Statutory guidance

Treating organic distillery waste in a wormery: RPS 311

Published 1 October 2024

Applies to England

© Crown copyright 2024

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This publication is available at https://www.gov.uk/government/publications/treating-organic-distillery-waste-in-a-wormery-rps-311/treating-organic-distillery-waste-in-a-wormery-rps-311

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

  • have an environmental permit for a waste operation when you treat waste from a distillery
  • register and rely on a T26 waste exemption when your activity falls within that exemption

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

This RPS applies to storing and treating organic distillery waste (waste code 02 07 02) consisting of spent grains, hops, yeast, malt husks, malt sprouts and yeast slurry in a wormery at the site of production.

2. Conditions you must comply with

For the treatment you must:

  • comply with the conditions and limits in the T26 waste exemption, other than the condition listing the type of waste you can treat
  • only accept and treat organic distillery waste (waste code 02 07 02) consisting of spent grains, hops, yeast, malt husks, malt sprouts and yeast slurry
  • keep records for 2 years from the date of the last use of this RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must only spread the resulting compost to land:

3. 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.

4. When you must check back

The Environment Agency intends to review this RPS by 30 September 2027.

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.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having 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:

  • stop the activity to which this RPS relates
  • tell the Environment Agency immediately by emailing enquiries@environment-agency.gov.uk and put ‘Treatment of organic distillery waste in a wormery: RPS 311’ in the subject

6. Contact the Environment Agency

If you have any questions about this RPS email enquiries@environment-agency.gov.uk and put ‘Treatment of organic distillery waste in a wormery: RPS 311’ in the subject.

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