Statutory guidance

SR2021 No 3: composting in closed systems – waste recovery operation

Updated 17 May 2022

Applies to England

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

SR2021 No 3 incorporates SR2012 No 3 and SR2008 No 17.

This standard rules permit is for a facility:

  • with a treatment capacity less than 75 tonnes each day
  • accepting no more than 35,000 tonnes each year

Introductory note

This introductory note does not form a part of these standard rules.

These rules are for facilities that fall within the scope of the Industrial Emissions Directive.

Under these rules, facilities:

  • must have the capacity to biologically treat less than 75 tonnes of waste in any one day
  • can accept no more than 35,000 tonnes a year

These rules allow a waste operation to accept, store, physically treat and compost specified biodegradable wastes.

The operator can accept waste that include green wastes, animal manures, cooked food waste and animal wastes covered by the Animal By-Products Regulations (ABPR). Operators must handle and treat any wastes controlled by ABPR in accordance with the requirements of those regulations.

The operator cannot accept hazardous wastes.

These rules do not allow the operator to burn any wastes, either in the open, inside buildings or in any type of incinerator.

The activities shall not be carried out within:

  • 250 metres of the nearest sensitive receptor
  • 500 metres of a European site (within the meaning of Regulation 8 of the Conservation of Habitats and Species Regulations 2017) or a Site of Special Scientific Interest, including candidate or proposed sites or a Marine Conservation Zone
  • a groundwater source protection zone 1 and 2 or if a groundwater source protection zone has not been defined then within 250 metres of any well, spring or borehole used for the supply of water for human consumption (including private water supplies)
  • 10 metres of any watercourse
  • 250 metres of the presence of great crested newts, where it is linked to the breeding ponds of the newts by good habitat
  • 50 metres of a 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
  • a specified Air Quality Management Area

These rules do not apply to facilities with more than one operator.

End of introductory note.

Rules.

1. Management

1.1 General management

1.1.1 The operator shall manage and operate the activities:

(a) in accordance with a written management system that identifies and minimises risks of pollution, so far as is reasonably practicable, including those 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 condition 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. It must be kept at or near the place where those duties are carried out.

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 (WFD) 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 WFD

(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 the activities in rule 2.1.

2.1.2 The activities shall be undertaken in accordance with appropriate measures.

2.1.3 All process plant and equipment shall be commissioned, operated and maintained in accordance with the manufacturer’s recommendations and shall be fully documented and recorded.

Activity 1 – biological treatment of waste by composting

Activity 1 is the recovery or a mix of recovery and disposal of non-hazardous waste with a capacity less than 75 tonnes a day involving biological treatment.

Under WFD Annex II operations this activity is R3 – Recycling and reclaiming organic substances which are not used as solvents.

The activity is limited to:

(a) treatment of waste by composting

(b) sanitisation, stabilisation and maturation

(c) the treatment capacity of animal waste not exceeding 10 tonnes per day

(d) sanitisation of waste taking place in an enclosed and engineered system

The following activities are directly associated activities and are included as part of ‘the activities’.

Activity 2 – physical treatment of waste

Under WFD Annex II operations activity 2 is R3 – recycling and reclaiming organic substances which are not used as solvents.

The activity is limited to:

(a) physical treatment of waste restricted to storage, sorting, shredding, blending and screening

(b) open stabilisation of composting waste in windrows or the use of purpose-built and maintained negative aeration where the air extracted is treated by an abatement system

(c) treating extracted air from enclosed storage and treatment areas

Activity 3 – storage

Under WFD Annex II operations activity 3 is R13 – storage of wastes pending any of the operations numbered R1 to R12. Excludes temporary storage, pending collection, on the site where it is produced.

This activity is limited to secure storage of:

(a) compatible waste before composting (feedstock) in an enclosed building

(b) liquid waste consisting of dirty water or liquor (or both) in purpose-built lagoons or tanks

(c) finished compost (including finished screened material waiting for dispatch) and non-composted fraction

(d) quarantined and rejected waste in closed containers or covered skips and removed to a regulated facility within 5 days

Activity 4 – storing raw materials and waste generated on site

This activity relates to secure storage of raw materials and waste including:

(a) chemicals

(b) lubrication oil

(c) antifreeze

(d) diesel

(e) activated carbon

(f) spent air abatement filter media

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) 250 metres of the nearest sensitive receptor

(b) 500 metres of a European site (within the meaning of Regulation 8 of the Conservation of Habitats and Species Regulations 2017) or a Site of Special Scientific Interest, including candidate or proposed sites or a Marine Conservation Zone

