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This publication is available at https://www.gov.uk/government/publications/sr2021-no-11-small-metal-recycling-facility-less-than-5000-tonnes-a-year/sr2021-no-11-small-metal-recycling-facility-less-than-5000-tonnes-a-year
The Environmental Permitting (England & Wales) Regulations 2016
This introductory note is a non-technical summary and does not form a part of these standard rules. Operators will need to check all the rules in detail to make sure they can comply with them at all times.
Any standard permit issued for these rules by the Environment Agency will:
The permit allows a named operator to operate a metal recycling site and permits the sorting, separation, grading, manual feed shearing, baling, compacting, and cutting (using hand-held equipment only) of ferrous metals and non-ferrous metals at a specified location.
No more than 5,000 tonnes of metal recycling waste may be accepted at the facility each year.
Burning of any wastes, either in the open, inside buildings or in any form of incinerator is not permitted.
The operations must be undertaken in accordance with the fire prevention plan in Schedule 3 of this permit.
These rules do not allow any point source emission into surface waters or groundwater. However, under the emissions of substances not controlled by emission limits rule:
The facility must be a minimum distance from certain types of sensitive site. It cannot be within:
1.1.1 The operator shall manage and operate the following activities:
(a) in accordance with a written management system that identifies and minimises risks of pollution, so far as is reasonably practicable, including those risks 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 rule 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 and the management system.
1.1.4 The operator shall comply with the requirements of an approved competence scheme.
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 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 Waste Framework Directive
(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.
2.1.1 The operator is only authorised to carry out activities with the following descriptions:
(a) waste activity codes for recovery:
R4: Recycling or reclamation of metals and metal compounds
R13: Storage of wastes pending any of the operations numbered R1 to R12 (excluding temporary storage, pending collection, on the site where it is produced)
(a) sorting, separation, grading, cutting using hand-held equipment only, manual feed shearing, granulating, baling, and compacting, of ferrous metals and non-ferrous metals into different components for recovery
2.1.3 The activities are limited as follows:
(a) no more than 5,000 tonnes of waste shall be accepted each year
(b) no more than 100 tonnes of waste shall be on site at any one time
(c) no more than 5 battery boxes (total 5m3) of waste lead-acid vehicle batteries (waste code 16 06 01*) shall be stored at the site at any one time
(d) no more than 500kg or 100 units of intact waste vehicle catalytic converters (waste code 16 01 21* or 16 01 22) shall be stored at the site at any one time
(e) the maximum quantity of hazardous waste stored at the site shall not exceed 1.5 tonnes at any one time
(f) there shall be no treatment of batteries other than manual sorting and separating them from other wastes
(g) there shall be no treatment of catalytic converters, including decanning, other than manual sorting and separating the catalytic converters from other wastes
(h) treatment for the purpose of disposal shall not exceed 50 tonnes per day
(i) no waste shall be stored for longer than 3 years
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) 200 metres of a European site, Ramsar, Site of Special Scientific Interest, or Marine Conservation Zone
(b) 50 metres of a National Nature Reserve, Local Nature Reserve, Local Wildlife Site, Ancient Woodland or Scheduled Ancient Monument
(c) 50 metres of a site that has species or habitats protected under the Biodiversity Action Plan that the Environment Agency considers at risk to this activity
(d) a groundwater source protection zone 1, or where a source protection zone has not been defined then not within 100 metres of any well, spring or borehole used for the supply of water for human consumption (including private water supplies)
2.3.1 Waste shall only be accepted at the site if all the following apply:
(a) it does not consist solely or mainly of dust, powder or loose fibres
(b) it is not in a form which is either sludge or liquid
(c) it conforms to the description in the transfer documentation supplied by the producer and holder
(d) it falls within the waste codes and descriptions given in Schedule 1 of these rules
2.3.2 Any waste that does not comply with rule 2.3.1 shall be rejected and moved to a designated quarantine area pending removal to a facility able to accept that waste.
2.3.3 Records demonstrating compliance with rule 2.3.1 and rule 2.3.2 shall be maintained and kept for at least 2 years.
2.4.1 The activities shall, subject to the rules of this permit, be operated using the following techniques:
(a) all waste shall be kept secure
(b) all waste shall be stored and treated on an impermeable surface with a sealed drainage system
(c) lead-acid batteries shall be stored upright in containers with the electrical connectors taped or capped and pointing upwards. The containers shall be impermeable with an acid resistant base and, unless stored under weatherproof covering, a lid to prevent ingress of water
(d) catalytic converters will be stored in a manner that prevents the metal casing being damaged or pierced. If the metal casing becomes damaged the catalytic converter should be either double bagged or wrapped in a minimum of 400 gauge polyethylene
3.1.1 There shall be no point source emissions to water, air or land – except:
(a) liquids may be discharged into a sewer subject to a consent issued by the local sewerage undertaker
(b) liquids may be taken off-site in a tanker for disposal or recovery
(c) clean (uncontaminated) surface water from roofs, or from areas of the site that are not being used in connection with storing or handling waste, may be discharged directly to surface waters, or to groundwater by seepage through the soil via a soakaway
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.
