Regulatory statement 131: Storage of Waste Temperature Exchange Equipment (WTEE) (fridges and freezers) under the S2 waste exemption

This regulatory statement (RS) is valid until 1 August 2027 by which time it will be reviewed. You should check back at that time to ensure the regulatory statement is still valid.

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

Regulatory statement

This regulatory statement (RS) applies if you store Waste Temperature Exchange Equipment (WTEE) under an S2 waste exemption.

The S2 exemption allows the storage of this waste type, however there are conditions limiting how this waste should be stored. This RS clarifies that when WTEE is stored under this exemption we will not enforce the storage of WTEE on a site for up to a period of 12 months and the requirement for weatherproof covering (unless damaged/leaking).

WTEE are items that contain volatile refrigerant gases or insulating foam blowing agents, including:

• fridge and freezer appliances – domestic, commercial and industrial units (for example, fridges, chest freezers, chilled display cabinets), including insulation panels and doors removed from appliances and cold rooms
• air-conditioning appliances, excluding permanently installed fixtures in buildings and large industrial fixtures
• heat pumps
• heat pump tumble-dryers, including combined washer-dryers
• de-humidifier appliances
• appliances that dispense cold products (for example, water coolers, ice cream makers and ice cube dispensers)

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.

Conditions you must comply with

You must:

• register an S2 exemption at the location where you store the WTEE if not already registered
• store only WTEE described as List of Waste 16 02 11*, 16 02 13*, 20 01 23*
• store waste on an impermeable surface with sealed drainage
• keep records for 2 years that show you have complied with this RS – you must make these records available to Natural Resources Wales on request
• comply with the guidance on handling business or commercial waste
• comply with hazardous waste controls
• Notify NRW if you intend to use this Regulatory Statement and provide your S2 waste exemption registration reference by emailing enquiries@naturalresourceswales.gov.uk with the RS reference number in the subject 

You must not:

• store waste for more than 12 months
• treat any WTEE stored under this RS 
• store mixed waste
• mix hazardous with non-hazardous waste

Enforcement

This RS does not change your legal requirement to have an environmental permit for a waste operation when storing WTEE.

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 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