(c) a groundwater source protection zone 1 and 2 or if a groundwater source protection zone has not been defined then within 250 metres of any well, spring or borehole used for the supply of water for human consumption (including private water supplies)

(d) 10 metres of any watercourse

(e) 250 metres of the presence of great crested newts, where it is linked to the breeding ponds of the newts by good habitat

(f) 50 metres of a Local Nature Reserves, Local Wildlife Site, Ancient Woodland or Scheduled Monument

(g) 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

(h) a specified Air Quality Management Area

2.3 Waste acceptance

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

(a) it is within the quantities, codes and descriptions specified in this rule (2.3) and is not an excluded waste

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

(c) the waste is biodegradable

(d) the facility has sufficient waste capacity to store and treat the waste

2.3.2 Records demonstrating compliance with rules 2.3.1 shall be maintained.

Waste quantities

The total quantity of waste accepted at the site shall:

  • be less than 35,000 tonnes a year

  • not exceed the designed treatment and storage capacity of the site

Exclusions

Wastes having any of the following characteristics shall not be accepted:

  • biodegradable waste that is significantly contaminated with non-compostable contaminants, in particular plastic and litter shall be no more than 5% w/w and shall be as low as reasonably practicable by 31 December 2025
  • waste consisting solely or mainly of dusts, (except sawdust), powders or loose fibres
  • hazardous wastes
  • wastes that are in a form which is liquid, other than compost leachate and digestate
  • wastes containing treated wood and post-consumer wood
  • wastes containing wood-preserving agents or other biocides
  • wastes containing persistent organic pollutants
  • wastes containing Japanese Knotweed, or other invasive plant species listed in the Invasive Alien Species (Enforcement and Permitting) Order 2019 (formerly the EU Invasive Alien Species legislation)
  • manures, slurries and spoiled bedding and straw from farms where animals have notifiable diseases as stipulated in the Animal By-Products (Enforcement) (England) Regulations 2011

Waste codes and descriptions

02 Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing, food preparation and processing

Waste code Description
02 01 Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 01 Sludges from washing and cleaning − vegetables, fruit and other crops
02 01 02 Animal tissue waste
02 01 03 Plant-tissue waste
02 01 06 Animal faeces, urine and manure (including spoiled fully biodegradable bedding)
02 01 07 Wastes from forestry
02 01 99 Wastes not otherwise specified – spent mushroom compost from commercial mushroom growing only
02 02 Wastes from the preparation and processing of meat, fish and other foods of animal origin
02 02 01 Sludges from washing and cleaning, peeling, centrifuging and separation including wash waters and sludges from secondary food processing or the cook chill sector
02 02 02 Animal tissue waste
02 02 03 Materials unsuitable for consumption or processing
02 02 04 Sludges from on-site effluent treatment
02 03 Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation
02 03 01 Sludges from washing, cleaning peeling, centrifuging and separation (including sludge from production of edible fats and oils, seasoning residues, molasses residues, residues from production of potato, corn or rice starch only)
02 03 04 Materials unsuitable for consumption or processing (including waste from production of edible fats and oils, seasoning residues, molasses residues, residues from production of potato, corn or rice starch only)
02 03 05 Sludges from on-site effluent treatment (including sludge from production of edible fats and oils, seasoning residues, molasses residues, residues from production of potato, corn or rice starch only)
02 04 Wastes from sugar processing
02 04 01 Soil from cleaning and washing beet
02 04 03 Sludges from on-site effluent treatment
02 05 Wastes from the dairy products industry
02 05 01 Materials unsuitable for consumption or processing
02 05 02 Sludges from on-site effluent treatment
02 06 Wastes from the baking and confectionery industry
02 06 01 Materials unsuitable for consumption or processing
02 06 03 Sludges from on-site effluent treatment
02 07 Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa)
02 07 01 Wastes from washing, cleaning and mechanical reduction of raw materials – biodegradable wastes from the processing of the raw materials used in the production of such beverages only (wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa))
02 07 02 Wastes from spirits distillation – spent grains, hops and whisky filter sheets and cloths, yeast and yeast like residues, sludge from production process, or malt husks, malt sprouts, yeasts and yeast-like residues only
02 07 04 Material unsuitable for consumption or processing – biodegradable wastes from the processing of the raw materials used in the production of such beverages only (wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa))
02 07 05 Sludges from on-site effluent treatment – sludges from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa)

