Use of clay in slurry lagoons or irrigation reservoirs: RPS 91
Updated 16 October 2023
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This publication is available at https://www.gov.uk/government/publications/use-of-clay-in-slurry-lagoons-or-irrigation-reservoirs-rps-91/use-of-clay-in-slurry-lagoons-or-irrigation-reservoirs-rps-91
This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you use waste clay to construct slurry lagoons or irrigation/winter storage reservoirs.
However, the Environment Agency will not normally take enforcement action against you if you do not comply with this legal requirement provided that:
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your activity meets the description set out in this RPS
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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:
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cause a risk to water, air, soil, plants or animals
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cause a nuisance through noise or odours
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adversely affect the countryside or places of special interest
Activity this RPS applies to
This RPS relates to the use of up to 6,000 tonnes of waste clay (waste code 17 05 04) from construction and excavation sites in the construction of:
- slurry lagoons
- irrigation or winter storage reservoirs
Conditions you must comply with
You must:
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construct slurry lagoons in line with the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 regulation 4 and schedule 2 (read guidance on storing silage, slurry and agricultural fuel oil )
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make sure the irrigation or winter storage reservoir meets, where relevant, the requirements and standards of the Reservoirs Act 1975 and the Flood and Water Management Act 2010
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make sure both the clay and the construction are certified fit for purpose by a suitably qualified engineer
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only use waste clay that has come from construction and excavation sites and does not contain hazardous substances
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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:
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use more than 6,000 tonnes of waste clay per construction
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use this RPS in conjunction with waste exemption: U1 use of waste in construction
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 will review this RPS by 28 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 stop the activity to which this RPS relates and must tell the Environment Agency immediately. You must contact your local Environment Agency office.
Contact the Environment Agency
If you have any questions about this RPS email enquiries@environment-agency.gov.uk.