Guidance

Solidifying wet utilities excavation waste using non-waste absorbents: RPS 275

Published 26 January 2023

Applies to England

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This publication is available at https://www.gov.uk/government/publications/solidifying-wet-utilities-excavation-waste-using-non-waste-absorbents-rps-275/solidifying-wet-utilities-excavation-waste-using-non-waste-absorbents-rps-275

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you use non-waste absorbents to solidify wet soils and slurries. This applies during excavations to repair water infrastructure mains and connections.

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

  • your solidification 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 to solidifying saturated soils and slurries produced during utility excavation works repairing water infrastructure mains and connections. The solidification process must:

  • use non-waste absorbents
  • take place at the site where the soil an saturated soil and slurry was produced

Conditions you must comply with

You must:

  • use a non-waste stabiliser or absorbent to dewater the saturated soils and slurries
  • use the non-waste stabiliser or absorbent where the excavation and repairs to water infrastructure mains and connections are taking place
  • solidify the saturated soils and slurries to help with handling and transport
  • send the solidified soil or slurry for recovery or disposal at a suitably permitted facility
  • 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:

  • solidify saturated soils and slurries from other activities and sites
  • store or treat the saturated soils and slurries within 10 metres of any watercourse

When you must check back

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

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 the review date 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

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email enquiries@environment-agency.gov.uk

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.

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