03 Wastes from wood processing and the production of panels and furniture, pulp, paper and cardboard

Waste code Description
03 01 Wastes from wood processing and the production of panels and furniture – virgin timber only
03 01 01 Waste bark and cork - virgin timber only
03 01 05 Sawdust, shavings, cuttings, wood and particle board other than those in 03 01 04 only – virgin timber only
03 03 Wastes from pulp, paper and cardboard production and processing
03 03 01 Waste bark and wood – virgin timber only
03 01 05 Sawdust, shavings, cuttings, wood and particle board other than those in 03 01 04 only – virgin timber only
03 03 Wastes from pulp, paper and cardboard production and processing
03 03 01 Waste bark and wood – virgin timber only
03 03 10 Fibre rejects – virgin timber only

04 Wastes from the leather, fur and textile industries

Waste code Description
04 02 Waste from the textile industry
04 02 10 Organic matter from natural products such as grease and wax

15 Waste packaging; absorbents, wiping cloths, filter materials and protective clothing not otherwise specified

Waste code Description
15 01 Packaging (including separately collected municipal packaging waste)
15 01 01 Paper and cardboard packaging (excluding veneers, plastic coatings or laminates) certified to EN 13432 or equivalent certified compostable standard
15 01 02 Plastic packaging – compostable plastics only certified to EN 13432 or equivalent certified compostable standard
15 01 03 Wooden packaging – virgin timber only
15 01 05 Composite packaging – certified to EN 13432 or equivalent certified compostable standard
15 01 09 Textile packaging – made entirely from biodegradable fibres only)
15 02 Absorbents, filter materials, wiping cloths and protective clothing
15 02 03 Absorbents, filter materials and cloths from the production of alcoholic and non-alcoholic beverages other than those mentioned in 15 02 02 made from compostable material only – hops and whisky filter sheets and cloths made from compostable material only

16 Wastes not otherwise specified in the list

Waste code Description
16 03 Off-specification batches and unused products
16 03 06 Organic wastes other than those mentioned in 16 03 05 – wool fleece only (excludes hides and skins)
16 10 Aqueous liquid waste destined for off-site treatment
16 10 02 Untreated wash waters from cleaning fruit and vegetables on farm only
16 10 02 Liquor or leachate from a composting process that accepts waste input types listed in these standard rules only or compost standard rules only and in compliance with Animal by Products Regulation

17 Construction and demolition wastes (including excavated soils from contaminated sites)

Waste code Description
17 05 Soils (excluding excavated soils from contaminated sites), stones and dredging spoil
17 05 06 Dredging spoil other than those mentioned in 17 07 05 (from inland waters only)

19 Wastes from waste management facilities, off-site waste water treatment plants and preparation of water intended for human consumption or industrial use

Waste code Description
19 02 Wastes from physic/chemical treatments of waste (including dechromatation, decyanidation, neutralisation
19 02 03 Premixed wastes from waste listed within these standard rules only
19 02 06 Sludges from physico/chemical treatment other than those mentioned in 19 02 05 (sewage sludge which has been previously pasteurised and stabilised only)
19 05 Wastes from the aerobic treatment of solid wastes
19 05 01 Non-composted fraction of municipal and similar wastes- from composting process that accepts wastes as listed in these standard rules, made up of previously sanitised batches only
19 05 02 Non-composted fraction of animal and vegetable waste- from composting process that accepts wastes as listed in these standard rules and made up of previously sanitised batches only
19 05 03 Off-specification compost -from composting process that accepts wastes as listed in these standard rules and made up of previously sanitised batches only
19 06 Waste from the anaerobic treatment of waste
19 06 03 Liquor from anaerobic treatment of municipal waste (from a process that accepts wastes listed in these standard rules or anaerobic digestion standard rules only) and made up of previously pasteurised and stabilised batches only
19 06 04 Digestate from anaerobic treatment of municipal waste from a process that accepts wastes as listed in these standard rules or anaerobic digestion and made up of previously pasteurised and stabilised batches only
19 06 05 Liquor from anaerobic treatment of animal and vegetable waste from a process that accepts wastes as listed in these standard rules or anaerobic digestion and made up of previously pasteurised and stabilised batches only
19 06 06 Digestate from anaerobic treatment of animal and vegetable waste from a process that accepts waste as listed in these standard rules or anaerobic digestion and made up of previously pasteurised and stabilised batches only
19 06 06 Digestate from anaerobic treatment of animal and vegetable waste (previously digestate sewage sludge only)
19 12 Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 01 Paper and cardboard (excluding veneers or plastic coatings) certified to EN 13432 or equivalent certified compostable packaging only
19 12 12 Waste types listed within this table that have been subjected to mechanical treatment only from a process that treats wastes which are listed in these standard rules only or composting standard rules and made up of previously sanitised or pasteurised and stabilised batches only)

20 Municipal wastes (household waste and similar commercial, industrial and institutional wastes) including separately collected fractions

