Statutory guidance

SR2021 No 13: storage and mechanical treatment of end-of-life tyres for recovery

Published 16 March 2022

Applies to England

The Environmental Permitting (England & Wales) Regulations 2016 - Chapter 4 Standard rules

Introductory note

This introductory note is a non-technical summary and does not form a part of these standard rules. Operators will need to check all of the rules in detail to ensure they can comply with them at all times.

These rules allow a named operator to store, or store and treat end-of-life tyres for the purpose of recovery.

Permitted wastes are limited to end-of-life tyres.

No more than 5,000 tonnes of end-of-life tyres can be accepted at the site each year. No more than 100 tonnes of end-of-life tyres can be stored at any one time.

End-of-life tyres may be stored outside. Treatment of end-of-life tyres must be carried out in a building, except for the manual sorting of tyre casings. Treatment must be for the purpose of recovery of the waste, and is limited to manual sorting, granulating, baling, peeling, shaving, shredding, cutting, repairing and retreading.

The site must be a minimum distance from certain types of sensitive areas and sites. It cannot be within:

• 200 metres of a European site, Ramsar, Site of Special Scientific Interest or Marine Conservation Zone
• 50 metres of a National Nature Reserve, Local Nature Reserve, Local Wildlife Site, Ancient woodland or Scheduled Monument
• 50 metres of a site that has species or habitats of principle importance (as listed in Section 41 of the Natural Environment and Rural Communities Act 2006) that the Environment Agency considers at risk to this activity, these are also often referred to as priority habitats and species
• 50 metres of any well, spring or borehole used for the supply of water for human consumption, including private water supplies
• a groundwater source protection zone 1

End of introductory note.

Rules.

1. Management

1.1 General management

1.1.1 The operator shall manage and operate the following activities:

(a) in accordance with a written management system that identifies and minimises risks of pollution, so far as is reasonably practicable, including those risks arising from operations, maintenance, accidents, incidents, non-conformances, closure and those drawn to the attention of the operator as a result of complaints

(b) using sufficient competent persons and resources

1.1.2 Records demonstrating compliance with rule 1.1.1 shall be maintained.

1.1.3 Any person having duties that are or may be affected by the matters set out in these standard rules shall have convenient access to a copy of the permit.

1.1.4 The operator shall comply with the requirements of an approved competence scheme.

1.2 Avoidance, recovery and disposal of wastes produced by the activities

1.2.1 The operator shall take appropriate measures to ensure all of the following, that:

(a) the waste hierarchy referred to in Article 4 of the Waste Framework Directive is applied to the generation of waste by the activities

(b) any waste generated by the activities is treated in accordance with the waste hierarchy referred to in Article 4 of the Waste Framework Directive

(c) where disposal is necessary, this is undertaken in a manner which minimises its impact on the environment

1.2.2 The operator shall review and record at least every 4 years whether changes to those measures should be made and take any further appropriate measures identified by a review.

2. Operations

2.1 Permitted activities

2.1.1 The operator is only authorised to carry out activities with the following descriptions:

(a) Waste activity codes for recovery:

• R3 – recycling and reclaiming organic substances which are not used as solvents
• R4 – recycling and reclaiming metals and metal compounds
• R13 – storage of wastes pending any of the operations numbered R1 to R12 (excluding temporary storage, pending collection, on the site where it is produced)

(b) Waste activity codes for disposal:

• not applicable

2.1.2 The activities are limited as follows:

(a) no more than 5,000 tonnes of waste shall be accepted each year

(b) no more than 100 tonnes of waste shall be stored at any one time

(c) no waste shall be kept at the site for longer than 3 months

(d) waste treatment is limited to:

• manual sorting
• granulating
• baling
• peeling
• shaving
• shredding
• cutting
• repairing
• retreading

2.2 The site

2.2.1 The activities shall not extend beyond the site, being the land shown edged in green on the site plan attached to the permit.

2.2.2 The activities shall not be carried out within:

(a) 200 metres of a European site, Ramsar, Site of Special Scientific Interest or Marine Conservation Zone

(b) 50 metres of a National Nature Reserve, Local Nature Reserve, Local Wildlife Site, Ancient woodland or Scheduled Ancient Monument

(c) 50 metres of a site that has species or habitats of principle importance (as listed in Section 41 of the Natural Environment and Rural Communities Act 2006) that the Environment Agency considers at risk to this activity, these are also often referred to as priority habitats and species

(d) 50 metres of any well, spring or borehole used for the supply of water for human consumption, including private water supplies

(e) a groundwater source protection zone 1

2.3 Waste acceptance

2.3.1 Waste shall only be accepted at the site if both of the following apply:

(a) it conforms to the description in the transfer documentation supplied by the producer and holder

(b) it falls within the following six digit waste code and associated waste type:

16 Wastes not otherwise specified in the list

Waste code	Waste types
16 01	End-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of life vehicles and vehicle maintenance (except 13,14,16 06 and 16 08)
16 01 03	End-of-life tyres

2.4 Operating techniques

2.4.1 The activities shall, subject to the rules of this permit, be operated using the following techniques:

(a) all waste shall be kept secure

(b) all treatment of waste shall be carried out inside a building, except for the manual sorting of tyre casings

(c) when located within a groundwater source protection zone 2, all waste shall be kept on an impermeable surface with a sealed drainage system

(d) when located outside a groundwater source protection zone 2, all waste shall be kept on hardstanding, or on an impermeable surface with sealed drainage system

3. Emissions and monitoring

3.1 Emissions to air, land and water

3.1.1 There shall be no point source emissions to water, air or land - except:

(a) liquids may be discharged into a sewer subject to a consent issued by the local sewerage undertaker

(b) liquids may be taken off-site in a tanker for disposal or recovery

(c) clean (uncontaminated) surface water from roofs, or from areas of the site that are not being used in connection with storing, handling or treatment of waste, may be discharged directly to surface waters, or to groundwater by seepage through the soil by a soakaway

3.2 Emissions of substances not controlled by emission limits

3.2.1 Emissions from the site shall not cause pollution. The operator shall not be taken to have breached this rule if appropriate measures, including, but not limited to, those specified in any approved emissions management plan, have been taken to prevent or where that is not practicable, to minimise, those emissions.

3.2.2 The operator shall:

(a) if notified by the Environment Agency that the activities are giving rise to pollution, submit to the Environment Agency for approval within the period specified, an emissions management plan which identifies and minimises the risks of pollution from emissions of substances not controlled by emission limits

(b) implement the approved emissions management plan, from the date of approval, unless otherwise agreed in writing by the Environment Agency

3.2.3 All liquids in containers, whose emission to water or land could cause pollution, shall be provided with secondary containment, unless the operator has used other appropriate measures to prevent or where that is not practicable, to minimise, leakage and spillage from the primary container.

3.3 Noise and vibration

3.3.1 Emissions from the activities shall be free from noise and vibration at levels likely to cause pollution outside the site, as perceived by an authorised officer of the Environment Agency, unless the operator has used appropriate measures, including, but not limited to, those specified in any approved noise and vibration management plan, to prevent or where that is not practicable to minimise the noise and vibration.

3.3.2 The operator shall:

(a) if notified by the Environment Agency that the activities are giving rise to pollution outside the site due to noise and vibration, submit to the Environment Agency for approval within the period specified, a noise and vibration management plan which identifies and minimises the risks of pollution from noise and vibration

(b) implement the approved noise and vibration management plan, from the date of approval, unless otherwise agreed in writing by the Environment Agency

3.4 Fire prevention

3.4.1 The operator shall take all appropriate measures to prevent fires on site and minimise the risk of pollution from them including, but not limited to, those specified in any approved fire prevention plan.

3.4.2 The operator shall:

(a) if notified by the Environment Agency that the activities are giving rise to a risk of fire, submit to the Environment Agency for approval within the period specified, a fire prevention plan which prevents fires and minimises the risk of pollution from fires

(b) implement the fire prevention plan, from the date of approval, unless otherwise agreed in writing by the Environment Agency

4. Information

4.1 Records

4.1.1 All records required to be made by these standard rules shall:

(a) be legible

(b) be made as soon as reasonably practicable

(c) if amended, be amended in such a way that the original and any subsequent amendments remain legible, or are capable of retrieval

(d) be retained, unless otherwise agreed in writing by the Environment Agency, for at least 6 years from the date when the records were made, or in the case of the following records until permit surrender:

(i) off-site environmental effects

(ii) matters which affect the condition of the land and groundwater

4.1.2 The operator shall maintain convenient access, in either electronic or hard copy, to the records, plans and management system required to be maintained by this permit.

4.2 Reporting and notifications

4.2.1 All reports and notifications required by these standard rules shall be made in writing, using the contact details supplied by the Environment Agency. Where reports and notifications must be made immediately, they may be provided verbally.

4.2.2 Within one month of the end of each quarter, the operator shall submit to the Environment Agency using the form made available for the purpose, the information specified on the form relating to the site and the waste accepted and removed from it during the previous quarter.

4.2.3 In the event:

(a) that the operation of the activities gives rise to an incident or accident which significantly affects or may significantly affect the environment, the operator must immediately do all of the following:

(i) inform the Environment Agency

(ii) take the measures necessary to limit the environmental consequences of such an incident or accident

(iii) take the measures necessary to prevent further possible incidents or accidents

(b) of a breach of any rule the operator must immediately do both of the following:

(i) inform the Environment Agency

(ii) take the measures necessary to ensure that compliance is restored within the shortest possible time

(c) of a breach of permit rule which poses an immediate danger to human health or threatens to cause an immediate significant adverse effect on the environment, the operator must immediately suspend the operation of the activities or the relevant part of it until compliance with the permit rules has been restored

4.2.4 Written confirmation of actual or potential pollution incidents and breaches of rules shall be submitted to the Environment Agency within 24 hours.

