Guidance

Storing samples of waste for regulation or investigation: RPS 183

Published 29 June 2023

Applies to England

© Crown copyright 2023

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This publication is available at https://www.gov.uk/government/publications/storing-samples-of-waste-for-regulation-or-investigation-rps-183/storing-samples-of-waste-for-regulation-or-investigation-rps-183

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when regulatory and enforcement bodies store samples of waste for regulation or investigation at locations other than where the samples are tested or analysed.

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

Activity this RPS applies to

Regulatory and enforcement bodies or their contractors can use this RPS when they are storing samples of waste:

  • for regulation or investigation at locations other than where the samples are tested or analysed
  • at the place of testing or analysis under other powers to those listed in the registerable D5 waste exemption

Conditions you must comply with

You must:

  • store and separate samples of dangerous substances in line with Chemical warehousing: The storage of packaged dangerous substances HSG 71
  • store the waste in a secure place – where you have taken all reasonable precautions to prevent waste escaping and where members of the public cannot access it
  • 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:

  • store more than 1 tonne of samples of waste at any time in any one location
  • store the samples of waste for more than 12 months, or if the samples have been taken to use in court proceedings, for more than 12 months after the proceedings have finished

Things to note

You can register a D5 waste exemption if you store samples of waste at the place of testing or analysis.

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.

When you must check back

The Environment Agency will review this RPS by 30 June 2026.

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.

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 and must tell the Environment Agency immediately.

Contact the Environment Agency

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

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