Waste code Description
20 01 Separately collected fractions (except 15 01)
20 01 01 Paper and cardboard (excluding veneers, plastic coatings or laminates) certified to EN 13432 or equivalent certified compostable packaging only
20 01 08 Compostable kitchen and canteen waste – containing compostable plastics meeting EN 13432 or equivalent certified compostable only (Category 3 ABPR waste only)
20 01 25 Edible oil and fat
20 01 39 Plastics – compostable plastics only, certified to EN 13432 or equivalent certified compostable standard. Note – limit for incidental non-compostable plastic is 5% w/w to be removed prior to processing
20 02 Garden and park wastes (including cemetery waste)
20 02 01 Biodegradable waste (plant matter only)
20 03 Other municipal wastes
20 03 01 Mixed municipal waste − only separately collected biodegradable wastes of types listed within this table
20 03 02 Waste from markets allowed only if source segregated biodegradable fractions only

2.4 Operating techniques

2.4.1 The activities shall, subject to the rules in this permit, be operated using the techniques and in the manner described in this rule 2.4.

For new operations, before starting the activities, the operator shall:

(a) submit a validation report for all critical infrastructure (primary and secondary containment) and ensure that these have been designed and built to CIRIA 736 report recommendations or an equivalent approved standard

(b) submit a commissioning plan to the Environment Agency. This must include a validated engineer report and detail the commissioning of the closed system, air management and abatement systems. Following commissioning, the operator shall have a scheme of inspection and maintenance for the systems

Technique 1

(a) all waste and raw materials shall be securely stored

(b) the acceptance, storage, physical treatment and composting of wastes shall take place on an impermeable surface with a sealed drainage system that meets the recommendations of a CIRIA 736 report or equivalent approved standard

(c) the acceptance, preparation, storage, physical treatment and composting of wastes under anaerobic conditions shall be prevented

(d) storage of food waste and animal by product waste pending treatment shall be stored for no more than 2 days from receipt in an enclosed building

(e) all process and storage tanks shall be regularly inspected and maintained, and a record maintained

(f) all tanks shall be fitted with level sensors

Technique 2

The volume of waste in storage or treatment must not exceed the design capacity of the site.

Technique 3

Incidental non-compostable fractions are to be removed prior to processing to a low as practicable level.

Technique 4

Quarantined and rejected waste shall be stored in closed containers or covered and removed to a regulated facility within 5 days.

Technique 5

(a) all storage and treatment areas shall be located on an impermeable surface (a hydraulic permeability of not greater than 1x 10-9 m/s) with sealed construction joints within a bunded area (secondary containment). The bunded area shall have a capacity of at least 110% of the largest vessel or 25% of the total tankage volume, whichever is the greater

(b) the bunds or secondary containment shall be regularly inspected to ensure they are emptied of rainwater

(c) connections and fill points shall be within the bund or secondary containment

(d) no pipework shall penetrate the bund wall unless it complies with CIRIA 736 report

Technique 6

The operator shall have a site drainage plan that clearly shows clean and dirty water drainage and detail any discharge points as presented in technique 5.

Technique 7

(a) the operator shall have an inspection, maintenance and repair schedule of the facility’s critical infrastructure, including the impermeable surfacing and drainage system – the schedule shall be carried out, maintained and a record kept

(b) drainage, aeration channels and collection sumps shall be inspected on a weekly basis and steam cleaned to prevent the build-up of odorous material and prevent pest infestations

Technique 8

(a) underground tanks shall have secondary containment and appropriate leak detection. No less than 95% of the bund capacity shall be maintained at all times

(b) for new operations, all tanks and containers shall have secondary containment that complies with a CIRIA 736 report or an equivalent approved standard

Technique 9

Discharges to groundwater or surface watercourses shall consist of clean water only.

Technique 10

Each composting batch shall:

(a) undergo an identifiable and effective sanitisation and stabilisation stage

(b) be defined with a batch number to ensure traceability from receipt of waste to dispatch from site

Technique 11

Monitoring regimes and systems shall be documented to ensure process stability and to minimise emissions and pollution.

Technique 12

(a) water from operational areas, liquors and leachate shall be stored in a manner that prevents and minimise emissions

(b) for all storage lagoons and tanks the operator shall maintain a freeboard of at least 750mm

New operations:

(c) leachate and liquors shall be stored within covered containers or covered lagoons with a suitably designed and maintained abatement system

(d) lagoons shall be constructed in accordance with the recommendations of a CIRIA 736 report or approved standard before operation

Technique 13

(a) all waste reception transfer and pre-treatment shall be carried out in an enclosed building with an air extraction and abatement system

(b) all air extraction and abatement systems shall be designed and built specifically for the facility by a suitably qualified engineer. These shall be inspected and maintained and a record kept

Technique 14

Oversize material stored on site shall be monitored to prevent re-heating.

