What does the RPS 211 withdrawal mean for you?
Up until 31 January 2019, small volumes of waste (up to 10m3) produced as a result of unplanned utility installations and repair works could be disposed of as non-hazardous waste as default, without the classification to prove it was non-hazardous - or determine otherwise.
The withdrawal of RPS 211 by the Environmental Agency, will require companies who are producing, transporting, keeping, processing, controlling, using or disposing of excavated waste from unplanned utilities installation of repair works to classify their waste – no matter what the volume.
How do I stay Compliant?
Regardless of volume, those excavating waste for the utilities industry should do so in line with the hazardous waste technical guidance, WM3:
• delivering an Environment Agency approved protocol for the classification and assessment of excavated utilities waste
• implement compliance with the legal requirement to correctly classify and assess this waste
If waste has been stockpiled under the RPS, this will also require assessing or otherwise be deemed as hazardous.
Reusing materials without a suitable permit, exemption or materials management plan can result in your waste being non-compliant. Failure to comply will risk being prosecuted and fined.
Waste Classification Process
To comply with waste classification guidance, WM3, there should always be an:
- Assessment Stage to accurately classify contaminants in waste or soil, and determine whether they are hazardous, or non-hazardous.
-Sampling Plan to outline the appropriate number of samples and sample density required to accurately and efficiently classify waste in line with guidance.
If the material is shown to be non-hazardous, a further test called a WAC test can be carried out to assess if the waste can be classified as inert.
The result of waste classification is an EWC code, which defines the source of the material and confirms the types of facility that the waste can be taken.