Managing pesticide washings by evaporation: RPS 165
Published 24 January 2023
Applies to England
© Crown copyright 2023
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This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit when you treat pesticide washings using a purpose built lined evaporation system.
However, the Environment Agency will not normally take enforcement action against you if do not comply with these legal requirements provided:
- 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) 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 when you treat pesticide washings using a lined evaporation system. The evaporation system must be specifically designed, manufactured and constructed to treat pesticide washings.
Conditions you must comply with
You must:
- treat waste dilute pesticide washings at a secure place where they were produced
- construct the evaporation system on a concrete pad that contains any spills or run-off
- protect the evaporation system from damage by vehicles
- install an impermeable liner as part of the evaporation system
- check the roof of the evaporation system for leaks to prevent rainwater entering and the system overfilling
- install sumps and temporary storage tanks that have capacity to collect and store rainfall from filling or washdown areas
- remove the liner and all residues in it at least once every 12 months
- dispose of the liner and the residues as hazardous waste
- contact the Environment Agency before you use this RPS by emailing wastetreatment@environment-agency.gov.uk – use RPS 165 in the subject line
- 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 construct a pesticide evaporation system that is within:
- 10 metres of a watercourse
- an SPZ1 – the inner zone of a groundwater source protection zone
- 50 metres of a spring or well or from any boreholes not supplying water for domestic or food production purposes
- 250 metres of a spring or well or from any boreholes supplying water for domestic or food production purposes
When you must check back
The Environment Agency will review this RPS by 31 January 2024.
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 at any time 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
Email wastetreatment@environment-agency.gov.uk with RPS 165 in the subject line.