What the legislation says
4 (1) Subject to sub-paragraph (2), cleaning, washing, spraying or coating of waste consisting of packaging or containers so that it or they can be reused if the total quantity of such waste so dealt with at any place does not exceed 1,000 tonnes in any period of seven days.
4 (2) An operation does not fall within this paragraph if the cleaning, washing, spraying or coating falls within Part B of Section 6.4 (coating activities and printing) of Part 2 of Schedule 1.
4 (3) Storing waste in connection with the carrying on of an operation described in sub-paragraph (1) at the place where the activity is carried on unless:
a. the total quantity of such waste stored at that place exceeds 1,000 tonnes; or
b. more that 1 tonne of metal containers used for the transport or storage of any chemical are dealt with in any period of seven days.
What this means
4 (1) allows up to 1,000 tonnes per week of used packaging to be cleaned and prepared for re-use.
4 (2) excludes from this exemption any activity of this type which needs to be registered by the Local Authority because it is listed in Part B of Section 6.4 of the Environmental Permitting Regulations. If you are unsure, check this first using the link on the left hand side of the page.
4 (3) allows the used packaging to be stored prior to it being cleaned, washed, sprayed or coated. Up to 1,000 tonnes of packaging or containers can be stored but there is a limit of 1 tonne per week for waste chemical containers that are metal.
Questions and answers
We have provided the following questions and answers to help you further understand if this exemption covers the activity that you wish to undertake.
Paragraph 4 (1)
Q What can you do?
A. You can restore whole, used packaging items for re-use by cleaning, washing, spraying or coating them.
Q. Who can do it?
A. Any company, organisation or individual who has registered with us, an activity that is exempt under Paragraph 4. By individuals we mean those acting in a business capacity, such as a sole trader. The law does not require an individual acting in a personal capacity to register an exemption.
Q. Where can you do it?
A. At the place or places you identify when you register this exemption.
Paragraph 4 (2)
Q. What can you do?
A. Some activities of this type require Local Authority authorisation. For instance if you use more than 20 tonnes of paint per year for coating used containers, the activity would fall under Local Authority control. Check this first before you notify us of this exemption. If your activity requires Local authority authorisation, registration with us will not exempt you from this requirement.
Paragraph 4 (3)
Q. What can you do?
A. You can store up to 1000 tonnes of packaging prior to treatment but only 1 tonne of untreated, metal containers that have been used for the transport or storage of non hazardous chemicals.
Q Where can you store it?
A. Only at the place where the packaging is to be treated.
Examples of activities that are not suitable for registration under a Paragraph 4 (1) (2) exemption
An operator wishes to wash and shred plastic packaging for the purpose of recycling.
- The shredding of plastic packaging is not permitted by this exemption.
- The activity may be permissible as a Paragraph 11 exemption.
An electroplating company wishes to clean used, chemical drums prior to crushing them and sending them for disposal.
- The washing of containers which are to be sent for disposal is not covered by this exemption.
A company provides a collection service for used chemical drums which it cleans, dries and resells. The service does not exclude drums that may contain hazardous residues.
- The activity is not suitable for registration as a Paragraph 4 exemption as the exemption does not apply to hazardous wastes.
- The activity is likely to require a permit.
Example of an activity that is suitable for registration under a Paragraph 4 (1) (2) exemption
A company prepares nominally empty packaging items which held food, detergents or non hazardous industrial wastes, for re-sale by washing and cleaning.
- The company should apply for the Paragraph 4 exemption if the quantity limits can be met.
Have you read and understood what you can and cannot do under this exemption?
Do you think you meet the requirements of the Paragraph 4 exemption and wish to proceed with your registration? You need to be confident that you understand and can comply with the terms of the exemption before you apply.
Yes
You can post your completed form back to us, or email it to Environment Agency entering 'Exemption' or Exemptions' in the subject box.
Alternatively you can request a form in the post or register your exempt activity over the phone by calling our National Customer Contact Centre on 08708 506506.
No
Use the links on the left of your screen to return to the full list of simple exemptions.
Note
If you are a farmer wishing to register this activity using agricultural waste please use the specific guidance and registration forms for agricultural waste activities or call 0845 6033113.
