Guidance

Storing and handling waste glass containing other wastes: RPS 292

Published 21 May 2024

Applies to England

This regulatory position statement (RPS) is about when you can store or treat glass containing other non-hazardous wastes. It applies to operators who do not have waste code 19 12 12 in their permit or exemption.

This RPS does not change your legal requirement to either:

• have and comply with an environmental permit for a waste operation or installation
• comply with a waste exemption

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 if you have either:

• a permit that allows you to store, or store and treat, waste glass (waste code 19 12 05) produced by a materials recycling facility or by another mechanical waste treatment process
• registered a S1, S2, T1, T4 or U9 exemption for waste glass

This RPS allows you to accept glass waste that has been processed but not properly sorted and still contains other non-hazardous wastes, such as plastic, paper and metal. You must code this as 19 12 12.

This waste glass mixed with other non-hazardous wastes must go for recovery, including treatment to remove the non-glass waste.

This RPS does not apply to waste glass from cathode ray tubes and other activated glass.

If you comply with this RPS, you can continue to handle waste glass containing other non-hazardous wastes (waste code 19 12 12) until the Environment Agency has either:

• sent your permit change (variation) to you
• decided on (determined) your application for a new permit

Conditions you must comply with

Operators who have an environmental permit

You must have a permit that allows you to store (or store and treat) waste glass coded 19 12 05.

You must store and treat the 19 12 12 waste glass mixed with other non-hazardous wastes on an impermeable surface with sealed drainage.

For these storage and treatment areas, you must have appropriate measures to prevent:

• litter
• odour
• pests and flies

You must have the Environment Agency’s written agreement before you use this RPS. Email wastetreatment@environment-agency.gov.uk by 21 June 2024. Include ‘RPS 292’ in the email subject and provide the:

• operator name
• permit number
• name and address of the permitted site
• contact name and email for the permit holder (or company secretary name and email for a limited company)

You must:

• respond to a notice the Environment Agency sends to you (about varying your permit to include 19 12 12) by the date specified in the notice
• 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 use 19 12 12 waste glass containing other non-hazardous wastes to produce aggregates. You must remove non-glass waste before using glass to produce an aggregate.

You must not continue to use this RPS if:

• you do not respond to a notice the Environment Agency sends to you (about varying your permit to include 19 12 12) by the date specified in the notice
• the Environment Agency does not vary your permit to include 19 12 12

Operators who have registered a T1, T4, U9, S1 or S2 waste exemption

You must have registered one of the following exemptions to store or treat waste glass before 13 May 2024:

• T1: cleaning, washing, spraying or coating relevant waste
• T4: preparatory treatments, such as baling, sorting, shredding
• U9: using waste to manufacture finished goods
• S1: storing waste in secure containers
• S2: storing waste in a secure place

You must comply with the limits and conditions of the exemption you have registered.

You must store and treat the waste glass containing other non-hazardous wastes on an impermeable surface with sealed drainage.

For these storage and treatment areas, you must have appropriate measures to prevent:

• litter
• odour
• pests and flies

You must have the Environment Agency’s written agreement before you use this RPS. Email wastetreatment@environment-agency.gov.uk by 21 June 2024. Include ‘RPS 292’ in the email subject and provide:

• the operator name
• the exemption number
• the name and address of the site
• confirmation that the waste glass containing other non-hazardous wastes is being stored, or stored and treated, on an impermeable surface with sealed drainage

You must:

• apply for a permit to store (or store and treat) 19 12 12, waste glass containing other non-hazardous wastes, by 27 September 2024
• 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 continue to use this RPS if:

• you do not apply for a permit by 27 September 2024
• your permit application is rejected

Things to note

Glass from waste treatment facilities can be coded as 19 12 05 if:

• it has been processed and properly sorted
• any non-glass waste is minimal (an occasional piece and not present throughout the waste)

Glass from waste treatment facilities must be coded 19 12 11* or 19 12 12 if it contains other wastes, such as plastic, paper and metal, in quantities that are more than minimal. (An asterisk at the end of a code means the waste is hazardous.)

You can continue to handle waste glass containing other non-hazardous wastes (waste code 19 12 12) until the Environment Agency has either:

• sent your permit variation to you
• determined your application for a new permit

When you must check back

The Environment Agency will review this RPS by 31 March 2025.

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:

• stop the activity to which this RPS relates
• tell the Environment Agency immediately by emailing wastetreatment@environment-agency.gov.uk with ‘RPS 292’ in the subject

Contact the Environment Agency

If you have any questions about this RPS, email wastetreatment@environment-agency.gov.uk.