Guidance

Replacing the use of ‘not otherwise specified’ waste codes: RPS 241

Updated 10 January 2023

Applies to England

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This publication is available at https://www.gov.uk/government/publications/waste-codes-not-otherwise-specified-rps-241/waste-codes-not-otherwise-specified-rps-241

When accepting waste, this regulatory position statement (RPS) does not change your legal requirement to comply with:

  • your environmental permit
  • your registered waste exemption
  • the terms of a low risk waste position you are using
  • a relevant quality protocol to achieve ‘end of waste’ status

However, if you accept waste with codes that are not listed in your waste authorisation, the Environment Agency will not normally take enforcement action against you if do not comply with these legal requirements provided:

  • your circumstances meet 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) environmental pollution or harm human health, or:

  • 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

When this RPS applies

The waste classification technical guidance (WM3)  includes instructions on how to use the List of Waste. It includes using waste codes ending in ‘99’ – these are wastes ‘not otherwise specified’.

This RPS applies to replacing the use of not otherwise specified waste codes in the following permits, exemptions, low risk waste positions and quality protocols:

Appendix 1 sets out:

  • the waste codes you can use to replace the not otherwise specified 99 waste codes
  • which permits, exemptions, positions and protocols you can use the waste codes under

Conditions you must comply with

You must:

  • 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
  • use the waste classification technical guidance (WM3) to classify waste
  • hold one of the specified environmental permits, exemptions or low risk waste positions to accept the waste
  • only use the most appropriate waste codes and descriptions for the waste
  • not accept hazardous waste

And you must comply with all the other requirements in your waste authorisation, which could be:

When you must check back

The Environment Agency will review this RPS by 1 December 2025. You will need to check back then to see if it still applies or if you need to take appropriate alternative action.

The Environment Agency can withdraw or amend this enforcement position before it expires if they consider it necessary. This includes where the circumstances 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.

Appendix 1: List of waste codes you can accept instead of not otherwise specified codes

02 01 99: milk from agricultural premises

Applies to:

Replacement waste code you can accept:

  • 16 10 02: milk from agricultural premises

02 01 99: untreated washwater from cleaning fruit and vegetables on farms

Applies to:

Replacement waste codes you can accept:

  • 02 01 01: soils and sludges from washing and cleaning fruit and vegetables on farms
  • 16 10 02: untreated washwater from cleaning fruit and vegetables on farms

02 01 99: slurry and manure and soiled bedding from any premises except abattoirs, soiled biodegradable bedding not made from plant tissue, and soiled bedding desiccants

Applies to:

Replacement waste code you can accept:

  • 02 01 06: slurry and manure and soiled bedding from any premises except abattoirs, soiled biodegradable bedding not made from plant tissue, and soiled bedding desiccants only

02 01 99: spent mushroom compost and fully biodegradable bedding

Applies to:

Replacement waste code you can accept for fully biodegradable bedding:

  • 02 01 06: fully biodegradable animal bedding

You can continue to accept spent mushroom compost as 02 01 99: spent mushroom compost from growing mushrooms.

02 01 99: fully biodegradable bedding

Applies to:

Replacement waste code you can accept:

  • 02 01 06: fully biodegradable animal bedding

02 01 99: spent mushroom compost

Applies to:

You can continue to accept this waste as 02 01 99: spent compost from growing mushrooms.

02 01 99: residues from commercial mushroom cultivation

Applies to:

Replacement waste code you can accept:

  • 02 01 03: residues from commercial mushroom cultivation

02 01 99: zoo manure from herbivorous animals

Applies to:

Replacement waste code you can accept:

  • 20 01 99: zoo manure from herbivorous animals only

02 02 99: slurry, manure and soiled bedding from abattoirs, including soiled biodegradable bedding not made from plant tissue and soiled bedding desiccants

Applies to:

Replacement waste code you can accept:

  • 02 01 06: slurry, manure and soiled bedding from abattoirs, including soiled biodegradable bedding not made from plant tissue and soiled bedding desiccants

02 02 99: washwaters from animal by-product handling and processing plants that meet the waste water treatment requirements in The Animal By-Products (Enforcement) (England) Regulations 2013

Applies to:

Replacement waste codes you can accept:

  • 02 02 01: sludges from animal by-product handling and processing plants that meet the waste water treatment requirements in the animal by-products regulations
  • 16 10 02: washwaters from animal by-product handling and processing plants that meet the waste water treatment requirements in the animal by-products regulations

