With regard to C&D recycling, whats the definitive answer on when aggregate ceases to be waste

Anonymous asked the following:

I'm currently operating under an existing Paragraph 13 exemption. Local EA officers are saying that the only definite time that aggregates cease to be waste are when they are produced strictly under WRAP, for bespoke requirements. Yet a national aggregate supplier local to my site recycles under a para 13, outside of WRAP, and I regularly buy their products. My EA officer tells me that technically this material is still waste, and the receiving site requires a Para 19 exemption in order to incorporate the recycled material into the permanent works.
This requires a legal answer that I am not qualified to give. However, I believe that your local EA officer is correct. My understanding is that waste only becomes recycled aggregate when it is placed on the market as complying with a recognised EN Standard (or, in some cases, one of the earthworks categories in SHW). This requires compliance with requirements for Factory Production Control, as outlined in the WRAP Protocol. SHW Clause 710 also requires compliance with the WRAP Protocol for highway works. The Aggregain website may be useful source of additional information. I also understand that some of the rules will change over the coming weeks.