Guidance

COVID-19 and temporary storage of incinerator bottom ash aggregate: RPS C16

Published 30 April 2020

This guidance was withdrawn on

This document has been withdrawn because it has expired.

Applies to England

© Crown copyright 2020

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This publication is available at https://www.gov.uk/government/publications/covid-19-and-temporary-storage-of-incinerator-bottom-ash-aggregate-rps-c16/covid-19-and-temporary-storage-of-incinerator-bottom-ash-aggregate-rps-c16

This COVID-19 regulatory position statement (RPS) only applies:

  • to temporarily storing incinerator bottom ash aggregate (IBAA) at a permitted site when your permit does not allow storage of IBAA
  • where there is a lack of market demand for IBAA due to coronavirus restrictions and there is no capacity to store IBAA at the incinerator bottom ash treatment facility

Before you use this COVID-19 RPS, you must email your Environment Agency area regulatory officer, site inspector or local compliance team to get their written agreement.

1. When this COVID-19 RPS applies

This COVID-19 RPS only applies to storing IBAA (European Waste Catalogue (EWC) code 19 12 12) at your permitted site, when your permit does not allow you to store this waste type.

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

Before you accept the IBAA onto your permitted site, you must notify the Environment Agency by email and get our written agreement. Contact your area regulatory officer, site inspector or local compliance team.

We need to agree to both:

  • the total tonnage of IBAA you want to store at any one time on your permitted site
  • how you intend to store it

You must keep to the terms of this agreement.

You must:

  • only receive IBAA (EWC 19 12 12) at your site under this COVID-19 RPS
  • only store IBAA (EWC 19 12 12) at your site
  • take full responsibility for the IBAA you receive on your site
  • store all IBAA within an agreed site boundary and on hardstanding
  • contain and treat IBAA runoff to prevent pollution to land or water
  • take measures to prevent any IBAA dust nuisance
  • keep all IBAA storage areas secure to prevent unauthorised access
  • make sure you remove all the IBAA from your site as soon as possible and in all cases by 30 September 2020
  • keep records on the tonnage of IBAA you stored at your site for the duration of this COVID-19 RPS
  • keep these records for 2 years after this COVID-19 RPS has expired, including any extensions to it
  • make these records available to the Environment Agency on request

You must not:

  • at any one time store more IBAA under this COVID-19 RPS than we have agreed with you
  • breach the terms we have agreed with you

You must make sure your IBAA storage activity does not harm human health or pollute the environment.

For waste operations 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

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 complied with your permit

If you operate under this COVID-19 RPS but think you may no longer be able to comply with its conditions, you must tell your Environment Agency area regulatory officer, site inspector or local compliance team immediately.

The Environment Agency will monitor how operators use and comply with this COVID-19 RPS through its proportionate, risk-based inspection and monitoring activity.

4. When to check back

This COVID-19 RPS will expire on 30 September 2020 unless we extend it.

By 30 September 2020 you must:

  • remove all IBAA waste from your site
  • fully comply with your permit

5. Contact the Environment Agency

Email your Environment Agency area regulatory officer, site inspector or local compliance team to get their agreement to use this COVID-19 RPS.

Please put this wording in the title of your email:

  • Waste COVID-19 RPS C16: for action
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