Guidance

Use of manufactured topsoil: RPS 190

Updated 24 August 2023

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 store and use a manufactured topsoil made from waste.

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 applies to the storage and use of manufactured topsoil made from waste or a mixture of waste and non-waste, including PAS 100 quality protocol compliant compost.

Conditions you must comply with

You must:

  • make sure the manufactured topsoil you use was produced in accordance with BS 3882:2015 at a site permitted under SR2010 number 11 or SR2010 number 12, or a bespoke permit
  • keep a record of the amount of manufactured topsoil you receive
  • comply with the waste duty of care when you transport, store and use manufactured topsoil
  • only use the manufactured topsoil to establish a vegetative layer as a top-soil substitute for landscaping
  • make sure the manufactured topsoil you use has been produced from the following wastes only:
    • 01 01 02 - chalk only (clean, naturally occurring stone materials)
    • 01 04 08 - waste chalk other than those mentioned in 01 04 07 (clean, naturally occurring stone materials)
    • 01 04 09 - waste sand and clays (clean, naturally occurring soil and mineral materials)
    • 02 01 06 - horse manure only
    • 02 01 99 - spent mushroom compost from the growing of mushrooms only
    • 02 03 01 - soil from cleaning and washing fruit and vegetables only
    • 02 04 01 - soil from cleaning and washing beet
    • 17 05 04 - soil and stones including chalk from greenfield sites (clean, naturally occurring topsoil and subsoil)
    • 20 02 02 - soil and stones (clean, naturally occurring topsoil and subsoil
  • 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:

  • use more than 1,000 tonnes of manufactured topsoil at any one site
  • use the manufactured topsoil on a site already regulated by an environmental permit or a registered waste exemption
  • use the manufactured topsoil on land used (or intended to be used) for agriculture
  • use the manufactured topsoil for commercial horticulture or home gardens to grow crops
  • use the manufactured topsoil at depths greater than 300mm
  • store the manufactured topsoil in any one place for more than 12 months before use

Things to note

The waste code for manufactured topsoil made from waste is 19 12 12.

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 1 July 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. Email waste.treatment@environment-agency.gov.uk with Use of manufactured topsoil: RPS 190 in the subject.

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.