Guidance

Exceeding waste storage limits at permitted sites: RPS 352

Updated 30 September 2025

This guidance was withdrawn on

The circumstances affecting capacity for refuse derived fuel (RDF) and mixed municipal waste have eased so we are withdrawing RPS 352.

There are currently issues still impacting capacity for waste wood, so check if you can follow Exceeding waste wood storage limits at permitted sites: RPS 361 instead.

Applies to England

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This publication is available at https://www.gov.uk/government/publications/exceeding-waste-storage-limits-at-permitted-sites-rps-352/exceeding-waste-storage-limits-at-permitted-sites-rps-352

This regulatory position statement (RPS) does not change your legal requirement to comply with your environmental permit.

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

  • your activity and the circumstances meet 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 the temporary storage of the following wastes in quantities that exceed the limits in your permit:

  • baled and securely wrapped refuse derived fuel (RDF) (19 12 10)
  • mixed municipal waste (20 03 01)
  • waste wood destined for incineration (17 02 01, 19 12 07 and 20 01 38)

2. Circumstances in which this RPS applies

This RPS applies when extra pressure is placed on waste storage capacity and there is demonstrably no reasonable contingency capacity elsewhere because of:  

  • unplanned downtime at energy from waste incineration plants or biomass plants
  • unplanned arisings of waste (for example, accumulation of waste caused by waste collection strike action)

This RPS only applies where the Environment Agency has agreed to this in writing before 30 September 2025.

3. Conditions you must comply with

You must:

  • have notified and have our agreement in writing before 30 September 2025 that you can use this RPS
  • store waste wood in its largest form prior to shredding
  • store RDF baled and wrapped and waste wood on an impermeable surface with sealed drainage within the permitted boundary
  • only store mixed municipal waste and loose RDF in an enclosed building or sealed container on an impermeable surface with sealed drainage within the permitted boundary
  • store all waste securely in a manner that prevents waste escaping and access by the public
  • follow the ‘first in first out’ principle to make sure the oldest waste is always removed first
  • carry out daily checks for odour, pests, dust and litter
  • check RDF bales daily for any damage and repair the damage as soon as practicable  
  • comply with any additional site specific and fire prevention plan requirements specified when we agreed your notification
  • keep records for 2 years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must not:

  • operate above your permitted waste storage limits and under this RPS without having received written permission from the Environment Agency
  • store more waste or different types of waste than that agreed in writing
  • store waste for longer than has been agreed in writing

4. When you must check back

The Environment Agency intends to withdraw this RPS on 31 December 2025. Operators can continue beyond this date if agreed to by the Environment Agency in writing.

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

You will need to check back from time to time, including at and before the withdrawal 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:

6. Contact the Environment Agency

If you have any questions about this RPS, email wastetreatment@environment-agency.gov.uk with ‘RPS 352’ in the subject.

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