4.2.5 Where the Environment Agency has requested in writing that it shall be notified when the operator is to undertake monitoring and, or spot sampling (or both), the operator shall inform the Environment Agency when the relevant monitoring and, or spot sampling (or both) is to take place. The operator shall provide this information to the Environment Agency at least 14 days before the date the monitoring is to be undertaken.

4.2.6 The Environment Agency shall be notified within 14 days of the occurrence of the following matters, except where such disclosure is prohibited by Stock Exchange rules:

(a) Where the operator is a registered company, both of the following apply:

(i) any change in the operator’s trading name, registered name or registered office address

(ii) any steps taken with a view to the operator going into administration, entering into a company voluntary arrangement or being wound up

(b) Where the operator is a corporate body other than a registered company, both of the following apply:

(i) any change in the operator’s name or address

(ii) any steps taken with a view to the dissolution of the operator

(c) In any other case, all of the following apply:

(i) the death of any of the named operators (where the operator consists of more than one named individual)

(ii) any change in the operator’s name(s) or address(es)

(iii) any steps taken with a view to the operator, or any one of them, going into bankruptcy, entering into a composition or arrangement with creditors, or, in the case of them being in a partnership, dissolving the partnership

(iv) any closure of the site longer than 15 working days

4.3 Interpretation

In these standard rules the following expressions have these meanings:

“accident” means an accident that may result in pollution

“authorised officer” means any person authorised by the Environment Agency under section 108(1) of The Environment Act 1995 to exercise, in accordance with the terms of any such authorisation, any power specified in section 108(4) of that Act

“building” means a construction that has the objective of providing sheltering cover and minimising emissions of noise, particulate matter, odour and litter

“disposal” means any of the operations provided for in Annex I to the Waste Framework Directive

“emissions of substances not controlled by emission limits” means emissions of substances to air, water or land from the activities, either from the emission points specified in these standard rules or from other localised or diffuse sources, which are not controlled by an emission or background concentration limit

“end-of-life tyre” means a tyre which no longer meets UK standards for use on public roads

“European site” means a European site within the meaning of Regulation 8 of the Conservation of Habitats and Species Regulations 2017, and refers to a candidate or Special Area of Conservation and proposed or Special Protection Area in England and Wales

“groundwater” means all water, which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil

“handling” includes transfer activities like loading, unloading and movement of waste within the site

“hardstanding” means ground surfaced with a hard material for parking vehicles or storing materials. It must be capable of being kept clear of debris, remain level and rut free and being maintained so that it does not cause surface water ponding

“hazardous waste” has the meaning given in the Hazardous Waste (England and Wales) Regulations 2005 (as amended)

“impermeable surface” means a surface or pavement constructed and maintained to a standard sufficient to prevent the transmission of liquids beyond the pavement surface, and should be read in conjunction with the term ‘sealed drainage system’

“List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time (including by decision 2014/955/EU)

“Marine Conservation Zone” means a Marine Conservation Zone designated under the Marine and Coastal Access Act 2009

“pollution” means emissions as a result of human activity which may do one or more of the following:

(a) be harmful to human health or the quality of the environment

(b) cause offence to a human sense

(c) result in damage to material property

(d) impair or interfere with amenities and other legitimate uses of the environment

” quarter” means a calendar year quarter commencing on 1 January, 1 April, 1 July or 1 October

” R” means a recovery operation provided for in Annex II to the Waste Framework Directive

“recovery” means any of the operations provided for in Annex II to the Waste Framework Directive

“sealed drainage system” in relation to an impermeable surface means a drainage system with impermeable components which does not leak and which will ensure that:

(a) no liquid will run off the surface otherwise than through the system

(b) except where they may lawfully be discharged to foul sewer, all liquids entering the system are collected in a sealed sump

” secure” means that all reasonable precautions are taken to ensure that the waste cannot escape and that members of the public are unable to gain access to the waste

“Site of Special Scientific Interest” means a Site of Special Scientific Interest within the meaning of the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000)

“waste code” means the six digit code referable to a type of waste in accordance with the List of Wastes and in relation to hazardous waste, includes the asterisk.

“Waste Framework Directive” means Waste Framework Directive 2008/98/EC of the European Parliament and of the Council on waste, as read in accordance with Schedule 1A to the Environmental Permitting (England and Wales) Regulations 2016.

“year” means calendar year ending 31 December

End of standard rules.

Version 1