Guidance

Waste collection authorities contingency planning: RPS 79

Updated 22 February 2023

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit if you are a waste collection authority, or a contracted operator working on their behalf, operating temporary collection sites.

However, the Environment Agency will not normally take enforcement action provided:

  • 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) environmental pollution or harm human health, or:

  • cause a risk to water, air, soil, plants or animals
  • cause a nuisance through noise, odours, smoke, dust or vermin
  • adversely affect the countryside or places of special interest

When this RPS applies

This RPS applies to a waste collection authority or a contractor operating on their behalf.

This RPS only applies to operating additional temporary collection sites for a waste operation during a period of disruption to normal services, such as strike action or adverse weather.

Conditions you must comply with

You must:

  • get the Environment Agency’s agreement by email before you use this RPS – you must give details about the additional sites you will use including the start and end dates

  • 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:

  • have people on site during operational hours
  • place waste directly into containers or vehicles designed to carry waste and not store it on the ground
  • make sure the site is secure

You must not:

  • accept asbestos or oil – these waste types must be taken to a suitably permitted site
  • keep waste on site overnight

When you must check back

The Environment Agency will review this RPS by 31 January 2026. You will need to check back then to see if it still applies.

The Environment Agency can withdraw or amend this enforcement position at any time 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.