Guidance

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

Updated 30 November 2025

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit where one is required; nor to register an activity as exempt where you are required to do so.

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

Activity this RPS applies to

This RPS applies to the dewatering of waste bentonite slurry in a bentonite slurry recirculation plant.

The bentonite slurry waste must have been produced during piling works, or whilst constructing retaining or containment walls. It must be dewatered in plant located where these works are being carried out.

The retaining wall or containing walls must be for the following purposes:

• 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 trade effluent discharge consent to discharge liquid from the dewatering process, or send it for recovery or disposal at a suitably permitted facility
• 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

Things to note

This RPS relates to an activity that the Environment Agency considers is potentially suitable to be an exemption under the Environmental Permitting (England and Wales) Regulations 2016. A change in law would be required for this.

When you must check back

The Environment Agency will review this RPS by 30 November 2028.

The Environment Agency can withdraw or amend this regulatory position before the review date 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 at and before the review 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.

If you cannot comply with this RPS

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

• stop the activity to which this RPS relates
• tell the Environment Agency immediately by contacting enquiries@environment-agency.gov.uk with RPS 272 in the subject

Contact the Environment Agency

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk with RPS 272 in the subject.