Guidance

Storing fly-tipped waste and waste from trash screens and litter bins: RPS 60

Updated 7 October 2022

Applies to England

This regulatory position statement (RPS) applies to temporarily storing the following waste on land other than where it was produced before its collection for recovery or disposal:

  • fly-tipped waste
  • waste taken from trash screens (structures that reduce the amount of litter and debris entering culverts, outfalls, or channels in a watercourse)
  • waste from public litter bins

The RPS does not change your legal obligations to get an environmental permit for this activity.

However, the Environment Agency will not normally take enforcement action against you if do not comply with these legal obligations 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 cause (and is not likely to cause) pollution of the environment or harm to human health

Conditions you must comply with

You must:

  • be the landowner or be responsible for clearing the land where the fly-tipped waste has been dumped, the trash screen has been cleared, or the litter bin is located
  • be the landowner or be responsible for the site where the waste is to be temporarily stored
  • make sure that waste is properly assessed, described and classified as required by the waste classification technical guidance
  • make sure any hazardous waste is consigned in line with the hazardous waste regulations and you comply with the waste duty of care for any non-hazardous waste
  • store the waste securely so that it cannot escape and members of the public are unable to gain access to 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 20 cubic metres of non-hazardous waste at any one site at any one time
  • store more than 5 cubic metres of hazardous waste at any one site at any one time
  • store the waste for more than 6 months

When you must check back

The Environment Agency will review this RPS by 12 August 2025. You will need to check back then to see if it still applies or if you need to apply for an environmental permit.

The Environment Agency can withdraw or amend this enforcement position before it expires if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

If you cannot comply with this RPS

If you operate under this RPS but think you may no longer be able to comply with its conditions, you must tell the Environment Agency immediately.

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.