(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 All liquids in containers, whose emission to water or land could cause pollution, shall be provided with secondary containment, unless the operator has used other appropriate measures to prevent or where that is not practicable, to minimise, leakage and spillage from the primary container.
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.
(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
3.4.1 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.
(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
3.5.1 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 the fire prevention plan in Schedule 3 of this permit.
4.1.1 All records required to be made by these standard rules shall:
(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:
(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.
4.2.1 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. Where reports and notifications must be made immediately, they may be provided verbally by telephone to the Environment Agency Incident Hotline 0800 80 70 60.
4.2.2 Within one month of the end of each year, 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 year.
(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, using the Environment Agency Incident Hotline 0800 80 70 60 if the report is being made verbally
(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 rule the operator must immediately do both of the following:
(i) inform the Environment Agency, using the Environment Agency Incident Hotline 0800 80 70 60 if the report is being made verbally
(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
4.2.4 Written confirmation of actual or potential pollution incidents and breaches of emissions shall be submitted within 24 hours.
4.2.5 Following the detection of an event listed in rule 4.2.3, the operator shall review and where necessary revise the management system and implement any changes as necessary to minimise the risk of reoccurrence of the issue.
4.2.6 Where the Environment Agency has requested in writing that it shall be notified when the operator is to undertake monitoring or spot sampling, the operator shall inform the Environment Agency when the relevant monitoring 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.
4.2.7 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 the following apply:
(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 the following apply:
(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 the following apply:
(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 or address
(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
(iv) any closure of the site longer than 21 days
4.3.1 In these standard rules the expressions listed in this rule (4.3) shall have the meaning given.
“accident” means an accident that may result in pollution.
“ancient woodland” means any area that has been wooded continuously since at least 1600 AD.
“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.
“baling” means baling that utilises a hydraulic machine that using compressive forces compacts various materials into regular-shaped dense bales (typically a cube). Bales may be belted with straps or steel wire to keep the bale in its compacted state; although for most metal bales this is not necessary. Baled scrap metal may be easier to handle, store and transport than loose scrap.
“cutting using hand-held equipment” means cutting typically utilising either an oxy-acetylene gas cutting torch or abrasive disc cutter tool to cut or resize large pieces of scrap metal into more manageable sizes; powder torches and plasma torches may be used to cut heat-resistant scrap (for example, pig iron, copper, bronze).
“decanning” means cutting open the metal casing surrounding the honeycomb centre of a catalytic converter.
“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.
“European Site” means Special Area of Conservation or candidate Special Area of Conservation or Special Protection Area or proposed Special Protection Area in England and Wales, within the meaning of Council Directives 79/409/EEC on the conservation of wild birds and 92/43/EEC on the conservation of natural habitats and of wild flora and fauna and the Conservation of Habitats and Species Regulations 2010. Internationally designated Ramsar sites are dealt with in the same way as European sites as a matter of government policy and for the purpose of these rules will be considered as a European Site.
“grading” means the sorting of metals to industry-agreed specifications ready for use, without the need for further treatment, by the end consumer to manufacture new metals.
“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.
“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” given in this rule.
“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, or (d) impair or interfere with amenities and other legitimate uses of the environment
“quarter” means a calendar year quarter commencing on 1 January, 1 April, 1 July or 1 October.
“R” means a recovery operation provided for in Annex II to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on Waste.
“Ramsar site” means a wetland of international importance, designated under the Ramsar Convention (an international agreement signed in Ramsar, Iran, in 1971). It is government policy to treat Ramsar sites the same as European sites.
“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
“separation” means separating wastes into different material types, components and grades.
“shearing” means utilises a range of hydraulic machinery that comprise hard steel blades which cut metals into manageable sizes. It may be hand-held, static, or attached to mobile plant (such as cranes). For the purposes of this permit the shear must be manual feed only.
“sorting” means sorting that may be undertaken by hand or machinery. Sorting enables materials to be processed or recycled appropriately. It may involve separation of different waste types or the separation of different metal types including:
The sorted metals are graded by visual inspection, supplemented by chemical and other laboratory tests. The physical sorting may be assisted by conveyors and electromagnets.
“SSSI” means Site of Special Scientific Interest within the meaning of the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000).
“waste code” means the 6 digit code referable to a type of waste in accordance with the List of Wastes and in relation to hazardous waste, includes the asterisk.
“Waste Framework Directive” or “WFD” means Waste Framework Directive 2008/98/EC of the European Parliament and of the Council on waste, as read in accordance with Schedule 1A to the Environmental Permitting (England and Wales) Regulations 2016.
“year” means calendar year commencing on 1 January.
Plan 1 – Site specific plan (or plans) of activities at the site. These must include a site-specific plan (or plans) drawn to a scale that is large enough to clearly identify activities, buildings, working areas, plant and equipment that are critical to the safe operation of the site.
Plan 2 – Site specific plan (or plans) of drainage and pollution control at the site. It must include a site-specific plan (or plans) drawn to a scale that is large enough to clearly identify all aspects of drainage and pollution control at the site.
