Guidance

COVID-19 and storing waste at unpermitted sites due to exceeding your storage limits: RPS C17

Published 4 May 2020

This guidance was withdrawn on 1 October 2020

This document has been withdrawn because it has expired.

Applies to England

You usually need an environmental permit to store and treat waste, or you need to register and comply with a suitable waste exemption.

This COVID-19 regulatory position statement (RPS) applies if coronavirus restrictions mean you will exceed:

• waste storage capacity at your permitted site
• the storage limits of your registered waste exemption for a T1 to T32 or S1 and S2 exemption

This COVID-19 RPS temporarily allows you to:

• store your waste at an unpermitted site that you control
• exceed the storage limits of your registered waste exemption for a T1 to T32 or S1 and S2 exemption

This COVID-19 RPS does not apply to radioactive waste or to mobile plant.

Before you use this COVID-19 RPS and store your waste at an unpermitted site that you control, or exceed registered exemption limits, you must email the Environment Agency to get our approval. When we assess whether to approve your request, we will also look at your compliance history.

1. When this COVID-19 RPS applies

This COVID-19 RPS only applies:

• to waste you are already allowed to handle under your permit or a waste exemption T1 to T32 or S1 and S2 that you have registered
• where you can demonstrate that you have taken all reasonable steps to avoid relying on this COVID-19 RPS

This COVID-19 RPS does not affect any of your other environmental legal obligations. For example those under:

• Control of Major Accident Hazards (COMAH)
• hazardous substances consents
• Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

You need to check whether increasing the storage of hazardous wastes on site could affect COMAH thresholds or other relevant legislation on storing hazardous materials. You must take any action needed to maintain compliance with other regulatory requirements.

You must be able to demonstrate that you have taken all reasonable steps to comply with your permit or your registered waste exemption.

Reasonable steps include:

• contingency planning so you can continue to comply with your permit or your registered waste exemption
• identifying an alternative site with a suitable permit or waste exemption and prioritising storing waste at that site

You must also have contingency plans that minimise the:

• need to store waste at an unpermitted site or above waste exemption limits
• amount of waste you store without a permit or above exemption limits
• amount of time you store waste without a permit or above exemption limits

This COVID-19 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.

2. Conditions you must comply with

You must:

• have written agreement from the landowner to store waste on the site before you start doing so, if you are not the landowner
• have agreement in advance from the Environment Agency for the types and quantities of waste you want to store temporarily on the site
• give the Environment Agency a postcode or grid reference for the exact location of the waste storage site and the extent of the site including site boundaries
• store all waste within an agreed site boundary
• keep all storage areas secure to prevent unauthorised access
• make sure that you store waste in a way that meets the objectives of current fire prevention guidance
• have a written system in place to prevent, detect, contain and mitigate fires
• make sure you remove all waste from the site, or remove enough waste to comply with your registered exemption, as soon as possible - and in all cases by the expiry date of this COVID-19 RPS

You must also carry out a written risk assessment and identify how any risks will affect people and the environment. You must take all reasonable steps to mitigate those risks. If you cannot manage the risks, the site is unsuitable and you cannot use it to store waste under this COVID-19 RPS.

You must keep records for 2 years to show how much waste is stored at any one time. Include the associated waste codes and waste descriptions. You must make these records available to the Environment Agency on request.

You must not store:

• waste types that are not authorised in your permit or under your registered waste exemption
• at any one time, more waste than we have agreed with you
• a different type of waste than we have agreed with you
• waste for longer than is needed unless we have agreed to this in writing

You must make sure that your activity does not endanger human health or harm 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

Places of special interest include but are not limited to:

• Special Areas of Conservation
• Special Protection Areas
• Ramsar sites
• Sites of Special Scientific Interest
• national and local nature reserves
• Areas of Outstanding Natural Beauty
• Marine Conservation Zones
• National Parks

If the amount of waste you are storing risks endangering human health or causing harm to the environment you must stop taking any more waste on to the site.

If you operate under this COVID-19 RPS but think you may no longer be able to comply with its conditions, you must tell the Environment Agency immediately.

3. Enforcement

A COVID-19 RPS means that the Environment Agency will not normally take enforcement action against you provided:

• your activity meets the description set out in this COVID-19 RPS
• you comply with the conditions set out in this COVID-19 RPS
• your activity does not, and is not likely to, cause environmental pollution or harm human health
• you have taken all reasonable steps to comply with your permit or exemption

4. When to check back

This COVID-19 RPS will expire on 30 September 2020 unless we extend it. By this date you must have removed all waste from the site or removed enough waste to comply with your registered exemption.

5. Contact the Environment Agency

You must have written agreement from the Environment Agency before you use this COVID-19 RPS.

Email: enquiries@environment-agency.gov.uk

Put this wording in the title of your email:

• Waste COVID-19 RPS C17 – for action