02 02 99: sludges from gelatine production − animal gut contents

Applies to:

Replacement waste codes you can accept:

  • 02 02 02: animal tissue waste
  • 02 02 03: animal gut contents
  • 02 02 04: sludges from gelatine production

02 02 99: processed animal by-product material from rendering plants

Applies to:

Replacement waste codes you can accept:

  • 02 02 02: processed animal by-product material from rendering plants
  • 02 02 03: materials unsuitable for consumption or processing

02 02 99: catering waste

Applies to:

Replacement waste codes you can accept:

  • 02 02 03: materials unfit for consumption from the place of production
  • 20 01 08: biodegradable kitchen and canteen waste

02 03 99: soil from cleaning and washing fruit and vegetables

Applies to:

Replacement waste codes you can accept:

  • 02 03 01: soils from cleaning and washing fruit and vegetables only
  • 16 10 02: sludges from washing and cleaning fruit and vegetables

02 03 99: untreated wash waters from cleaning fruit and vegetables on farms

Applies to:

Replacement waste code you can accept:

  • 16 10 02: untreated wash water from cleaning fruit and vegetables

02 03 99: sludge from producing edible fats and oils, seasoning residues, molasses residues and residues from producing potato, corn or rice starch

Applies to:

Replacement waste codes you can accept:

  • 02 03 01: sludge from producing edible fats and oils, including seasoning residues, molasses residues and residues from producing potato, corn or rice starch
  • 02 03 04: biodegradable wastes from producing edible fats and oils, including seasoning residues, molasses residues and residues from producing potato, corn or rice starch
  • 02 03 05: sludge from producing edible fats and oils, including seasoning residues, molasses residues and residues from producing potato, corn or rice starch

02 03 99: biodegradable wastes not otherwise specified from the processing of such materials including those from secondary food processing or the cook-chill sector

Applies to:

Replacement waste codes you can accept:

  • 02 02 03: biodegradable wastes not otherwise specified from processing materials, including those from secondary food processing or the cook-chill sector
  • 02 03 04: biodegradable wastes not otherwise specified from processing materials, including those from secondary food processing or the cook-chill sector

02 04 99: other biodegradable wastes (from sugar processing)

Applies to:

Replacement waste codes you can accept:

  • 02 04 01: soils from washing and cleaning beet
  • 02 04 03: sludges from processing sugar
  • 02 03 01: sludges from processing sugar
  • 02 03 04: biodegradable wastes from processing sugar

02 05 99: biodegradable wastes not otherwise specified from processing dairy products

Applies to:

Replacement waste code you can accept:

  • 02 05 01: biodegradable wastes from processing dairy products

02 06 99: biodegradable wastes not otherwise specified from processing materials used in baking and confectionary

Applies to:

Replacement waste codes you can accept:

  • 02 06 01: biodegradable wastes from processing materials used in baking and confectionary
  • 02 06 03: sludges from processing materials used in baking and confectionary

The following descriptions for waste code 02 07 99

  • biodegradable wastes not otherwise specified from processing raw materials used in producing drinks (as described in landspreading permits)
  • wastes not otherwise specified – malt husks, malt sprouts, yeast and yeast-like residues
  • spent grains, hops and whisky filter sheets and cloths
  • spent grains, hops and whisky filter sheets and cloths, yeast and yeast like residues, sludge from production processes

Applies to:

Replacement waste codes you can accept:

  • 02 07 01: biodegradable waste from processing raw materials used in producing alcoholic and non-alcoholic drinks except coffee, tea and cocoa
  • 02 07 02: spent grains, hops and whisky filter sheets and cloths, yeast and yeast like residues, sludge from production processes or malt husks, malt sprouts, yeasts and yeast-like residues
  • 02 07 04: biodegradable wastes from processing raw materials used in producing alcoholic and non-alcoholic drinks, except coffee, tea and cocoa
  • 02 07 05: sludges from producing alcoholic and non-alcoholic drinks except coffee, tea and cocoa
  • 15 02 03: hops and whisky filter sheets and cloths

10 13 99: gypsum

Applies to:

Replacement waste code you can accept:

  • 16 03 04: gypsum from the manufacture of cement, lime and plaster

19 05 99: compost from non-source segregated biodegradable waste

Applies to:

Replacement waste code you can accept:

  • 19 05 03: compost-like output from non-source segregated biodegradable waste

19 05 99: liquor and digestate from aerobic treatment of source segregated biodegradable waste

Applies to:

Replacement waste code you can accept:

  • 16 10 02: liquor and digestate from aerobic treatment of source segregated biodegradable waste, or liquor or leachate from composting that accepts waste types listed in your standard rules permit

19 05 99: compost produced for growing mushrooms

Applies to:

You can continue to accept this waste as 19 05 99: compost produced for growing mushrooms.

