Regulatory Decision 029: Storage of waste aerosol containers
This Regulatory Decision (RD) is valid until 1 June 2025 by which time it will be reviewed. You should check back at that time to ensure the RD is still valid.
NRW can withdraw or amend this RD before the review date if we consider it necessary. This includes where the activities that this RD relates to have not changed.
Regulatory Decision
If you comply with the requirements below, we will allow the storage of waste aerosol containers on the premises of washroom services companies without an environmental permit.
The revisions to the waste exemptions regime which came into force in April 2010 removed a previous exemption which covered the storage of waste aerosol containers.
This means that operators proposing to store waste aerosol containers prior to disposal or recovery elsewhere would normally be expected to apply for an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016.
If you cannot comply with the conditions in this RD, you need to apply for an environmental permit.
Conditions you must comply with
We will not require operators wishing to store waste aerosol containers from the servicing of washrooms and similar hygiene facilities, prior to disposal or recovery elsewhere, to apply for an environmental permit provided that:
- storage takes place away from the site of production
- the volume stored does not exceed three cubic metres
- the maximum storage time for any one item does not exceed three months
- you follow the relevant guidance
Aerosol containers are hazardous wastes and the controls appropriate to hazardous wastes will still apply. However, for consigning the cans from the site of production to the first place of collection, you do not need to enter separate consignments for these aerosol containers on your consignee return as long as certain rules are followed. Find details on consignee returns derogations.
Waste aerosol cans should be packaged and carried in accordance with the relevant legislation.
Find out more about appropriate packaging.
Find out more about carriage of goods.
Enforcement
This RD does not change your legal requirement to have an environmental permit for a waste operation when storing waste aerosol containers on the premises of washroom services companies.
However, NRW will not normally take enforcement action if you do not comply with the need for an environmental permit if you meet the requirements in this RD.
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