End of waste: anaerobic digestate produced from anaerobic digestion of source-segregated biodegradable waste
1. The purpose of this guidance
This guidance is for regulated anaerobic digestate producers wanting to process their source-segregated biodegradable wastes to meet end of waste requirements within Article 6 of the revised Waste Framework Directive.
It is to support certification bodies, providing third party accreditation under the Renewable Energy Assurance Ltd certification schemes, when carrying out their certifications.
This guidance will also be beneficial to end users of waste derived digestate who may want to review appropriate processes and end of waste status for digestate they accept for use.
It clarifies when digestate produced from the anaerobic digestion of source-segregated biodegradable waste (biowaste) is no longer considered waste.
This guidance will also help you understand when digestate meets end of waste (Article 6 of the Waste Framework Directive). This is so you can:
- be confident that the quality of digestate produced is suitable for use, for a specific purpose
- protect human health and prevent pollution of the environment, including soil
- understand when waste management controls no longer apply
- be confident that the quality of digestate produced meets an approved standard
2. Waste you can use
Chapter 02 01
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
| Waste code | Description | Restrictions |
|---|---|---|
| 02 01 01 | Sludges from washing and cleaning | Only vegetables, fruit and other crops |
| 02 01 02 | Animal tissue waste | None |
| 02 01 03 | Plant tissue waste | Includes straw, other crop residues, riverine vegetation and spent growing media based on plant issues, such as compost derived from source-segregated biodegradable waste, peat and bark |
| 02 01 06 | Animal faeces, urine and manure | Includes animal faeces, urine, manure and spoiled fully biodegradable bedding |
| 02 01 07 | Wastes from forestry | Only green waste and plant tissue |
| 02 01 99 | Wastes not otherwise specified | Only spent mushroom compost or discarded mushrooms from commercial mushroom cultivation |
Chapter 02 02
Wastes from the preparation and processing of meat, fish and other foods of animal origin
| Waste code | Description | Restrictions |
|---|---|---|
| 02 02 01 | Sludges from washing and cleaning, peeling, centrifuging and separation including wash waters and sludges from secondary food processing or the cook chill sector | None |
| 02 02 02 | Animal tissue waste | May include blood and animal gut contents |
| 02 02 03 | Material unsuitable for consumption or processing | May include gut contents, shells and shellfish wastes. Includes sludges from gelatine production. |
|
02 02 04 |
Sludges from on-site effluent treatment | Only wastes from preparation and processing of meat, fish and other foods of animal origin |
Chapter 02 03
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing, conserve production, yeast and yeast extract production, molasses preparation and fermentation
| Waste code | Description | Restrictions |
|---|---|---|
| 02 03 01 | Sludges from washing, cleaning, peeling, centrifuging and separation | Only sludges from food processing. |
| 02 03 04 | Materials unsuitable for consumption or processing | Only biodegradable waste. There must be no chemical additives or toxin residues present. |
| 02 03 05 | Sludges from on-site effluent treatment or processing sludge from production of edible fats and oils including seasoning residue | None |
Chapter 02 04
Wastes from sugar processing
| Waste code | Description | Restrictions |
|---|---|---|
| 02 04 03 | Sludges from on-site effluent treatment | Only biological sludge |
Chapter 02 05
Wastes from the dairy products industry
| Waste code | Description | Restrictions |
|---|---|---|
| 02 05 01 | Materials unsuitable for consumption or processing | Includes raw milk. Must only be biodegradable waste |
| 02 05 02 | Sludges from on-site effluent treatment | None |
Chapter 02 06
Wastes from the baking and confectionary industry
| Waste code | Description | Restrictions |
|---|---|---|
| 02 06 01 | Materials unsuitable for consumption or processing | Only biodegradable waste |
| 02 06 03 | Sludges from on-site effluent treatment | None |
Chapter 02 07
Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa)
| Waste code | Description | Restrictions |
|---|---|---|
| 02 07 01 | Wastes from washing, cleaning and mechanical reduction of raw materials | Only biodegradable wastes from the processing of the raw materials used in the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) |
| 02 07 02 | Wastes from spirits distillation | Only spent grains, hops and whisky filter sheets and cloths, yeast and yeast like residues, sludge from the distillation process, or malt husks, malt sprouts, yeasts and yeast-like residues |