Technique 15

(a) all tankers loading and discharging shall be supervised

(b) transfer areas shall be monitored to ensure valves are sealed when not transferring

(c) where required waste shall be accompanied by a wash-out certificate

Technique 16

Material stored following composting and screening must not cause pollution and must be demonstrated to be stable.

Technique 17

Operators shall have procedures and contingency plans in place for compost management when the ability to move their compost or the demand for the compost by end users is reduced.

Improvement conditions

Operators of existing facilities (permits issued before 20 December 2021) shall by the 1 October 2022:

1. Undertake an inspection and works programme to ensure that all primary and secondary containment is fit for purpose which shall include:

(a) an assessment and inspection of all primary containment, using a Written Scheme of Examination devised and undertaken by an appropriately qualified engineer

(b) an assessment and inspection of all secondary containment against the standards set out in CIRIA 736 shall be done by a competent structural engineer

(c) written reports of the findings of a) and b) (improvement condition 1) shall be submitted to the Environment Agency. Where the reports do not demonstrate that critical primary and secondary containment is fit for purpose, the reports shall contain detailed proposals to bring the containment up to the required standards including timescales for the implementation of individual measures (‘the measures’), or shall propose alternative appropriate measures to ensure all polluting materials will be contained on site.

(d) where it contains proposals for works, the report recommendations shall be implemented by the operator in accordance with the Environment Agency’s written approval

3. Emissions and monitoring

3.1 Emissions to air, land and water

3.1.1 There shall be no point source emissions to air, water or land except from the sources and emission points listed under rule 3.1.5.

3.1.2 Point source emissions shall be identified on a site plan.

3.1.3 The limits given under rule 3.1.5 ‘Monitoring point source channelled emissions to air where applicable’ shall not be exceeded.

3.1.4 Monitoring equipment, techniques, personnel and organisations employed for the emissions monitoring programme and the environmental or other monitoring specified in this rule shall either have MCERTS certification or MCERTS accreditation (as appropriate), where available or have UKAS accreditation, unless otherwise agreed in writing by the Environment Agency.

3.1.5 Monitoring point source channelled emissions to air where applicable

Either the limit for ammonia (NH3) or odour concentration applies.

(a) the reference period is periodic over minimum 1-hour period

(b) the monitoring frequency is once every 6 months or as agreed with the Environment Agency

Parameter Limit (incl. unit) Reference period Monitoring frequency Monitoring standard or method
Ammonia 20 mg/Nm³ Periodic over minimum 1-hour period Once every 6 months - Emissions of pollutants into the environment through any kind of duct, pipe or stack – includes emissions from open top biofilters
- EN ISO 21877 to be used for stacks
- Open biofilters methodology as agreed with the Environment Agency in the odour management plan
Odour concentration 1,000 ouE/Nm³ - Once every 6 months BS EN 13725

3.2 Emissions of substances not controlled by emission limits

3.2.1 Emissions of substances not controlled by emission limits (excluding odour) shall not cause pollution. The operator shall not be taken to have breached this condition 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 Where not already subject to a specific rule all liquids in containers, whose emission to water or land could cause pollution, shall be provided with secondary containment.

3.3 Odour

3.3.1 Emissions from the activities shall be free from odour 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 odour management plan, to prevent or where that is not practicable to minimise the odour.

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 odour, submit to the Environment Agency for approval within the period specified, an odour management plan which identifies and minimises the risks of pollution from odour

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

3.4 Noise and vibration

3.4.1 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.

3.4.2 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

3.5 Monitoring

3.5.1 The operator shall, unless otherwise agreed in writing by the Environment Agency, undertake the monitoring specified in rule 3.1.5.

3.5.2 The operator shall maintain records of all monitoring required by these standard rules including records of the taking and analysis of samples, instrument measurements (periodic and continual), calibrations, examinations, tests and surveys and any assessment or evaluation made on the basis of such data.

3.5.3 Permanent means of access shall be provided to enable sampling and monitoring to be carried out in relation to the emission points specified in rule 3.1 and meet the requirements for the activities set out in this rule (3.5), unless otherwise agreed in writing by the Environment Agency.

