Guidance

Managing lateral flow device (LFD) testing waste: RPS C25

Updated 14 December 2021

This guidance was withdrawn on 1 July 2022

This COVID-19 regulatory position statement has expired and can no longer be used.

Applies to England

This COVID-19 regulatory position statement (RPS) does not alter your legal obligations under your permit or any relevant legislation.

Normally, you will breach your permit conditions if you accept waste types or quantities other than those stated in your permit.

If you accept lateral flow device (LFD) testing waste coded 18 01 04, 18 01 04 and 18 01 07 or 20 01 99, where your permit does not allow you to, the Environment Agency will not normally take enforcement action if you meet the requirements and conditions in this COVID-19 RPS.

You must get written agreement from the Environment Agency before you use this COVID-19 RPS.

With your request you must, where the conditions of this COVID-19 RPS require it, submit additional documents for approval.

Contact the Environment Agency.

You must not use this COVID-19 RPS until you have received our written agreement and any document approvals needed.

If your site is performing poorly, we may not agree to your request to operate under this COVID-19 RPS.

When this COVID-19 RPS applies

This COVID-19 RPS only applies to operators of the following types of site, and if their permits do not contain all the European Waste Catalogue (EWC) codes needed to accept LFD testing wastes:

• landfills for non-hazardous waste
• municipal waste incinerators
• healthcare waste transfer facilities
• municipal waste transfer facilities

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.

Conditions all operators must comply with

You must comply with all the other requirements of your environmental permit.

You must keep the records required by this COVID-19 RPS for 2 years after this RPS has expired, including any extensions to it. You must make them available to the Environment Agency on request.

You must make sure your activities do not endanger human health or the environment.

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:

• European sites (Special Areas of Conservation and 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

Operators of landfills for non-hazardous waste

Condition 1

If your permit does not include an operating technique for managing offensive waste, you must:

• submit your proposed procedure for managing LFD testing waste for approval with your request for our written agreement
• operate in accordance with the approved procedure

Condition 2

You must keep the following records of all the LFD testing waste you accept at your site, the:

• date of arrival
• previous holder’s details
• type of waste, including the EWC code

Municipal waste incinerator operators

Condition 1

If you do not normally manage healthcare waste, you must:

• submit your proposed procedure for managing LFD testing waste for approval with your request for our written agreement
• operate in accordance with the approved procedure

Condition 2

You must keep the following records of all the LFD testing waste you accept at your site, the:

• date of arrival
• previous holder’s details
• type of waste, including the EWC code

Healthcare waste transfer facility operators

Condition 1

You must keep the following records of all the LFD testing waste you accept at your site, the:

• date of arrival
• original producer details
• type of waste, including the EWC code

Municipal waste transfer facility operators

Condition 1

You must:

• submit information about your procedure and risk assessment for managing LFD testing waste for approval with your request for our written agreement
• operate in accordance with the approved procedure

The procedure must contain information on:

• site location – including your permit number and a site plan indicating LFD testing waste storage areas
• whether you will manage the activity following your existing management system or working plan document(s) or use the additional procedure you have written for the activity (submitted with your request)
• how you will make staff aware of the procedure and any training you will provide
• equipment (such as containers), their specification and how you will use them
• appropriate measures you have identified to minimise the risk of environmental pollution and harm to human health
• storage timescales

The risk assessment must cover:

• how the risk level for the proposed activity compares with your normal activities
• why the appropriate measures you have identified will control risk effectively

Condition 2

You must keep the following records of all the LFD testing waste you accept at your site, the:

• date of arrival
• original producer details
• type of waste, including the EWC code

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

If you operate under this COVID-19 RPS, but think you may no longer be able to comply with its conditions, you must tell the Environment Agency immediately.

When to check back

This COVID-19 RPS will be withdrawn on 30 June 2022 unless we extend it. After this date your permit must authorise the acceptance of LFD testing waste or you must stop accepting it.

Contact the Environment Agency

You must email your local regulatory officer to get written agreement before you use this COVID-19 RPS.

Please put this wording in the title of your email:

Waste COVID-19 RPS C25 – for action.

For all other enquiries contact enquiries@environment-agency.gov.uk.