Regarding the point of material being able to be re-sold that does not mean the material would not still be regarded as waste under the terms of the EU directive on waste. The material becomes waste "once there is an intention to discard the material". Therefore if the material is regarded as surplus to requirements at the stable it is likely to be regarded as waste material under the directive.
Also if there was not a recycled use for the material close by where would it go most likely for disposal. Therefore it is likely to be regarded as waste material.
Worth noting that such EA documents as the CLAIRE code of practice are fudges and include wording such as "the EA will not regard as waste" i.e. that doesn't mean it isn't just that the EA will not consider it waste for the purposes of enforcement.
Also worth noting that as with all of these things EA says if you breach compliance with the code of practice the material will become waste and they may take enforcement action. Implying the material was waste in the first place.
My advice in ALL circumstances like this is to consult the EA early and get their view in writing before promising anything to a client regarding whether the material is waste or not.
Brad Balmer, BSc(Hons), FRSC
Associate Director, Land & Development
ATKINS
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-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Clive Williams
Sent: 04 March 2014 13:42
To: [log in to unmask]
Subject: Re: Waste or not waste?
"......surely you could also argue that the material could be sold off as it is anyway and therefore doesn't fall into the definition of waste as it is not being discarded?"
You need to be careful with this, just because your waste can be reused by someone else without any form of treatment does not mean your waste is not waste. The rubber chippings are being discarded by the first stables as waste; the fact the second stables wants them as they are does not mean they are not waste.
Karen's suggestion of the U8 exemption seems perfect for this scenario, I have lost track of the various exemptions these days as we don't tend to use them anymore.
Regards
Clive
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