3.5.4 The operator shall ensure that:

(a) uncontrolled decomposition and anaerobic conditions are prevented

(b) temperature and moisture monitoring equipment shall be available on-site and used as required to maintain aerobic conditions and ensure compliance with these rules

(c) equipment shall be calibrated in accordance with manufacturers recommendations or on a 4-monthly basis and a record maintained

(d) assessment, mixing and adjustment shall enable air flow and prevent anaerobic conditions

(e) records shall be documented and maintained to demonstrate compliance with this rule 3.5.4

3.5.5 Process monitoring requirements

The process monitoring requirements are as follows.

(a) Monitoring meteorological conditions

The operator shall monitor these parameters continuously and keep a record:

(i) wind speed

(ii) air temperature and wind direction

(b) Monitoring representative internal core in stockpiles and the waste prior to treatment

The operator shall monitor as follows:

Parameter Monitoring frequency Monitoring method
Temperature Daily prior to processing Temperature probe
Moisture Daily prior to processing Industry grab test as a minimum or oven drying
Total organic carbon
Kjelhahl nitrogen
carbon to nitrogen ratio
On acceptance or as agreed in an approved odour management plan Kjeldahl method in accordance with BS EN 13654-1

(c) Monitoring representative internal core for each composting batch during sanitisation

The operator shall monitor these parameters and in addition shall:

(i) demonstrate that sanitisation temperatures meet the requirements of the ABPR as validated by an authorised officer of the Animal & Plant Health Agency

Parameter Monitoring frequency Monitoring method
Temperature Continuous Temperature probe
Moisture On acceptance or prior to loading vessel Industry grab test as a minimum or oven drying
Total organic carbon
Kjelhahl nitrogen
carbon to nitrogen ratio
On acceptance or as agreed in an approved odour management plan Kjeldahl method in accordance with BS EN 13654-1

(d) Monitoring representative internal core for each composting batch immediately following sanitisation and during the stabilisation stage

The operator shall monitor these parameters:

Parameter Monitoring frequency Monitoring method
Temperature At least daily during stabilisation Temperature probe
Moisture At least daily during stabilisation Industry grab test as a minimum or oven drying
Total organic carbon
Kjelhahl nitrogen
carbon to nitrogen ratio
Weekly or as agreed in an approved odour management plan Kjeldahl method in accordance with BS EN 13654-1

(e) Monitoring representative internal core for each composting batch during further maturation stage

The operator shall monitor as follows:

Parameter Monitoring frequency Monitoring method
Temperature Weekly Temperature probe
Moisture Weekly Industry grab test as a minimum or oven drying

(f) Process monitoring air abatement systems

The operator shall monitor as follows:

Parameter Monitoring frequency Monitoring method
Surface condition (signs of vegetation and channelling or bypass) Daily Visual assessment in accordance with odour management plan
Inlet and outlet temperature Continuous Temperature probe
Gas flow rate – inlet and outlet Continuous Gas flow meter
Moisture Daily Grab test, or drying oven
Thatching and compaction Weekly Back pressure
pH (biofilter drainage effluent) Weekly pH meter or litmus paper
Efficiency assessment Annually Media health, air-flow distribution and emission removal efficiency (BS EN 13725 for odour removal)

The operator shall meet these other specifications:

(i) air abatement system shall be monitored in accordance with its design specifications and records will be made available on request

(ii) emission assessment may be more frequent to ensure optimum emission abatement  

(iii) monitoring equipment, techniques, personnel and organisations employed for the emissions monitoring programme (including the measurement of exhaust gas temperature) shall be UKAS accredited

(g) Monitoring representative internal core for over-size storage piles

The operator shall monitor the temperature weekly using a temperature probe.

(h) Monitoring lagoon and storage tanks

The operator shall:

(i) monitor and record the volume stored daily using a visual or flow meter measurement and maintain a record

(ii) maintain a 750mm freeboard in accordance with its design capacity

3.6 Pests

3.6.1 The activities shall not give rise to the presence of pests which are likely to cause pollution, hazard or annoyance outside the boundary of the site. The operator shall not be taken to have breached this condition if appropriate measures, including, but not limited to, those specified in any approved pests management plan, have been taken to prevent or where that is not practicable, to minimise the presence of pests on the site.

3.6.2 The operator shall:

(a) only use approved products for pest control

(b) treat pest infestations promptly

(c) if notified by the Environment Agency, submit to the Environment Agency for approval within the period specified, a pests management plan which identifies and minimises risks of pollution from pests

(d) implement the pests management plan, from the date of approval, unless otherwise agreed in writing by the Environment Agency

3.7 Fire prevention

3.7.1 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.

3.7.2 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

4.2.1 The operator shall send all reports and notifications required by these standard rules to the Environment Agency using the contact details supplied in writing by the Environment Agency.

