What the legislation says
5 (1) Burning waste as a fuel in an appliance if:
(a) the appliance has a net rated thermal input of less than 0.4 megawatts, or
(b) the appliance is used together with (whether or not it is operated simultaneously with other appliances) and the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.
5 (2) Secure storage of waste intended to be submitted to such burning.
5 (3) In this paragraph 'net rated thermal input' means rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.
What this means
Paragraph 5 (1) (a) (b) permits wastes to be used as a fuel in an appliance or appliances that fall outside local authority control.
Paragraph 5 (2) allows storage of the wastes that are to be used as a fuel.
Paragraph 5 (3) explains the method of calculating the net rated thermal input of the appliance or appliances.
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 5 (1) (a) (b)
Q. What can you do?
A. You can use waste to generate heat or power in an appliance or appliances that have a net rated thermal input of less than 0.4 megawatts (400kW). If two or more appliances are used together, the total thermal input of the appliances combined must still be below 0.4 megawatts to qualify for the exemption.
Q. Who can do it?
A. Any company, organisation or individual who registers a Paragraph 5 exemption with us because they know the capacity of their appliance and have first checked that it does not need Local Authority authorisation. If the appliance requires authorisation by the Local Authority you should not register with us. 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. What wastes can you use?
A. Although the exemption permits the burning of non hazardous wastes as a fuel in such appliances, the requirements of the Waste Incineration Directive (WID) restrict the waste types you can burn without the need for an environmental permit as a Waste Incineration or Co-incineration installation.
To benefit from this exemption your appliance should burn only wastes excluded from the requirements of WID which are:
(i) vegetable waste from agriculture and forestry,
(ii) vegetable waste from the food processing industry, if the heat generated is recovered,
(iii) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered,
(iv) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste,
(v) cork waste,
(vi) radioactive waste,
(vii) animal carcasses as regulated by Directive 90/667/EEC without prejudice to its future amendments,
(viii) waste resulting from the exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installation.
For example, you could burn wood waste that has not been treated with wood preservatives or coatings containing halogenated organic compounds or heavy metals. (Please note most construction and demolition wood is likely to have been treated with paints etc that contain organic compounds or heavy metals).
Q. Can I clear the waste from a site and burn waste in a metal container such as a skip to dispose of it?
A. No, a Paragraph 5 exemption applies to the burning of waste as a fuel and not for disposal and to an appliance that is designed for that purpose. Burning of a limited amount of wood, bark and plant matter is permitted under the Paragraph 30 exemption. You may wish to check if this exemption covers the activity that you wish to undertake.
Paragraph 5 (2)
Q. What can you do?
A. You can store the waste that will be fed into the appliance.
Q. Where can you store it?
A. In the place or places that you identified when you registered the exemption. The storage must be secure so that waste cannot escape and access to it is controlled.
Paragraph 5 (3)
Q. What is meant by 'the net rated thermal input?'
A. The net rated thermal input is the maximum rate at which fuel can be burned continuously in an appliance. The rate is calculated by multiplying the calorific values of the waste by the maximum rated input of the appliance.
Examples of activities that are not suitable for registration under the Paragraph 5 (1) (2) (3) exemption:
- A waste transfer station separates out combustible wastes and burns them in a small skip.
The burning of waste for disposal is not permitted under this exemption.
- A company stores waste tyres, which it shreds and feeds into an appliance as a fuel source.
The burning of tyres would not be suitable for a Paragraph 5 exemption because it involves burning a waste type that is subject to the requirements of the WID and therefore requires an EPR Installation Permit.
Example of an activity that is suitable for registration under the Paragraph 5 (1) (2) (3) exemption:
- A company burns pallet wood which has not been treated with timber preservatives or paints in an appliance that also provides hot water for a building.
Have you understood what you can and cannot do under this exemption?
Do you think you meet the requirements of the Paragraph 5 exemption and wish to proceed with the 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.
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.
