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Guidance

Classify excavated waste from street and utility works: RPS 298

Environment Agency regulatory position on how to classify excavated waste from street works and utility works when you cannot take samples before excavation.

Updates to this page

From:
Environment Agency
Published:
4 June 2024
Last updated:
30 January 2025
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  1. The expiry date of the regulatory position has been extended to 30 September 2025.

  2. Amended wording on volume limits in section 1 to apply to individual excavations within each New Roads and Street Works Act 1991 (NRSWA) or work order. Also updated section 2 to also include this detail on the transfer documents.

  3. Added clarification in section 1 'Activity this RPS applies to', that the volume limits apply to each individual works undertaken under a NRSWA permit.

  4. First published.

This publication was withdrawn on

This regulatory position statement has been replaced by an industry protocol that the Environment Agency has approved.

Check how to follow the Street Works UK: Material Classification Protocol.

Applies to England

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Classify excavated waste from street and utility works: RPS 298

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This regulatory position statement (RPS) does not change your legal requirement to:

  • assess and classify waste in accordance with waste classification guidance (WM3) when you move waste produced during street works and utility works

  • make sure the person receiving the waste is authorised to receive it 

However, the Environment Agency will not normally take enforcement action if you do not comply with these legal requirements if you meet the requirements in the RPS.

The regulatory position does not apply to any other legal requirements.

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