Guidance

Using PAS 108 tyre bales in civil engineering projects and landfill infrastructure works: RPS 85

Updated 1 February 2019

This guidance was withdrawn on 21 November 2019

We have withdrawn this RPS. Operators now need a deposit for recovery permit if they are to use baled tyres in construction and cannot meet the U2 waste exemption, use of baled end-of-life tyres in construction. For advice on storing and using tyres in landfill infrastructure please refer to our guidance Design and build your own landfill site.

Applies to England

This regulatory position statement (RPS) applies if you want to store and use PAS 108 tyre bales in civil engineering projects or landfill infrastructure works, for example in leachate drainage layers at permitted landfill sites.

You must not use this RPS to dispose of tyres or tyre bales. The tyres you use must be a permanent part of the civil engineering or landfill structure.

If you follow the conditions in this RPS you do not need to apply for a waste recovery environmental permit.

Conditions you must comply with

You must notify the Environment Agency in writing to confirm:

• the location of your proposed construction project
• what you will use the tyre bales for
• who will supply the tyre bales
• the number of tyre bales you will need
• that the tyres you will use conform to the latest version of BSI PAS 108
• when you will start work
• how long the project will last
• how long you will store the tyre bales
• the location of the proposed storage and construction areas
• the construction and quality assurance plans

You must:

• ensure that the project is supervised by a suitably qualified engineer and supply their name and contact details
• follow a written fire prevention plan to prevent, detect, contain and mitigate fires
• ensure there is access for fire and rescue service vehicles
• store the tyre bales in a secure location to prevent access by the public
• comply with land use planning and other statutory controls

You must not:

• start work until you have received written confirmation from the Environment Agency that they have approved your project
• store more tyre bales than you need to complete the project
• store more than 1,000 tyre bales in any location - multiple storage sites for major projects will be considered on a case by case basis
• store tyre bales for more than 3 months before you start using them
• use tyre bales beneath the water table, within source protection zones 1 or 2 or in very acidic (pH5 or below) ground conditions

You must make sure that your activity does 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

If you cannot comply with the conditions in this RPS you must do both of the following:

• apply for a waste recovery environmental permit
• confirm that the tyre bales will be recovered through a waste recovery plan

Enforcement

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

• 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

When to check back

This RPS will be withdrawn on 31 October 2019. After 31 October you will need a waste recovery environmental permit to store and use PAS 108 tyre bales in civil engineering projects and landfill infrastructure works.

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.