Plan 3 – Site specific plan of sensitive receptors within a 1km radius of the site. It must include a site-specific plan (or plans) drawn to a scale that is large enough to clearly identify all sensitive receptors located within a 1km radius of the site that could be affected by a fire.
Sites that store combustible wastes pose a risk from fires. Fires can cause impacts to receptors off site, for example from smoke plumes and from firewater runoff created by firefighting activities.
This fire prevention plan (FPP) sets out requirements to meet the 3 objectives of the fire prevention plan guidance. The 3 objectives are to:
This plan and its requirements are in addition to any fire risk assessments required by The Regulatory Reform (Fire Safety) Order 2005 or other legislation.
Further guidance on FPP can be found in Environment Agency guidance available on GOV.UK.
The permit holder shall ensure the effective implementation of this fire prevention plan (FPP). This includes:
All staff and contractors working on site must be aware of this FPP and where it is located. Training shall be given so everyone on site knows:
Records of staff training shall be retained. Refresher training shall be provided on at least an annual basis, after any near miss or incident of fire on the site or where the objectives of this FPP are no longer met.
This FPP shall be periodically tested (every 6 months as a minimum) to ensure it is fit for purpose and is adapted to meet any changes in the operation of the site.
Site staff must immediately report to senior management any activity or events, including near misses, which could increase the risk of fire on the site.
All checks required by this FPP shall be recorded and kept available for inspection by the Environment Agency (for example, in the site diary or management system records).
The 3 plans specified in Schedule 2 form part of this permit and this fire prevention plan. The site activities shall be operated in accordance with these plans, unless otherwise agreed in writing by the Environment Agency.
The plans shall be reviewed and updated if the activities carried out on site, the site layout, or the drainage and pollution control measures change.
As a minimum the sensitive receptor plan or plans shall be reviewed every 12 months to ensure they accurately reflect the nearby sensitive receptors.
The following are the common types of combustible wastes and materials that could be stored at small metal recycling sites.
Other combustible materials associated with small metal recycling sites include:
The following are the common causes of fires at small recycling sites.
The following sections contain the measures and requirements that shall be put in place to prevent the common causes of fires given in section 6.
There is a risk of short circuits and fire if batteries are damaged, allowed to get wet, or the terminals come into contact with other terminals. To minimise the risk of fires caused by batteries the following procedures shall be put in place:
For the purposes of this fire prevention plan ‘hot works’ are welding, cutting and shearing activities. Hot works could ignite combustible materials so the following measures and procedures must be in place:
In addition to the hot works safe working practices in section 7.2, the following additional measures shall be put in place to prevent fires on the site caused by other ignition sources:
To prevent unauthorised entry and the potential for arson there shall be site security measures in place, including but not limited to, the following:
To minimise the risk of fire the following actions shall be taken:
Fires can be caused by electrical faults within plant or equipment. To minimise the risk of fires the following measures shall be in place:
To reduce the risk of self-combustion:
Only metal wastes listed in Schedule 1 to this permit shall be accepted. These metal wastes must not be contaminated with other non-metallic wastes (contrary materials) which would potentially increase the risk of fire and pollution. The following measures shall be put in place to reduce the risk of fire:
unauthorised batteries shall be removed from site and taken to a suitably permitted facility at least once a month If the unauthorised batteries are lithium primary or lithium ion batteries, they present a greater fire risk than other batteries. Fires can start if the battery is:
To prevent fires occurring any battery that is, or is suspected to be, a lithium or lithium ion battery, shall be checked for damage and stored in a watertight, lidded container filled with sand or vermiculite. The container shall be capable of protecting the battery or batteries stored within it from damage. This container:
These batteries shall be removed from site as soon as practicable, or within 1 month.
This permit includes some tonnage restrictions including:
All combustible wastes must be stored a minimum of 6 metres from all the following areas:
Combustible waste shall not be stored within:
Where safe to do so, waste and materials not involved in a fire shall be removed from the vicinity of any fire to prevent fire from spreading.
In the event of a fire and if necessary, containers shall be moved to improve access to the firefighting area. Containers shall be accessible from at least one side to enable firefighting.
There shall be systems in place to detect fires both during working hours and out of working hours and the following measures shall be in place:
The following measures shall be in place:
fire extinguishers or sand, or other suppression measures shall as a minimum be located in the:
In the event of a fire during operating hours:
The available water supply required is 138,600 litres of water. One of the following water sources must be available for the site.
A hydrant conforming to British Standard 750 or equivalent must be located within 100 metres of the site access and maintained by the Fire and Rescue Service or other competent maintenance organisation
Water must be available on site in a tank or other storage facility of not less than 20,000 litres. The coupling on the tank must be agreed with the local Fire and Rescue Service as compatible with their equipment. This tank or storage facility must be checked at least once a week to ensure it is holding 20,000 litres.
You must ensure that fire water is contained and prevent it from reaching sensitive receptors or causing pollution. In a worst-case scenario this could be up to 138,600 litres of water. Fire water shall be contained using a combination of:
Following a fire and before any waste is accepted on to site the following actions shall be carried out:
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