Guidance

Storing and dewatering non-hazardous iron ochre sludge from abandoned coal mines: RPS 262

Published 22 September 2022

Applies to England

© Crown copyright 2022

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/storing-and-dewatering-non-hazardous-iron-ochre-sludge-from-abandoned-coal-mines-rps-262/storing-and-dewatering-non-hazardous-iron-ochre-sludge-from-abandoned-coal-mines-rps-262

This regulatory position statement (RPS) does not change your legal obligations to get an environmental permit when you store and dewater non-hazardous iron ochre sludge produced in settlement lagoons at an abandoned coal mine water treatment scheme.

However, the Environment Agency will not normally take enforcement action against you if do not comply with these legal requirements provided:

  • your activity meets the description set out in this RPS
  • you comply with the conditions set out in this RPS
  • your activity does not cause (and is not likely to cause) pollution of the environment or harm to human health

1. When this RPS applies

This RPS only applies to storing and dewatering non-hazardous iron ochre sludge produced from treating discharges to water from abandoned coal mines.

Iron ochre sludge is iron hydroxide (Fe(OH)3) liquid sludge which is produced in settlement lagoons during treatment of mine waters from abandoned coal mines.

The sludge must be dewatered in a purpose-built drying bed at a site controlled by the Coal Authority or their contractors. It applies to iron ochre sludge that is:

  • produced on site
  • imported from another mine water treatment site controlled by the Coal Authority or their contractors

2. Conditions you must comply with

You must:

  • store and dewater iron ochre sludges at a site which is controlled by the Coal Authority or their contractors
  • store and dewater iron ochre sludge in a secure place with no public access
  • store and dewater iron ochre sludge in purpose-built sludge drying beds which are engineered to prevent pollution, and where any water at the base of the bed is collected and drained back to the treatment scheme at an appropriate location
  • prevent run-off from the surface of the drying bed during heavy rain
  • prevent pollution from any water produced at the base of the drying bed
  • contact the Environment Agency’s Area Mine Water Lead before you import iron ochre sludge from another site
  • only import iron ochre sludge from another site in compliance with a method statement which minimises the risk of pollution
  • keep records for 2 years to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must not:

  • exceed the safe operating capacity of the sludge drying bed at any time
  • import more than 15,000m3 of non-hazardous iron ochre sludge for dewatering to any one site within any calendar year

3. When you must check back

The Environment Agency will review this RPS by 31 December 2024. You will need to check back then to see if it still applies.

The Environment Agency can withdraw or amend this enforcement position before it expires if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

4. If you cannot comply with this RPS

If you operate under this RPS but think you may no longer be able to comply with its conditions, you must tell the Environment Agency Area Mine Water Lead immediately.

5. Contact the Environment Agency

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email enquiries@environment-agency.gov.uk

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.

Back to top