Depositing dredged waste on land
This guide is for anyone who dredges inland waterways and wants to deposit the dredged waste on land. It does not apply to hydrodynamic dredging or waste disposal at sea.
Applies to England
Hydrodynamic dredging is the redistribution or disposal of dredged waste within a waterway.
There are different rules for disposal of waste at sea – check if you need a marine licence.
There are different permit options for depositing waste dredged from inland waterways onto land. These include a:
- registered exemption
- waste recovery activity permit
- waste disposal activity permit
Registered exemptions
Schedule 3 of the Environmental Permitting Regulations 2016 provides several exemptions from needing a permit to deposit dredged waste on land. These are:
- D1 waste exemption: depositing waste from dredging inland waters
- U1 waste exemption: use of waste in construction
- U10 waste exemption: spreading waste to benefit agricultural land
- U11 waste exemption: spreading waste on non-agricultural land
You must register the exemption before you use it.
You normally need to register an exemption for a particular address or place. For a U1 or D1 exemption you can register as a linear network such as a road, river, canal or railway.
If you are using dredged waste under a U1 exemption, you must read the linear networks guidance. It applies specific quantity limits.
Depositing dredged waste on land
Where you intend to deposit dredged waste on land for recovery or disposal and the activity is not exempt from needing a permit, you must apply for a standard rules permit or a bespoke permit.
Standard rules permits
Check if you can get a standard rules permit for storing, treating or using dredged waste. There are several standard rules permits that include dredged waste.
A standard rules permit is simpler than a bespoke permit, but is more limited. You must check the conditions of the standard rules permit and associated risk assessment to confirm that it covers your activity.
Bespoke permits
You must apply for a bespoke permit where depositing dredged waste is not exempt from needing a permit or covered by a standard rules permit.
Your bespoke permit application must demonstrate that you will comply with article 13 of the Directive on Waste.
Recovery of dredged waste on land
Where you cannot use a standard rules permit to deposit dredged waste on land, it may be a recovery activity. If this applies to you, provide a waste recovery plan to the Environment Agency and apply for a bespoke waste recovery permit.
Disposal of dredged waste on land: non Landfill Directive sites
Where you intend to dispose of dredged waste on land, your disposal operation does not need to meet the requirements of the Landfill Directive if both of the following apply:
- the dredged waste is non-hazardous
- you deposit the waste alongside the waterway you dredge it from
The Environment Agency has published guidance for landfill operators that you must use to develop your application. Your permit may require you to manage leachate and monitor landfill gas, surface water or groundwater depending on the risks your site presents.
Disposal of dredged waste on land: Landfill Directive sites
Your disposal operation must meet the requirements of the Landfill Directive if either of the following apply:
- the dredged waste is hazardous waste
- you want to deposit the dredged waste anywhere other than alongside the waterway you dredged it from
Where the Landfill Directive applies your landfill will be an installation activity if your site either:
- receives more than 10 tonnes of waste a day
- has a total capacity of more than 25,000 tonnes
Landfills permitted to accept inert waste are not installations.
You need to follow the standards for development, operations, control, monitoring, aftercare and surrender in the Environment Agency landfill guidance.
Meaning of alongside
Alongside means the deposit must be on land adjacent to the waterway. If the site of the deposit is not adjacent to the waterway, the Environment Agency will not normally accept that the deposit is alongside.
This is to make sure that leachate and runoff from the deposited waste occurs near the waterway it came from. This reduces the risk of pollution and requires less regulation.
Intermittent use
Your permit may require you to tell the Environment Agency when you intend to use your site. Where your site must be used in an emergency to deal with an incident, you must tell them when you started to use the site as soon as possible.
Permit reviews
If you have a bespoke permit, the Environment Agency will need to review it if they have not done so within the last 6 years. They may need to change your permit and update it to reflect regulatory standards. You can continue to operate under your existing permit while they review it.
Mixing dredged waste with other materials or waste
Where you mix dredged waste with other materials or waste to stabilise it before recovery or disposal, you must have a permit to treat that waste. You must classify the waste after it has been treated using the most appropriate European Waste Catalogue codes for the mixed waste product. You must send it to a recovery or disposal facility that is exempt or permitted to accept it.
You must not mix dredged waste with hazardous waste. Use the waste classification technical guidance to decide if your waste is hazardous.
If you plan to send dredged waste to a landfill site permitted under the Landfill Directive, you cannot mix or dilute it to meet the relevant waste acceptance criteria.