| 02 07 04 | Material unsuitable for consumption or processing | Only biodegradable wastes from processing raw materials used in producing alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) |
| 02 07 05 | Sludges from on-site effluent treatment | Only sludges from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) |
Chapter 03 03
Wastes from pulp, paper and cardboard production and processing
| Waste code | Description | Restrictions |
|---|---|---|
| 03 03 10 | Fibre rejects, fibre-, filler- and coating-sludges from mechanical separation | Only allowed if not mixed with, or does not contain, de-inking sludge |
| 03 03 11 | Sludges from on-site effluent treatment other than those mentioned in 03 03 10 | Only allowed if not mixed with, or does not contain, de-inking sludge |
Chapter 04 02
Wastes from the textile industry
| Waste code | Description | Restrictions |
|---|---|---|
| 04 02 10 | Organic matter from natural products (for example grease, wax) | Only biodegradable material |
| 04 02 21 | Wastes from unprocessed textile fibres | Only biodegradable material |
Chapter 07 01
Wastes from the manufacture, formulation, supply and use (MFSU) of basic organic chemicals
| Waste code | Description | Restrictions |
|---|---|---|
| 07 01 08* | Other still bottoms and reaction residues |
Only glycerol waste from biodiesel manufacture from non-waste vegetable oils |
(*) hazardous waste
Chapter 15 01
Packaging (including separately collected municipal packaging waste)
| Waste code | Description | Restrictions |
|---|---|---|
| 15 01 01 | Paper and cardboard packaging |
Only if:
|
| 15 01 03 | Wooden packaging | Only virgin timber |
|
15 01 05 |
Composite packaging |
Only if each component:
|
Chapter 16 10
Aqueous liquid wastes destined for off-site treatment
| Waste code | Description | Restrictions |
|---|---|---|
| 16 10 02 | Aqueous liquid wastes other than those mentioned in 16 10 01 |
Includes:
Liquor or leachate must come from a composting process that:
|
Chapter 19 02
Wastes from physico/chemical treatments of waste (including dechromatation, decyanidation, neutralisation)
| Waste code | Description | Restrictions |
|---|---|---|
| 19 02 03 | Premixed wastes composed only of non-hazardous wastes |
This must:
|
| 19 02 06 | Sludges from physico-chemical treatment other than those mentioned in 19 02 05 |
This must:
|
| 19 02 10 | Glycerol not designated as hazardous |
Excludes 19 02 08 |
Chapter 19 05
Wastes from aerobic treatment of solid wastes
| Waste code | Description | Restrictions |
|---|---|---|
| 19 05 01 | Non-composted fraction of municipal and similar wastes |
This must:
|
| 19 05 02 | Non-composted fraction of animal and vegetable wastes |
This must:
|
| 19 05 03 | Off-specification compost |
The compost must only come from the input types allowed by this guidance or the anaerobic digestate guidance. This includes oversize material that comes from screening the compost. Must be made up of previously sanitised batches. |
Chapter 19 06
Wastes from anaerobic treatment of waste
| Waste code | Description | Restrictions |
|---|---|---|
| 19 06 03 | Liquor from anaerobic treatment of municipal waste |
This must:
|
| 19 06 04 | Digestate from anaerobic treatment of municipal waste |
This must:
Must not contain wastes that come from mechanical biological treatment facilities |
| 19 06 05 | Liquor from anaerobic treatment of animal and vegetable waste |
This must:
Must not contain wastes that come from mechanical biological treatment facilities |
| 19 06 06 | Digestate from anaerobic treatment of animal and vegetable waste |
This must:
Must not contain wastes that come from mechanical biological treatment facilities |
Chapter 19 08
Wastes from waste water treatment plants not otherwise specified
| Waste code | Description | Restrictions |
|---|---|---|
| 19 08 09 | Grease and oil mixture from oil and water separation containing only edible oils and fats | None |
| 19 08 12 | Sludges from biological treatment of industrial waste water (from a process that treats wastes which are identified in this guidance) |
Must only be from a process that treats wastes identified in this guidance |
Chapter 19 12
Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
| Waste code | Description | Restrictions |
|---|---|---|
| 19 12 12 | Other wastes (including mixtures of materials) from mechanical treatment of wastes other than those mentioned in 19 12 11 |
This must:
|
Chapter 20 01
Separately collected fractions (except 15 01)
| Waste code | Description | Restrictions |
|---|---|---|
| 20 01 01 | Paper and cardboard | This must meet the restriction for the corresponding waste type in Note 1 at the end of this section. Must not contain any non-biodegradable coating or preservative. |
| 20 01 08 | Biodegradable kitchen and canteen waste |
This must meet the restriction for the corresponding waste type in Note 1 at the end of this section |
| 20 01 25 | Edible oil and fat |
None |
Chapter 20 02
Garden and park wastes (including cemetery waste)
| Waste code | Description | Restrictions |
