Guidance

Classify excavated waste from street and utility works: RPS 298

Updated 30 January 2025

Applies to England

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 that the person receiving the waste is authorised to receive it

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

• 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) pollution of the environment or harm to human health, and 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

1. Activity this RPS applies to

This RPS applies to classifying excavated waste produced through road and street works where sampling is not possible before removing the waste from the excavation site.

This RPS does not apply to hazardous wastes. This includes, but is not limited to, waste:

• with an odour of coal tar or other petroleum hydrocarbons

• containing visible asbestos or asbestos containing materials

This RPS only applies when you do work under ‘immediate’, ‘minor’, and ‘standard’ permits following the New Roads and Street Works Act 1991 (NRSWA). This also includes ‘major works’ where a ‘major’ permit is required due to traffic management only.

The following volume limits apply to each individual excavation within a works undertaken under a NRSWA permit or work order.

If you produce less than 15 cubic metres (m³) of waste you can move it as non-hazardous (except where there is any indication that the waste may be hazardous) without a hazardous waste assessment under the Technical Guidance on the Classification and Assessment of Waste (WM3).

If you produce more than 15m³ of waste you must consign it as hazardous waste in line with the Hazardous Waste Regulations and complete a consignment note.

You must still identify the appropriate classification codes using WM3.

If you consign the waste without classification in line with this RPS you can transfer these wastes to permitted waste sites that do not have the corresponding hazardous waste codes listed if they comply with the conditions of ‘Storing and managing excavated waste from street works: RPS 299’. All other duty of care requirements still apply.

If you cannot follow the conditions in this RPS, you must follow WM3 to assess and classify all excavated waste.

2. Conditions you must comply with

You must:

• only use this RPS when you cannot legally access the site to carry out preliminary sampling before you start excavation works

• separate the waste by waste code type during excavation and transport (for example, the bituminous layer and the sub-base must be kept separate)

• move waste to either a site controlled by the producer, or to a suitably permitted site that is complying with RPS 299

• include the works permit reference (or work order number) and details of the specific excavation the waste was collected from, and put ‘classified using RPS 298’ in the description on any consignment note or waste transfer note accompanying the waste

• keep records of all waste movements for 2 years (or 3 years for hazardous waste) to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must only apply this RPS to wastes coded:

• 17 01 01 concrete

• 17 01 02 bricks

• 17 01 03 tiles and ceramics

• 17 01 06* and 17 01 07 mixtures of concrete, bricks, tiles and ceramics

• 17 03 01* and 17 03 02 bituminous mixtures

• 17 05 03* and 17 05 04 soil and stones

• 17 09 03* and 17 09 04 mixed construction and demolition wastes

Note: an asterisk (*) next to the code means it is a hazardous waste. Hazardous waste codes must only be used for waste over 15m³ which is classed as hazardous.

You must not:

• treat or use the waste under a waste exemption

• transfer the waste to an exempt facility

• use this RPS for any waste that is, or is suspected to be, hazardous

3. Things to note

This RPS is linked to RPS 299 (Storing and managing excavated waste from street works). You should read this RPS in conjunction with ‘Storing and managing excavated waste from street works: RPS 299’ to make sure you understand where you can take the waste you classify under this RPS.

For more information about the permit types in the New Roads and Street Works Act, read Permit schemes: statutory guidance for highway authorities.

The trade body Street Works UK is developing a methodology for assessing utilities waste. Sampling and testing has shown approximately 15% of utilities waste meets one or more criteria to be described as hazardous waste.

4. When you must check back

This RPS will expire on 30 September 2025.

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

You will need to check back from time to time, including before the expiry date, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.

5. If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

• stop using this RPS immediately and classify your waste under WM3
• tell the Environment Agency immediately by emailing enquiries@environment-agency.gov.uk and include ‘RPS 298’ in the subject

6. Contact the Environment Agency

If you have any questions about this RPS email enquiries@environment-agency.gov.uk and include ‘RPS 298’ in the subject.