Regulatory Decision 098: Temporary secure storage of fly-tipped waste and waste from trash screens and public bins
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 use of unbound pulverised fuel ash (PFA) and furnace bottom ash (FBA) in specified circumstances without the need for an environmental permit.
The Waste Protocols Project considered whether a generic end of waste position could be developed for the use of unbound PFA and FBA. The work concluded that a quality protocol, setting out the end of waste criteria for the production and use of unbound PFA and FBA, could not be produced at this time. Industry is currently working with Natural Resources Wales to assess the impact of use of unbound PFA in the environment.
This Regulatory Decision (RD) applies if you temporarily store fly-tipped waste and waste from trash screen clearance and public litter bins securely at a site other than where it was produced, pending recovery or disposal of it elsewhere.
The site where waste has been fly-tipped is the site of production. The same applies to waste which is cleared from trash screens on waterways or where waste has been placed in public litter bins. When someone collects them and takes them to a site to store them before they are collected for final recovery or disposal elsewhere, then that site requires an environmental permit.
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 pursue an application for an environmental permit for the activity where:
- You are the owner of the land or are responsible for clearing the land where the fly tipped material has been dumped, the trash screen has been cleared, or the litter bin has been located
- You are also the owner of the land or responsible for the site where the waste is stored
- The total quantity of non-hazardous waste stored at any one site, at any one time does not exceed 20 cubic metres
- The total quantity of hazardous waste stored at any one site, at any one time does not exceed 5 cubic metres
- The waste is stored securely and for no longer than six months. ‘Securely’ means the waste cannot escape and unauthorised persons are prevented from accessing it
- Any hazardous wastes are consigned in accordance with the Hazardous Waste (Wales) Regulations 2005
Enforcement
This RD does not change your legal requirement to have an environmental permit for a waste operation when temporarily securely storing fly-tipped waste and waste from trash screens and public bins.
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