Guidance

Exceeding storage limits for waste plastic at permitted sites: RPS

Published 18 January 2021

This guidance was withdrawn on 4 May 2021

This regulatory position statement has expired.

Applies to England

Normally, you must comply with the waste storage limits in your environmental permit.

You can temporarily exceed the limits for storing waste plastic if you cannot remove it from your site because of disruption caused by changes to the Basel Convention, if you:

• have received prior written agreement from the Environment Agency
• comply with conditions in this regulatory position statement (RPS)

See the ‘contact’ section for how to get our agreement and the details you must provide. We will assess these details and tell you if we agree to your request. We may specify limits to the maximum quantity of waste you can store or how long you can store it for. You must comply with these limits.

This RPS does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.

When this RPS applies

This RPS only applies:

• to non-hazardous waste plastic that is a mixture of polymers destined for export
• to waste plastic that meets the requirements of the Basel code B3011 destined for export to non-OECD (Organisation for Economic Co-operation and Development) countries
• if you have applied for a Transfrontier shipment of waste notification for that waste
• to waste types you are allowed to store under your permit

You must be able to demonstrate that you need to temporarily store more waste plastic than your permit allows because of disruption caused by changes to the Basel Convention.

You must also be able to show that you have taken all reasonable steps to comply with the waste storage limits in your permit. Reasonable steps include contingency planning to:

• avoid or minimise disruption to your business because of changes to the Basel Convention
• avoid exceeding the waste storage limits in your permit, or if not possible, to minimise the amount of waste you store above these limits
• minimise the length of time you store waste above the storage limits in your permit

Conditions you must comply with

You must:

• get written agreement in advance from the landowner to store the extra waste plastic above your permit limits, if you are not the landowner
• not exceed any storage limits set out in the Environment Agency’s written agreement
• stop accepting additional waste plastic at your site if there is a risk to human health or the environment or within 24 hours if we send you written notification to do so
• review (in writing) the risks of storing additional waste plastic and how these will affect any plans (for example your management system and fire prevention plan) and amend these plans as needed, before you store waste above your permit limits
• record any changes you make to your plans and comply with these changes – show your staff the record of these changes and show the Environment Agency if they request it
• store all waste plastic within the permitted site boundary
• keep all storage areas secure to prevent unauthorised access
• rotate the waste you receive on site so that the waste you receive first is removed from the site first, and keep separate wastes of different storage age
• make sure all waste above the limits in your permit is removed from the site as soon as is reasonably practicable, and in any event by 30 April 2021 unless we have agreed otherwise in writing

Keeping records

You must keep records that show:

• why you needed to use this RPS for example, staff absences, contractors being unavailable and supply chain failures
• how you complied with the conditions in this RPS

You must keep these records for 2 years after this RPS has expired, including any extensions to it. You must make them available to the Environment Agency on request.

General conditions

You must make sure your activities do not endanger human health or the environment.

You 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

Places of special interest include but are not limited to:

• European sites (Special Areas of Conservation and Special Protection Areas)
• Ramsar sites
• Sites of Special Scientific Interest
• national and local nature reserves
• Areas of Outstanding Natural Beauty
• Marine Conservation Zones
• National Parks

Enforcement

Using this RPS means that the Environment Agency will not normally take enforcement action against you provided:

• you received prior written agreement from the Environment Agency
• your activity meets the description set out in this RPS
• you comply with the conditions set out in this RPS
• your activity does not, and is not likely to, cause environmental pollution or harm human health

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.

When to check back

We will withdraw this RPS on 30 April 2021 unless we extend it. After this date you must comply with your permit.

Contact the Environment Agency

You must get written agreement from the Environment Agency before you can use this RPS.

Email us with the following details:

• name of the operator
• permit number
• location of the site
• the maximum quantities of each type of waste plastic you will store
• the length of time you will temporarily exceed the waste storage limits in your permit
• confirmation that you will comply with all the conditions of this RPS

Put this wording in the title of your email:

‘Exceeding storage limits for waste plastics at permitted sites: RPS – for action’