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 The operator shall keep records of the material exported from the site as non-waste including the type of material, the tonnage of material, the batch number and the date of export. This information shall be reported to the Environment Agency within one month of the end of each quarter and the records shall be maintained for at least 2 years.

4.2.4 The operator shall submit to the Environment Agency an annual report of the efficiency of the bio-filter and, or equivalent abatement system unless otherwise requested by the Agency. This shall include but not be limited to, the assessment of the efficiency to reduce odours, the summary of maintenance and any re-commissioning planned or conducted, and in the case of a biofilters assessment of back pressure, venting and channelling. The operator shall submit the report within one month of the end of each year, unless otherwise agreed in writing by the Environment Agency.

4.2.5 The operator shall submit an annual report detailing the efficiency of removal of non-compostable materials from feedstock prior to processing waste and the level of contamination in the final recovered compost.

Table 4.2 – reporting requirements

Parameter Emission or monitoring point (reference) Report frequency
Emissions to air As specified in rule 3.1 Six monthly
Efficiency of bio-filter and, or the equivalent abatement system In accordance with rule 3.5  Yearly by 1 February, unless otherwise agreed in writing by the Environment Agency
Waste acceptance and outputs returns In accordance with rules 4.2.2 and 4.2.3 Quarterly – within one month of the end of each quarter e-waste return form or other form as agreed in writing by the Environment Agency
Non-compostable contamination removal efficiency In accordance with rule 2.4 Annual – in accordance with waste acceptance procedures and rule 2.4

4.3 Notifications

4.3.1 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 permit condition 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 condition 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 conditions has been restored

4.3.2 Written confirmation of actual or potential pollution incidents and breaches of emissions shall be submitted within 24 hours.

4.3.3 Where the Environment Agency has requested in writing that it shall be notified when the operator is to undertake monitoring and/or spot sampling, the operator shall inform the Environment Agency when the relevant monitoring and/or spot sampling 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.

4.3.4 Following the detection of an issue listed in rule 4.3.1, the operator shall review and revise the management system, and implement any changes as necessary to minimise the risk of reoccurrence of the issue.

4.3.5 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:

(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:

(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:

(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

4.4 Interpretation

4.4.1 In these standard rules the expressions listed in this rule (4.4) shall have the meaning given.

4.4.2 In these standard rules references to reports and notifications mean written reports and notifications, except where reference is made to notification being made ‘without delay’, in which case it may be provided by telephone.

‘accident’ means an accident that may result in pollution.

‘accident management plan’ means a plan that identifies risks and failures which can have an impact on the environment or have environmental consequences. The plan forms part of the management system. The plan must minimise the potential causes and consequences and identify clearly, the roles, responsibilities and action to be taken to minimise the consequences of accidents. This includes measures to prevent and control fires on site (see fire prevention plan).

‘Air Quality Management Area’ means that defined in the Environment Act 1995, Part VI, 83(1) as amended.

‘Animal By-Products Regulations’ means The Animal By-Products Enforcement) (England) Regulations 2011 (SI 2011 No.881) and the Animal By-Products (Enforcement) (Wales) Regulations 2011 (SI 2011 No.600 W.88).

‘animal waste’ means any waste consisting of animal matter that has not been processed into food for human consumption. This does include, blood, feathers, uncooked butchers waste and any other animal waste that is not catering waste or former foodstuffs. This does not include faecal matter from animals.

‘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.

‘biodegradable’ means a material is capable of undergoing biological anaerobic or aerobic degradation leading to the production of CO2, H2O, methane, biomass, and mineral salts, depending on the environmental conditions of the process.

‘capacity’ means the potential capacity and not historical or actual production levels or throughput. Biological treatment of waste usually takes place over more than one day, so the physical daily capacity can be calculated by dividing the maximum quantity of waste that could be subject to biological treatment at any one time by the minimum residence time. For in-vessel composting, the residence time for sanitisation should be calculated separately and then aggregated to the complete composting time. Further guidance ‘RGN2: Understanding the meaning of regulated facility Definition of regulated facility’ is available.

‘channelled emission’ means emissions of pollutants into the environment through any kind of duct, pipe, stack etc. This also includes emissions from open-top biofilters.

‘closed system’ means a closed composting reactor or closed area (such as a building) in which waste is fully contained and efficient air management abatement systems are demonstrated. This may cover a wide range of technology and, where necessary, is in compliance with Animal By-Products Regulations.

‘competent persons and resources’ means that a technically competent person accredited to a relevant scheme must attend site and record their attendance, and that all roles and responsibilities are clearly stated in the management systems along with records of operatives’ training. See the guidance on the level of competence and duration of attendance.