19 05 99: compost produced in line with a treatment described in exemption T23 or T26 only

Applies to:

Replacement waste code you can accept:

  • 19 05 03: compost produced in line with a treatment described in exemption T23 or T26

19 08 99: waste effluent

Applies to:

Replacement waste code you can accept:

  • 16 10 02: final effluent from water treatment works or waste water treatment plant

19 08 99: centrate liquor

Applies to:

Replacement waste code you can accept:

  • 16 10 02: centrate liquor

19 09 99: waste water and bore hole flushings

Applies to:

Replacement waste code you can accept:

  • 16 10 02: waste water and bore hole flushings

20 01 99: lion faeces

Applies to:

You can continue to accept this waste as 20 01 99: lion faeces.

20 01 99: non liquid foods unsuitable for consumption or processing, excluding foods covered by the animal by-products regulations

Applies to:

Replacement waste code you can accept:

  • 20 01 08: non liquid foods unsuitable for consumption or processing, excluding foods covered by the animal by-products regulations

20 01 99 and 20 03 99: hemp chaff

Applies to:

Replacement waste code you can accept:

  • 04 02 21: hemp chaff produced from processing hemp into construction and animal bedding products

20 03 99: cesspool waste and other sewage sludge

Applies to:

Replacement waste codes you can accept:

  • 16 10 02 and 19 08 05: cesspool waste and other sewage sludge

20 03 99: wastes from railway sanitary conveniences

Applies to:

Replacement waste code you can accept:

  • 16 10 02: wastes from railway sanitary conveniences

20 03 99: waste from portable sanitary conveniences

Applies to:

Replacement waste code you can accept:

  • 16 10 02: waste from portable sanitary conveniences

02 05 01: milk unsuitable for consumption or processing

Applies to:

Replacement waste code you can accept:

  • 16 10 02: milk from agricultural premises

16 10 02: aqueous liquid wastes other than those mentioned in 01

This replacement waste code is only allowed if it is digestate from an aerobic digestion process that accepts only the waste input types allowed by the anaerobic digestate quality protocol.

Applies to:

Replacement waste codes you can accept:

  • 16 10 02: untreated wash water from cleaning fruit and vegetables on farms
  • 16 10 02: sludges from washing and cleaning fruit and vegetables on farms

02 04 99: wastes from sugar processing – other biodegradable wastes

Applies to:

Replacement waste codes you can accept:

  • 02 04 01: soils from washing and cleaning beet
  • 02 03 01: sludges from processing sugar
  • 02 04 03: sludges from processing sugar
  • 02 03 04: biodegradable wastes from processing sugar

02 07 99: wastes not otherwise specified – sludge from production processes

Applies to:

Replacement waste code you can accept:

  • 02 07 05: sludges from producing alcoholic and non-alcoholic drinks, except coffee, tea and cocoa

19 05 99: waste not otherwise specified

Applies to:

Replacement waste codes you can accept:

  • 16 10 02: liquor or leachate from a composting process that only accepts the waste input types allowed by the composting quality protocol
  • 16 10 02: digestate from an aerobic digestion process that only accepts the waste input types allowed by the anaerobic digestion quality protocol

02 05 01: raw milk unsuitable for consumption or processing

Applies to:

Replacement waste code you can accept:

  • 16 10 02: milk from agricultural premises

16 10 02: aqueous liquid wastes other than those mentioned in 01

This replacement waste code is only allowed if it is digestate from an aerobic digestion process that accepts only the waste input types allowed by the anaerobic digestate quality protocol.

Applies to:

Replacement wastes code you can accept:

  • 16 10 02: untreated wash water from cleaning fruit and vegetables on farms
  • 16 10 02: sludges from washing and cleaning fruit and vegetables on farms

19 05 99: waste not otherwise specified

Applies to:

Replacement wastes code you can accept:

  • 16 10 02: liquor or leachate from a composting process that only accepts the waste input types allowed by the composting quality protocol
  • 16 10 02: digestate from an aerobic digestion process that only accepts the waste input types allowed by the anaerobic digestate quality protocol
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