Guidance

Storing and treating chemical toilet waste: RPS 277

Published 25 January 2023

Applies to England

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This publication is available at https://www.gov.uk/government/publications/storing-and-treating-chemical-toilet-waste-rps-277/storing-and-treating-chemical-toilet-waste-rps-277

This regulatory position statement (RPS) does not change your legal requirement to get an environmental permit for a waste operation when you:

  • store non-hazardous chemical toilet waste at a location controlled by the operator of a portable toilet hire business
  • store cess and septic tank waste at a location controlled by a tanker operator
  • store sewage from boats at a marina or lock site
  • receive and store non-hazardous chemical toilet waste at a waste water treatment works (WWTW) and treat it there

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

  • your activity meets the description set out in this RPS
  • you comply with the conditions set out in this RPS

In addition, your activity must not cause (or be likely to cause) environmental pollution or harm human health, or:

  • 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

When this RPS applies

This RPS applies to 2 different activities. There are specific conditions to comply with for each.

The first activity the RPS applies to is the storage of:

  • non-hazardous chemical toilet waste, cess waste and septic tank waste at a location controlled by the operator of a portable toilet hire business or tanker operator
  • sewage effluent at a marina or lock site

The second activity the RPS applies to is accepting, storing, and treating (by mixing) non-hazardous chemical toilet waste at a WWTW.

Conditions you must comply with

You must:

  • only store chemical toilet waste, cess and septic tank waste collected by the operator of the portable toilet hire business or tanker operator as part of their business, at a place controlled by them
  • only store sewage effluent from boats using that marina or lock site
  • keep the waste in secure containers – secure means that the waste cannot escape, and unauthorised people cannot access it
  • make sure that all containers are constructed, inspected and maintained in line with the guidance on pollution prevention for businesses
  • 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

You must not store:

  • hazardous waste
  • chemical toilet waste containing formaldehyde
  • more than 60 cubic metres of waste at any one time
  • any waste for more than 3 months

Accepting, storing and treating non-hazardous chemical toilet waste at a WWTW

You must:

  • use the waste classification technical guidance (WM3) to classify waste (specifically page A41)
  • only receive chemical toilet waste with the correct waste code (16 10 02) and description – it must be accompanied by an appropriate risk assessment
  • only receive and store chemical toilet waste in areas which have an impermeable surface with sealed drainage
  • treat chemical toilet waste by mixing it with sewage in the WWTW
  • make sure that all containment measures are constructed, inspected and maintained in line with the guidance on pollution prevention for businesses
  • 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

You must not accept chemical toilet waste that:

When you must check back

The Environment Agency will review this RPS by 31 July 2024.

You will need to check back then to see if it still applies or if you need to apply for an environmental permit.

The Environment Agency can withdraw or amend this enforcement position before the review date if they consider it necessary. This includes where the activity 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 by emailing wastetreatment@environment-agency.gov.uk.

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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