‘compost’ means a solid particulate material that is the result of composting, which has been sanitised and stabilised, and which confers beneficial effects when added to soil, used as a component of growing media or used in another way in conjunction with plants.

‘compostable plastics’ means plastics that are certified to meet the standards of EN 13432, EN 14995 or equivalent and is capable of breaking down by microbial digestion to create compost.

‘composting’ means the managed biological decomposition of biodegradable waste organic materials, under conditions that are predominantly aerobic and that allow the development of thermophilic temperatures as a result of biologically produced heat and that result in compost.

‘composting batch’ means an identifiable quantity of material that progresses through the composting system and when fully processed has similar characteristics throughout. For composting systems that operate on a continuous or plug-flow basis, batches will be taken to mean a series of ‘portions of production’.

‘direct discharge’ means discharge to a receiving water body.

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

‘emissions to land’ includes emissions to groundwater.

‘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.

‘good habitat’ means rough (especially tussocky) grassland, scrub and woodland.

‘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.

‘groundwater source protection zone’ means as defined in the document titled Protect groundwater and prevent groundwater pollution published by the Environment Agency in 2017.

‘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’.

‘incidental contamination’ means low levels of incidental waste, for example plastic, that may be contained within the feedstock waste.

‘maturation’ means a stage when by agitating and turning the compost it no longer results in reheating and the monitored temperature falls to ambient without the compost being too dry or anaerobic. Phytotoxins that are formed during the ‘active’ composting phase are metabolised by micro-organisms, which will result in the final material not being harmful to plants. This usually coincides with drop in pH toward neutral, and the conversion of ammonia into nitrates and recolonisation of beneficial micro-organisms. The maturation phase may need active management by turning to prevent the material becoming anaerobic.

‘MCERTS’ means the Environment Agency’s Monitoring Certification Scheme.

‘nearest sensitive receptor’ means the nearest place to the permitted activities where people are likely to be for prolonged periods. This term would therefore apply to dwellings (including any associated gardens) and to many types of workplaces. We would not normally regard a place where people are likely to be present for less than 6 hours at one time as being a sensitive receptor. The term does not apply to those controlling the permitted facility, their staff when they are at work or to visitors to the facility, as their health is covered by Health and Safety at Work legislation, but would apply to dwellings occupied by the family of those controlling the composting facility.

‘operator’ means in relation to a regulated facility:

(a) the person who has control over the operation of the regulated facility

(b) if the regulated facility has not yet been put into operation, the person who will have control over the regulated facility when it is put into operation

(c) if a regulated facility authorised by an environmental permit ceases to be in operation, the person who holds the environmental permit

‘pests’ means birds, vermin and insects.

‘pollution’ means emissions as a result of human activity which may:

(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

‘post-consumer wood’ means manufactured treated wooden materials and products that have been discarded.

‘quarter’ means a calendar year quarter commencing on 1 January, 1 April, 1 July or 1 October.

‘representative internal’ means representative monitoring at a point inside the windrows that will give a representative assessment of internal temperature. Note: larger windrows will require more bespoke temperature equipment to assess temperature profiles accurately.

‘sanitisation’ means the actively managed and intensive stage of composting, lasting for at least 5 days, characterised by high oxygen demand and temperatures of over 55 degrees C, during which biological processes, together with conditions in the composting mass, eradicate human and animal pathogens or reduce them to acceptably low levels. The operator also needs to meet ABPR requirements.

‘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 via the system

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

‘secondary containment’ means a system that is capable of containing loss from all above ground and underground storage tanks and that complies with CIRIA standard 736 or equivalent standard of design and construction.

‘secure storage’ means that all reasonable precautions are taken to ensure that the waste, does not give rise to pollution, cannot escape and that members of the public are unable to gain access to the waste.

‘stable’ or ‘stabilise’ means the degree of processing and biodegradation at which the rate of biological activity has slowed to an acceptably low and consistent level and will not significantly increase under favourable, altered conditions.

‘stabilisation stage’ means the stage of composting following sanitisation, during which biological processes, together with conditions in the composting mass, give rise to compost that is nominally stable. Soluble carbon is usually not fully used and material is still considered to be in treatment. This stage is a managed process to prevent odours, dust and bioaerosols. There is also a residual risk of reheating and leachate breakout.

‘treated wood’ is any wood that has been chemically treated (for example, to enhance or alter the performance of the original wood). Treatments may include penetrating oils, tar oil preservatives, waterborne preservatives, organic-based preservatives, boron and organo-metallic based preservatives, boron and halogenated flame retardants and surface treatments (including paint and veneer).

‘year’ means calendar year commencing on 1 January.

End of standard rules.

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