D5 waste exemption: depositing waste samples for testing or analysis

The D5 exemption allows you to deposit and store waste samples when required to comply with or enforce specified regulations, or before testing and analysis for research.

Applies to England

Types of activity you can carry out

These include:

  • a waste management company deposits and stores a sample of waste for testing, to make sure it has the correct description of the waste for Duty of Care purposes
  • waste is collected and stored before being analysed to find out the range of constituents making up a waste stream and its potential uses

Types of activity you cannot carry out

You cannot:

  • carry out field research under this exemption, as it only permits storing and depositing waste before it is tested or analysed

Types of waste you can deposit

The waste codes are those listed in the List of Wastes (LoW) Regulations. You need to make sure your waste fits within the relevant waste code and description.

Type of waste

Only samples of waste collected as listed under key conditions.

Quantity of waste you can deposit

You can deposit or store up to 10 tonnes of waste at any one time.

You can store the waste for up to 12 months or longer if ordered by a court.

Key conditions

Samples of waste collected in the following circumstances may be deposited or stored under this exemption before testing or analysis.

Exercising power under:

  • Chapter 12 of the Radioactive Substances Act 1993
  • Chapter 40 of the Control of Pollution Act 1974
  • Section 5 of the Control of Pollution (Amendment) Act 1989 (as amended by Section 37 of the Clean Neighbourhoods and Environment Act 2005)
  • The Environmental Protection Act 1990
  • The Water Resources Act 1991
  • Chapter 56 of the Water Industry Act 1991
  • The Waste Electrical and Electronic Equipment Regulations 2006 (as amended)
  • The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
  • Regulation 88 of the Waste Batteries and Accumulators Regulations 2009
  • by or on behalf of the holder of an environmental permit
  • by or on behalf of a person carrying on in relation to the waste:
    • a waste operation covered by an exemption
    • a waste operation carried out under a licence issued under the Food and Environment Protection Act 1985 (or not needing a licence by an order made under that Act)
  • by or on behalf of the owner or occupier of the land from which the samples are taken
  • by or on behalf of any person to whom Section 34(1) or 34(1A) of the Environmental Protection Act 1990 (as amended) applies in connection with that person’s duties under that section
  • by or on behalf of any person to whom the Transfrontier Shipment of Waste Regulations 2007 apply in connection with that person’s duties under those regulations.
  • for the purposes of research

What else you need to know

Hazardous waste is subject to the Hazardous Waste Regulations.

Register a D5 exemption

You need to register this exemption with us if you meet the requirements:

Published 12 September 2019