Guidance

Storing vehicles carrying waste seized by regulators: RPS 258

Updated 9 December 2025

Applies to England

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This publication is available at https://www.gov.uk/government/publications/storing-waste-onboard-vehicles-seized-by-regulators-rps-258/storing-waste-onboard-vehicles-seized-by-regulators-rps-258

This regulatory position statement (RPS) does not change your legal requirement to:

  • have an environmental permit where one is required
  • register an activity as exempt where you are required to do so

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

1. Activity this RPS applies to

The storage of vehicles carrying waste that have been seized by or on behalf of a seizure authority, whilst carrying out their statutory duties.

2. Conditions you must comply with

You must:

  • store the vehicle or vehicles carrying waste in a secure place to prevent unauthorised access

  • give the seizure authority that seized the vehicle or vehicles the storage site’s address and details of the vehicle or vehicles stored

  • keep the waste onboard the vehicle or vehicles, as it was when they were seized

  • store no more than 160 cubic metres of waste at any time at any site

  • to prevent pollution, all waste must be stored in a manner to prevent the ingress of water, reduce odour and to prevent litter or particles from escaping

  • seized vehicles carrying inert waste can be stored on a hardstanding

  • vehicles carrying biodegradable or liquid waste must be stored on an impermeable surface with a sealed drainage system

  • inspect vehicles with waste onboard at least weekly and take appropriate remedial action to stop the waste causing pollution

  • tell the Environment Agency as soon as possible if you receive complaints about pollution (using the incident telephone hotline 0800 80 70 60) – you must also tell the seizure authority that seized the vehicle if they are not the Environment Agency

  • store the vehicle carrying or transporting waste temporarily and for no longer than 1 month after the enforcement authority or court have decided to release the vehicle, either back to its owner or for resale or destruction

  • keep records relating to the storage of seized vehicles carrying waste, the disposal of such vehicles and the disposal of any waste contained in them, for a period of 3 years

You must not:

  • undertake any waste treatment, disposal, sorting or re-packaging activities unless there is a risk of pollution

3. Things to note

The only treatment this RPS allows is the repackaging of the waste in an emergency to prevent pollution. For example, putting a damaged chemical drum into an overdrum to contain leaks.

You must ensure that all vehicles carrying waste and the waste itself do not cause pollution of the ground, air, surface or groundwater.

All records required to be kept under this RPS should be made available to the Environment Agency upon request and demonstrate compliance with the RPS conditions.

4. When you must check back

The Environment Agency will review this RPS by 30 April 2028.

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:

6. Contact the Environment Agency

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk with RPS 258 in the subject.

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