Guidance

Dewatering bentonite slurry waste in a bentonite recirculation plant: RPS 272

Published 1 February 2023

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you dewater waste bentonite slurry using a bentonite recirculation plant.

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

  • your waste bentonite slurry dewatering operation 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 dewatering waste bentonite slurry in a bentonite slurry recirculation plant at the site where you’re either:

  • carrying out secant piling
  • constructing retaining or containment walls

The bentonite slurry waste must have been produced during secant piling, or retaining or containment wall works, that are:

  • enabling and supporting excavations
  • supporting wing walls
  • retaining water to create drainage channels
  • stabilising slopes

Conditions you must comply with

You must:

  • dewater the waste bentonite slurry through a bentonite recirculation plant at the site where the works are taking place
  • dewater the waste bentonite slurry to produce a filter cake to help with handling and transporting
  • send the filter cake for recovery or disposal at a suitably permitted facility
  • have the appropriate permit or consent to discharge liquid from the dewatering process
  • prevent runoff from entering any surface water drains, surface waters or groundwater during treatment and storage activities
  • keep records for 2 years to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must not:

  • dewater waste bentonite slurries not produced on the site where the bentonite slurry treatment plant is located
  • dewater waste bentonite slurries from activities other than those specified in this RPS
  • store or treat waste bentonite within 10 metres of any watercourse

When you must check back

The Environment Agency will review this RPS by 30 November 2025.

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.

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.