Guidance

Storing waste onboard vehicles seized by regulators: RPS 258

Published 6 July 2022

Applies to England

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This publication is available at https://www.gov.uk/government/publications/storing-waste-onboard-vehicles-seized-by-regulators-rps-258/storing-waste-onboard-vehicles-seized-by-regulators-rps-258

This regulatory position statement (RPS) does not change your legal requirement to get an environmental permit for a waste operation and comply with its conditions when you store seized vehicles with waste onboard. 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

When this RPS applies

This RPS applies to enforcement authorities and third parties acting on their behalf.

This RPS applies when you store vehicles with waste onboard without an environmental permit, where an enforcement authority has seized the vehicles whilst carrying out its statutory duties.

Conditions you must comply with

You must:

  • store the waste securely at a site you control
  • give the enforcement authority that seized the vehicle or vehicles the site’s address and details of the vehicles stored there
  • keep the waste onboard the vehicles, as it was when they were seized
  • store the waste temporarily, and for no longer than 1 month after the enforcement authority or court have decided to release the vehicle, either back to its owner or for sale or destruction
  • store no more than 160 cubic metres of waste at any time at any one site
  • cover the waste to stop rain getting to it, litter and particulates escaping, and to reduce odour
  • store vehicles with waste onboard on a hardstanding or, if the waste is liquid, on an impermeable surface with a sealed drainage system – this is so that the waste cannot escape into the surface water drainage system, nearby watercourses or the ground
  • inspect vehicles with waste onboard at least weekly and take appropriate action to stop the waste causing pollution
  • tell the Environment Agency as soon as possible if you receive complaints about pollution (using the incident telephone hotline 0800 807060) – you must also tell the enforcement authority that seized the vehicles if they are not the Environment Agency
  • 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 move, use or dispose of the waste. The only treatment this RPS allows is to repackage in an emergency to prevent pollution. For example, putting a damaged chemical drum into an overdrum to contain leaks.

When you must check back

The Environment Agency will review this RPS by 31 April 2025. You will need to check back then to see if it still applies or if you need to apply for an environmental permit or take appropriate alternative action.

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

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 immediately.

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.

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