|---|---|---|
| 20 02 01 | Biodegradable waste |
This must be biodegradable material such as:
It must not contain:
|
Chapter 20 03
Other municipal wastes
| Waste code | Description | Restrictions |
|---|---|---|
| 20 03 01 | Mixed municipal waste | This must be separately collected biodegradable wastes that are the types allowed by this guidance. Any food packaging must meet the restriction for the waste type in Note 1 at the end of this section. |
| 20 03 02 | Waste from markets | This must be separately collected biodegradable wastes that are the types allowed by this guidance. Such as plant material, fruit and vegetables. Any food packaging must meet the restriction for the waste type in Note 1 at the end of this section. |
Note 1
You can only use industrially compostable packaging and non-packaging items that are independently certified as compliant with at least one of the following:
- EN 13432
- EN 14995
- ASTM D6400
You can only use home compostable packaging and non-packaging items that are independently certified as compliant with at least one of the following:
- EN 17427
- AS 5810-2010
- NF T51-800
- TÜV Austria’s certification requirements for home compostable packaging under their ‘OK compost HOME scheme’
3. End of waste
Digestate will have met the end of waste test, and not be considered waste if all of the following are met:
- It has been produced using only the source-segregated biodegradable wastes listed above.
- The waste must have been stored and processed in line with the specification defined in BSI PAS110, with the additional quality standard:
- The maximum allowed concentration of plastic in the digestate and other products derived from it is 8% of the ‘total physical contaminants (excluding stones)’ limits in Table 1 of BSI PAS110.
- Certification has been obtained confirming compliance with BSI PAS110 (as set out in section 6).
- It needs no further treatment other than the methods described in BSI PAS110 before the intended use
- It meets any extra specification requested by and agreed with your customer
- There is certainty of use for the material (see section 3 and 4)
- Records are kept, in line with section 5, to evidence how the requirements of end of waste are satisfied for the quality and quantity of the digestate produced, including certainty of use and nutrient management plan requirements.
Certified digestates held in storage with no specific and confirmed use for the quality and quantity stored, suggests that there is no specific purpose and no demand exists for this material. In those circumstances the material will be considered a waste. This means you must follow waste management controls.
4. Use of digestate
The use of the digestate must comply with the requirements of this guidance, relevant legislation and land management agreements. Relevant legislation may include but is not limited to:
- Animal By-Products Regulations
- Control of Agricultural Pollution Regulations
- Codes of Good Agricultural Practices
- Groundwater protection - GOV.UK
- Natural Resources Wales / Find protected areas of land and sea
- Assessing environmental impact in agriculture | Sub-topic | GOV.WALES
Failing to do this, or to comply with waste management controls when you cannot show compliance with end of waste criteria, may be an offence.
5. Nutrient management plans
Digestate should only be used to supply the required nutrients at the appropriate application rate, time, frequency and place to meet crop need or agricultural benefit.
To ensure this is communicated to customers, when supplying digestate to agriculture, your digestate supply documentation must tell the customers that
- they must have a written nutrient management plan (NMP) to include all nutrients from all sources before use
- they must apply digestate in line with the NMP, taking into account any other organic manures and manufactured fertilisers, at rates that do not exceed soil and crop need
- they are responsible for following their NMP.
- where there is no soil and crop need for the digestate, it is considered waste and they must follow waste management controls
If you do not do this, NRW may take action in line with its enforcement and sanctions policy.
6. Record keeping
Record your incoming waste. Your records need to include:
- the waste code and waste description, in compliance with your environmental permit or exemption
- its volume or weight
- the source of the waste
- the date of delivery
- the name and address of supplier
- the name and address of carrier
- your method for confirming the waste is acceptable input material and, if it’s not acceptable (including only in part), your rejection reasons and what you did with the rejected waste
Record your outgoing product. Retain copies of customer supply documentation (for 4 years as set out in section 6), including details of customer obligations for the use and NMP requirements (where appropriate), as set out in section 4.
