Guidance

Managing iron ochre sludge from abandoned coal mines: RPS 262

Updated 7 March 2025

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you store and dewater non-hazardous iron ochre sludge produced in settlement lagoons at an abandoned coal mine water treatment scheme.

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 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

1. Activity this RPS applies to

This RPS applies to storing and dewatering non-hazardous iron ochre sludge produced from treating discharges to water from abandoned coal mines.

Iron ochre sludge is iron hydroxide (Fe(OH)3) liquid sludge which is produced in settlement lagoons during treatment of mine waters from abandoned coal mines.

The sludge must be dewatered in a purpose-built drying bed at a site controlled by the Mining Remediation Authority or their contractors. It applies to iron ochre sludge that is:

• produced on site
• imported from another mine water treatment site controlled by the Mining Remediation Authority or their contractors

2. Conditions you must comply with

You must:

• store and dewater iron ochre sludges at a secure site which is controlled by the Mining Remediation Authority or their contractors
• store and dewater iron ochre sludge in a secure place with no public access

• store and dewater iron ochre sludge in purpose-built sludge drying beds which are engineered to prevent pollution, and where any water at the base of the bed is collected and drained back to the treatment scheme at an appropriate location

• prevent run-off from the surface of the drying bed during heavy rain
• prevent pollution from any water at the base of the drying bed
• contact the Environment Agency’s Area Mine Water Lead before you import iron ochre sludge from another site providing an estimate of the volume of sludge to be transferred
• only import iron ochre sludge from another site in compliance with a method statement which minimises the risk of pollution
• provide a summary of all ochre sludge transfers under this RPS to the Environment Agency’s National Coal Mine Water Lead showing the volume of sludge transferred between sites during each calendar year
• 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:

• exceed the safe operating capacity of the sludge drying bed at any time
• import more than 15,000m³ of non-hazardous iron ochre sludge for dewatering to any one site within any calendar year

3. Things to note

This RPS relates to activities that the Environment Agency considers are potentially suitable to be an exemption under the Environmental Permitting (England and Wales) Regulations 2016.

4. When you must check back

The Environment Agency will review this RPS by 31 March 2027.

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.

5. 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 Area Mine Water Lead immediately by contacting them directly

If you are unable to contact them direct, then you must email enquiries@environment-agency.gov.uk and put ‘Managing iron ochre sludge from abandoned coal mines: RPS 262’ in the subject.

6. Contact the Environment Agency

If you have any questions about this RPS email enquiries@environment-agency.gov.uk and put ‘Managing iron ochre sludge from abandoned coal mines: RPS 262’ in the subject.