Regulatory statement 117.2: Classifying excavated waste from unplanned utilities installation and repair

This regulatory statement (RS) is valid until 31 March 2027 by which time it will be reviewed. You should check back at that time to ensure the RS is still valid. 

NRW can withdraw or amend this RS before the review date if we consider it necessary. This includes where the activity that this RS relates to have not changed.

Regulatory statement

This RS applies to operators who classify excavated waste produced through road and street works where sampling is not possible before removing the waste from the excavation site.

This does not include, but is not limited to:

• hazardous waste with an odour of coal tar or other petroleum hydrocarbons
• containing visible asbestos or asbestos containing materials

This RS only applies when you do work under ‘immediate’, ‘minor’, and ‘standard’ permits following the New Roads and Street Works Act 1991 (NRSWA). This also includes ‘major works’ where a ‘major’ permit is required due to traffic management only.

The following volume limits apply to each individual excavation within a works undertaken under a NRSWA permit or work order.

• If you produce less than 15 cubic metres (m³) of waste you can move it as non-hazardous (except where there is any indication that the waste may be hazardous) without a hazardous waste assessment under the Technical Guidance on the Classification and Assessment of Waste (WM3).
• If you produce more than 15m³ of waste you must consign it as hazardous waste in line with the Hazardous Waste Regulations and complete a consignment note.

You must still identify the appropriate classification codes using WM3.

If you consign the waste without classification in line with this RS you can transfer these wastes to permitted waste sites that do not have the corresponding hazardous waste codes listed if they comply with the conditions of RS051.3 Storing and managing excavated waste from unplanned utilities installation and repair.

If you cannot follow the conditions in this RS, you must follow the waste classification technical guidance to assess and classify all excavated waste.

This RS 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.

This RS is linked to RS51.3 Storing and managing excavated waste from unplanned utilities installation and repair. You should read that RS to understand where you can take the waste you classify under this RS.

We are aware that the trade body Street Works UK have developed a methodology for assessing utility waste arisings. We are currently considering our approach to this methodology and this RS will be updated in due course.

Conditions you must comply with

You must:

• only use this RS when you cannot legally access the site to carry out preliminary sampling before you start excavation works
• separate the waste by waste code type during excavation and transport (for example, the bituminous layer and the sub-base must be kept separate)
• move waste to either a site controlled by the producer, or to a suitably permitted site that is compliant with RS51.3 Storing and managing excavated waste from unplanned utilities installation and repair
• include the works permit reference (or work order number) and details of the specific excavation the waste was collected from, and put ‘classified using RS117.2’ in the description on any consignment note or waste transfer note accompanying the waste
• keep records of all waste movements for 2 years (or 3 years for hazardous waste) to show that you have complied with this RS and make these records available to the Natural Resources Wales on request

You must only apply this RS to wastes coded:

• 17 01 01 concrete
• 17 01 02 bricks
• 17 01 03 tiles and ceramics
• 17 01 06* and 17 01 07 mixtures of concrete, bricks, tiles and ceramics
• 17 03 01* and 17 03 02 bituminous mixtures
• 17 05 03* and 17 05 04 soil and stones
• 17 09 03* and 17 09 04 mixed construction and demolition wastes

Note: an asterisk (*) next to the code means it is a hazardous waste. Hazardous waste codes must only be used for waste over 15m³ which is classed as hazardous.

You must not:

• treat or use the waste under a waste exemption
• transfer the waste to an exempt facility
• use this RS for any waste that is, or is suspected to be, hazardous

Enforcement

This RS does not change your legal requirement to:

• assess and classify waste in accordance with waste classification guidance (WM3) when you move waste produced during street works and utility works
• make sure that the person receiving the waste is authorised to receive it

However, NRW will not normally take enforcement action if you meet the requirements in this RS.

In addition your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and 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