal is due?
A. Yes, we remind you that your registration is due for renewal at least one month before it is due to expire.
Q. If I forget to renew the registration after twelve months, what happens?
A. If you have not renewed your registration within two months of the expiry date of the previous registration, the activity is removed from the public register. If you continue to operate whilst the activity is unregistered, you are operating illegally and may be prosecuted.
Who do I speak to if I want a notification form to be sent to me by post, or if I still have a query about this exemption that is not covered here?
For general enquires or to request a notification by post, please telephone our National Customer Contact Centre on 0370 8506506. If our advisors are unable to answer your question, they may pass you to someone in our area offices who will assist with more technical enquiries.
If you think that you meet the requirements of a Paragraph 45 exemption and wish to proceed with the registration, please use the forms below:
Do not try and use these forms to notify a new site. They can now only be used to renew an existing exemption.
