Guidance

Temporary storage of waste sandbags after a flood: RPS 168

Updated 9 February 2024

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you temporarily store waste sandbags at collection points.

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

This RPS is for local authorities, and those acting on their behalf, who need to set up temporary collection points to store waste sandbags (17 09 03* or 17 09 04) that have been used during a flood. 

Conditions you must comply with

You must:

  • store all waste sandbags in a secure place – one where you have taken reasonable precautions to prevent waste escaping and where members of the public cannot access them
  • carry out a visual and olfactory (smell) assessment to help determine whether they may be hazardous waste – such as being contaminated with oil or fuels
  • segregate and store discarded sandbags that may be contaminated with hazardous waste in secure containers, or in an area with impermeable pavement and sealed drainage
  • use a registered waste carrier to transport waste sandbags from the temporary collection point to a permitted site for recovery or disposal
  • keep records for 2 years that show you have complied with this RPS – you must make these records available to the Environment Agency on request

You must not store waste sandbags for longer than 3 months before they are sent for recovery or disposal at a permitted site.

Things to note

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 intends to review this RPS by 30 September 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:

Contact the Environment Agency

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