Guidance

Storing and treating asphalt waste: RPS 157

Updated 4 February 2020

Where asphalt is lifted, treated and then re-used at the site where it was lifted it is not waste. It does not matter if the treatment takes place at that site or somewhere else.

This regulatory position statement (RPS) only applies to storing and treating asphalt at the same site where it is to be cold mix coated, and where the treatment consists of crushing, grinding, screening, grading or mixing.

You usually need an environmental permit from the Environment Agency to store and process asphalt waste to prepare it for cold coating and reuse.

However, if you comply with the conditions in this RPS you do not need an environmental permit from the Environment Agency for this activity.

If you cannot meet the conditions in this RPS you must apply for an environmental permit.

This RPS does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.

Conditions you must comply with

You must not store or treat asphalt waste containing coal tar or bitumen intermittently or continuously at the same site for more than 12 months.

The maximum amount of waste you can store on site before treatment is:

  • 500 tonnes of wastes coded 17 03 01* at any one time, or 50,000 tonnes within 12 months
  • 50,000 tonnes of wastes coded 17 03 02 within 12 months

You must make sure that:

A sealed drainage system is impermeable – it does not leak. It ensures that:

  • all liquids run off the surface through the sealed drainage system
  • all liquids are collected in a sealed sump, except where they may be lawfully discharged

If the coated material remains as waste its subsequent use is covered by Using treated asphalt waste: RPS 75.

You must make sure your actions do not endanger human health or the environment. You must not:

  • cause a risk to water, air, soil, plants or animals
  • cause a nuisance through noise or odours
  • adversely affect the countryside or places of special interest

You must keep records for 2 years that show you have complied with this RPS. You must make these records available to the Environment Agency on request.

Enforcement

An RPS means that the Environment Agency will not normally take enforcement action against you 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, and is not likely to, cause environmental pollution or harm human health

When to check back

This RPS will be reviewed by 30 June 2021. You’ll need to check back then to see if it still applies or if you need to apply for an environmental permit.

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.