Regulatory statement 051.3 Storing and managing 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 deal with excavated waste from unplanned utilities installation and repair works. It allows you to accept and store the mirror-hazardous versions of the wastes listed in this RS where your permit only allows the corresponding mirror non-hazardous codes.
You can also treat the wastes listed in this RS if they have been assessed as non-hazardous under RS117.2 Classify excavated waste from unplanned utilities installation and repair. You should read that RS to understand how the waste that it covers is classified.
If you treat waste, you must test any materials produced from that treatment for hazardous properties in line with WM3.
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.
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
This RS only covers excavated wastes produced by (or on behalf of) utility companies that are members of Street Works UK and are from unplanned utilities installation and repair.
You must operate a permitted waste site that can accept these waste codes (except where you are the producer storing the waste at a site you control, which is covered by the Non-Framework Directive Exemption):
- 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:
- update your environmental management system to explain how you will manage wastes you accept under this RS at your permitted operation
- store wastes received under this RS separated by waste code (for example storing 17 03 02 bituminous waste separate to 17 09 04 sub-base)
- store waste received under this RS separate to other (non-street works) wastes you receive
- store waste that has been classified as hazardous under RS117.1 separated by different works (using the works permit reference, or work order number to identify different works) until it has been tested in line with Technical Guidance WM3
- keep records (including transfer documents and sampling results) 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 not:
- change the classification of any waste you receive under this RS unless it has been sampled and tested to show that it should be classified differently
- treat waste that has been classified as hazardous under RS117.1, unless your permit allows you to treat that specified hazardous waste
You must not use waste received under this RS in any Quality Protocol or end of waste process unless it has been:
- sampled and tested in line with WM3
- confirmed to be both non-hazardous and suitable as an input material
Enforcement
This RS does not change your legal requirement to comply with your permit conditions.
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