Include a declaration in your customer supply documentation that the final product meets:
- BSI PAS110
- the requirements of the end of waste criteria in this document
- any additional customer specifications (as agreed between the supplier and the customer)
You must make all records available for inspection when requested.
7. Certification
You must show you comply with the requirements of this document, including all the conditions of BSI PAS110. You must prove this to a certification body that is:
- appointed by the Biofertiliser Certification Scheme
- operating in line with scheme rules agreed with NRW
- accredited, or can demonstrate working towards accreditation to ISO 17065:2012 (or its latest equivalent) by the United Kingdom Accreditation Service (UKAS), maintained annually
As part of the certification process, you must:
- make and keep records for a minimum of 4 years, following the guidance in section 5
- make these records available to the certification body for certification purposes
NRW will agree scheme rules if:
- the method of certification shows that the requirements of this end of waste criteria and BSI PAS 110 are being met
- compliance is certified annually by an independent certification body that is accredited as detailed above.
- the accredited certification body is accredited to certify digestate
- certification verifies source documentation, evidence of site management procedures (including compliance with the quality management system) and laboratory test results
- the certification body or its authorised contractor carries out at least one site inspection a year to check and confirm on-site documentation
- an impartial committee oversees the certification process
8. Manure and slurry
Livestock manure and slurry treated through Anaerobic Digestion (AD) is a waste treatment and will be subject to waste regulations, including the need for an environmental permit or exemption under the Environmental Permitting Regulations.
NRW will consider digestate from treated livestock manure and slurry to have ceased to be waste without requiring certification to PAS110:2014 where the feedstock to the authorised AD plant is livestock manure and slurry only (EWC 02 01 06) or is only mixed with non-waste feedstock e.g. crops grown specifically for AD, provided that:
- you comply with the other requirements in section 2 of this guidance for certainty of use and record keeping (the last two listed bullet points in section 2)
- the digestate is used on agricultural land
- you can demonstrate and provide evidence that use of the digestate will not present a risk of causing environmental harm (section 3 and 4 of this guidance).
If the livestock manure and slurry feedstock is mixed with other waste feedstocks, e.g. animal feed and green waste including any crops not specifically grown for AD such as discarded vegetables and excess silage, then the resultant digestate will be regulated as waste unless it meets all of the end of waste criteria set out within this document, including requiring certification in line with section 6.
Digestates derived from the treatment of livestock manure and slurry held in storage with no specific and confirmed use for the quality and quantity stored, suggests that there is no specific purpose and no demand exists for this material. In those circumstances the material will be considered a waste. This means you must follow waste management controls.
During an outbreak of an animal disease, section 7 of this guidance will not apply and specific controls will be required to be followed under the advice of the Animal and Plant Health Agency and any specific Regulatory Statements relating to Animal Disease Outbreak issued by NRW.
9. Loss of non-waste status
Digestate meeting these end of waste criteria will become waste again (meaning you must follow waste management controls) if, at any stage:
- it is discarded
- the holder intends to or is required to discard it
- it is applied in excess of soil and crop requirements
- it is stored indefinitely with little prospect of being used
The above applies to anyone holding stores of digestate, not just producers.
10. Mixing waste and non-waste
If digestate that meets end of waste criteria is mixed with waste material, the whole mixed volume becomes waste and waste management controls must be followed.
If digestate that meets end of waste criteria is mixed with other non-waste material, the whole mixed volume is not waste. Doing this is not considered further treatment. For example, blending compost which has met end of waste criteria for compost with digestate that has met end of waste criteria is not a waste activity, as neither material is waste.
11. Standards and specifications
BSI PAS110
British Standard Institution's PAS 110:2014 Producing Quality Anaerobic Digestate (BSI PAS110). You can download free copies of BSI PAS110 from:
Responsible sourcing scheme
If you supply digestate as a growing medium ingredient to the horticulture sector, you must only supply it to an accredited member of the responsible sourcing scheme.
You must agree the digestate quality specification in writing with each member of the responsible sourcing scheme you supply. The quality specification must include (but is not limited to) physical contaminants and stability or maturity limits.
12. Review and compliance
NRW will review this guidance as required, and can withdraw or amend it at anytime if considered necessary (for example, if there is evidence of abuse of the guidance, there are pollution incidents related to materials claimed under this guidance, there is a change in legislation or scientific evidence etc).
If the procedures outlined within this document are not followed to demonstrate end of waste for digestate, NRW may take action in line with its enforcement and sanctions policy.