Guidance

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

Environment Agency enforcement position on when you can accept waste with codes that are not listed in your waste authorisation or the quality protocols.

Applies to England

Documents

Details

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

  • your environmental permit
  • your registered 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 comply with the requirements in this RPS, the Environment Agency will not normally take enforcement action when you accept waste with codes not in:

  • your environmental permit
  • your registered exemption
  • the terms of a low risk waste position
  • the specified quality protocols

You can then use the waste codes set out in this RPS to replace ‘not otherwise specified’ waste codes.

This enforcement position does not apply to any other legal requirements.

Updates to this page

Published 13 September 2021
Last updated 10 January 2023 + show all updates
  1. Extended this regulatory position statement - the Environment Agency will next review it by 1 December 2025. Clarified the conditions and removed references to permits it no longer relates to.

  2. We have corrected '19 05 99: compost produced for growing mushrooms' - you can continue to accept this waste as 19 05 99: compost produced for growing mushrooms. Clarified '02 01 99: spent mushroom compost and fully biodegradable bedding' - you can continue to accept spent mushroom compost as 02 01 99: spent mushroom compost from growing mushrooms.

  3. Amended an incorrect waste code for hemp chaff produced from processing hemp into construction and animal bedding products.

  4. First published.

Sign up for emails or print this page