Guidance

T5 waste exemption: screening and blending waste

The T5 exemption allows you to temporarily treat waste on a small scale to produce aggregate or soil at a particular location, such as a construction or demolition site.

Applies to England

Types of activity you can carry out

These include:

  • screening soil on a demolition site to remove wood and rubble before sending the soil to a construction site to be reused
  • blending soil and compost that has been produced under an exemption on a construction site to produce better soil for landscaping on that site
  • crushing waste (except bricks, tiles and concrete) before screening or blending
  • grading waste concrete after it has been crushed to produce a certain type of aggregate

Types of activity you cannot carry out

You cannot:

  • import waste, treat it and then export it somewhere else (this applies even if the treated aggregate would meet the Quality Protocol standard and will no longer be considered waste)
  • treat waste where the main purpose is to dispose of it to landfill or incinerate it
  • crush waste tiles, bricks or concrete (see related exemptions)
  • treat hazardous waste

You do not need to register a T5 exemption (or apply for a permit) for the removal of bitumen asphalt road followed by crushing and screening by a cold milling machine and loading of that material directly into lorries for use elsewhere.

Types of waste you can treat

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.

Waste code Type of waste
010408 Waste gravel and crushed rocks not containing hazardous substances
010409 Waste sand and clay
020202 Shellfish shells from which the soft tissue or flesh have been removed only
030101 Untreated waste bark and cork only
030301 Untreated waste bark and wood
100101 Bottom ash, slag and boiler dust (excluding boiler dust containing oil fly ash and dust)
100115 Bottom ash, slag and boiler dust from co-incineration not containing hazardous substances
170101 Concrete
170102 Bricks
170103 Tiles and ceramics
170107 Mixtures of concrete, bricks, tiles and ceramics not containing hazardous substances
170201 Untreated wood only
170302 Bituminous mixtures not containing hazardous substances
170504 Soil and stones not containing hazardous substances
170506 Dredging spoil not containing hazardous substances
170508 Track ballast not containing hazardous substances
190599 Compost produced only by aerobic composting under the T23 exemption or standard rules permit SR2011 no.1 specifically, or by treating kitchen waste in a wormery under T26 exemption.
191205 Glass
191209 Aggregates only
191212 Gypsum recovered from construction materials only
191302 Solid waste from soil remediation not containing hazardous substances
191304 Sludge from remediation not containing hazardous substances
200202 Soil and stones

The amount of waste you can treat

You can store or treat:

  • up to 50,000 tonnes of bituminous mixtures for making roadstone
  • up to 5,000 tonnes of other waste under this exemption

over a 3-year period from the date of registering the exemption.

You cannot store waste for more than 12 months.

Conditions

You can only treat waste at the place where it is to be used or where the waste was produced.

When you have treated the waste there are 2 options available:

  • if the treated waste meets the requirements of a Waste Quality Protocol, it will no longer be considered waste
  • use the treated waste under an exemption or permit when it has not met the requirements of a Waste Quality Protocol

Related exemptions

These are related exemptions where you can use or treat waste:

Register a T5 exemption

You must register this exemption with the Environment Agency if you meet the requirements.

If you want to treat more than the amount of waste allowed under this exemption, you need to apply for an environmental permit.

If you want to import waste, treat it and export it elsewhere, you will need a site-based environmental permit.

If you want to crush bricks, tiles or concrete only, in amounts greater than the T7 exemption, you may need a Part B authorisation. Contact your local authority for more information.

Definitions

Hazardous waste – see How to classify different types of waste.

Updates to this page

Published 28 April 2014
Last updated 31 May 2017 + show all updates
  1. Text added for clarification: You do not need to register a T5 exemption (or apply for a permit) for the removal of bitumen asphalt road followed by crushing and screening by a cold milling machine and loading of that material directly into lorries for use elsewhere.

  2. Changed reference of 'dangerous substances' to 'hazardous substances' due to changes in the law.

  3. First published.

Sign up for emails or print this page