Guidance

Exceeding waste storage limits at permitted sites: RPS 352

Published 16 June 2025

Applies to England

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 (19 12 07 and 20 01 38)

This RPS only applies in circumstances set out in this RPS and where the Environment Agency has agreed to this in writing.

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 your destination energy from waste incineration plant or biomass plant
• unplanned arisings of waste (for example, accumulation of waste caused by waste collection strike action)

3. Conditions you must comply with

You must:

• have evidence that your destination energy from waste incineration plant or biomass plant is not operational and that you have sought alternative disposal or recovery routes for the waste
• 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 we make when we agree to your notification
• notify the Environment Agency using the details in the section ‘Notify the Environment Agency’
• have the Environment Agency’s agreement in writing before you use this RPS
• 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 is agreed in writing

3.1 Notify the Environment Agency

You must notify the Environment Agency by emailing wastetreatment@environment-agency.gov.uk and put ‘RPS 352’ in the subject line.

You must provide the following details:

• operator name
• permit number
• name and address of the permitted site
• type of waste you wish to store above permit limits
• where and how you will store the waste within your permitted site
• the amount of waste you are proposing to store above the limits in your permit
• how long you expect to store waste above the limits in your permit
• what control measures will be taken to ensure risk of fire and impacts from odour, dust and pests are minimised
• the circumstances which have resulted in you requesting to operate under this RPS and why your contingency plans have not been able to manage the disruption

4. Things to note

The Environment Agency expects that operators have a contingency plan for all reasonable events, including planned and unplanned outages at destination sites. This contingency plan should make sure that, in most cases, operators can comply with the limits and conditions of their permit.

5. When you must check back

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

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity and circumstances that this RPS relates to have 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.

6. 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 wastetreatment@environment-agency.gov.uk with ’RPS 352’ in the subject

7. Contact the Environment Agency

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