Guidance

Storing and treating waste plastic produced from processing WEEE: RPS 228

Updated 16 December 2020

This guidance was withdrawn on

This regulatory position statement has expired. All 4 permits affected by receiving, storing and processing waste plastics from WEEE, without the correct EWC codes on the permit, have now been varied to include the code covered by the RPS.

Applies to England

© Crown copyright 2020

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/storing-and-treating-waste-plastic-produced-from-processing-weee-rps-228/storing-and-treating-waste-plastic-produced-from-processing-weee-rps-228

This regulatory position statement (RPS) does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.

Industry investigated the characteristics of waste plastic that’s produced from treating certain categories of WEEE. It found that some waste contains persistent organic pollutants (POPs) and other hazardous flame retardants.

Because of the POPs and other chemicals that are in this waste, the law requires that it must be classified as POPs waste and hazardous waste. Previously it would probably have been coded 19 12 04 non-hazardous waste, but now:

  • mixed loads of plastic casings from cathode ray tube and flat panel display equipment must be co-coded 16 02 15* and 16 02 16

  • plastic-based fraction from shredding small mixed WEEE must be coded 19 02 04*

  • operators who accept it at a permitted site must have a permit variation that authorises them to accept waste with these hazardous waste codes

So operators who have been storing and treating these plastics will not be able to continue to do so lawfully unless the Environment Agency has granted a permit variation.

The Environment Agency has issued this RPS because it will take time to submit and determine an application to vary a permit.

If you comply with the conditions in this RPS, you can continue to receive, store and process these wastes, using physical separation techniques, without the correct codes on your permit.

Conditions you must comply with

This RPS only applies if:

  • your permit authorises you to store and treat plastic casings from display equipment and plastic-based fraction from shredding small mixed WEEE under waste code 19 12 04
  • you submitted an application to vary your permit to include 16 02 15, 16 02 16 and/or 19 02 04 by 31 January 2020, and you progress your application without undue delay
  • your application has not been determined or returned to you as not duly made

This RPS will no longer apply if:

  • your permit is varied to include the specified waste codes
  • you apply to vary your permit and it is refused

You must:

No waste which may contain POPs can be:

  • recycled
  • transferred to another person for recycling
  • exported for recycling

You must make sure your activities do not endanger human health or the environment. You 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
  • your activity does not, and is not likely to, cause environmental pollution or harm human health

Enforcement

An RPS means that the Environment Agency will not normally take enforcement action against you, if you operate other than in accordance with your environmental permit for a waste operation, provided:

  • your activity meets the description set out in this RPS
  • you comply with the conditions set out in this RPS
  • your activity does not, and is not likely to, cause environmental pollution or harm human health

When to check back

We will review this RPS by 30 June 2021. You’ll need to check back then to see if it still applies.

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.

Back to top