Storing treated sewage sludge: RPS 253
Published 25 November 2021
Applies to England
© Crown copyright 2021
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This regulatory position statement (RPS) is about the storage of dewatered treated sludge. This RPS only applies to sludge producers who store their dewatered treated sludge not at the place it will be used. A sludge producer is anyone who manages a plant at which sludge is produced.
This RPS does not alter your legal obligations under any permit or exemption or relevant legislation. However, if you follow the conditions in this RPS, the Environment Agency will not normally take enforcement action for the storage of dewatered sludge without an environmental permit.
You must tell the Environment Agency before you use this RPS for the first time.
Email enquiries@environment-agency.gov.uk
Sludge has the same meaning as in the Sludge (Use in Agriculture) Regulations 1989 (SUiAR):
“Sludge means residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters.”
When this RPS applies
This RPS only applies:
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to sludge producers who store dewatered treated sludge not at a place it will be used
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if you can demonstrate that you have taken all reasonable steps to move treated sludge to agricultural land for use under the SUiAR, but are unable to do so
Reasonable steps include:
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contingency planning to avoid or minimise disruption when you cannot supply treated sludge to farmers to use on their land due to unplanned or exceptional circumstances (for example widespread cancellation of supply contracts, prolonged adverse weather or a disease outbreak)
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emergency response planning to minimise the impact and duration of not being able to comply with your permit or exemption
This RPS does not apply to any other activity, even if it is under the same legislation. You may still need other permits, exemptions or licences for other activities you carry out.
Conditions you must comply with
You must:
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do a risk assessment to identify the environmental risks – you must address these risks before you store any dewatered treated sludge
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only store dewatered treated sludge which meets the descriptions in Waste codes for sewage sludge and sludge containing other materials: RPS 231 – this does not include septic tank sludge (which can go to a sewage works) and waste containing sewage sludge (this is covered by the Environmental Permitting Regulations)
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only store sludge which has been treated in line with the SUiAR, the Sewage sludge in agriculture: code of practice and the Safe Sludge Matrix
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as the sludge producer, remain in control of the stored treated sludge
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meet all the environmental protection requirements in the S3 waste exemption except for the storage quantity limit and the requirement to store the treated sludge at the place where it will be used
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only store up to 3,000 tonnes of treated sludge in a location at any one time
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only store treated sludge where the dewatered sludge is stackable – this means the material is solid enough to be stacked in a free-standing heap without slumping and does not allow free drainage from within the stacked material
You must comply with all the other requirements of your environmental permit or exemption.
You must keep records that show why you needed to use this RPS. For example, records of:
- contractors being unavailable to deliver sludge to farms
- supply chain failures
You must keep these records for 2 years after this RPS expires, including any extensions to it. You must make them available to the Environment Agency on request.
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
Places of special interest include but are not limited to:
- European sites (Special Areas of Conservation and Special Protection Areas)
- Ramsar sites
- Sites of Special Scientific Interest
- national and local nature reserves
- Areas of Outstanding Natural Beauty
- Marine Conservation Zones
- National Parks
Continue to notify us of any performance issues or pollution incidents as required by your permit or exemption.
Enforcement
This RPS means that the Environment Agency will not normally take enforcement action against you if:
- 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
- you have taken all reasonable steps to comply with your permits or exemptions
If you operate under this RPS and think you may no longer be able to comply with its conditions you must tell your water company account manager immediately.
The Environment Agency will monitor how operators use and comply with this RPS through its proportionate, risk-based inspection and monitoring activity.
When to check back
This RPS will be withdrawn on 31 August 2022 unless we extend it. After this date you must comply with your permits.
Contact the Environment Agency
You must tell the Environment Agency before you use this RPS for the first time.