Guidance

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

Updated 30 November 2025

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to:

  • have an environmental permit where one is required
  • register an activity as exempt where you are required to do so

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

  • 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) 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

Activity this RPS applies to

This RPS applies to solidifying wet excavation wastes and slurries generated during:

  • ground excavations – including piling activities
  • drilling
  • tunnelling activities
  • watercourse maintenance
  • utilities excavation works repairing water infrastructure mains and connections.

Conditions you must comply with

You must:

  • only use non-waste stabilisers or absorbents to solidify saturated soils and slurries
  • solidify saturated soils and slurries at the place where they have been excavated or produced
  • solidify 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 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:

  • solidify saturated soils and slurries which have been produced at other sites or locations
  • store or treat the saturated soils and slurries within 10 metres of any watercourse

Things to note

The construction or excavation waste treated with non-waste stabilisers or absorbents must be correctly classified and characterised.

Where this waste is destined for landfill it must be tested and characterised to ensure it is suitable for landfill.

This RPS relates to an activity that the Environment Agency considers is potentially suitable to be an exemption under the Environmental Permitting (England and Wales) Regulations 2016. A change in law would be required for this.

When you must check back

The Environment Agency intends to review this RPS by 30 November 2028.

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

If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

Contact the Environment Agency

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk with RPS 275 in the subject.