Regulatory Decision 025: The movement and use of treated asphalt waste containing coal tar
This Regulatory Decision (RD) is valid until 31 December 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 regulatory decision before the review date if we consider it necessary. This includes where the activity that this RD relates to has not changed.
Regulatory Decision
If you comply with the requirements of this RD, we will allow the final use of treated asphalt waste containing coal (AWCCT) tar in certain construction operations without an environmental permit. We will also relax the hazardous waste reporting requirements for the place of end-use of treated AWCCT.
It applies to the use of treated asphalt waste containing coal tar (AWCCT) in construction operations for hard paving structures such as roads, pavements, footways, car parks or airfields.
Asphalt waste is created when material is removed from paving structures, for example in the repair and refurbishment of roads and pathways. Where the binder used within the structure is bitumen only, asphalt waste is usually non-hazardous. However where the binding agents contain coal tar and exceed the relevant hazardous waste threshold, the asphalt waste will be classed as hazardous waste. In this document, the term AWCCT refers to asphalt waste that contains coal tar and is classed as hazardous.
AWCCT is commonly treated by crushing, grinding and screening, following which it is then used again in the construction of paving structures similar to those from which the waste arose for example roads or pathways. The use of AWCCT in these construction applications is a waste recovery operation that requires a permit under the Environmental Permitting (England and Wales) Regulations 2016. However it is considered disproportionate to require a permit. The environmental risk of the activity is low and capable of being adequately controlled by means of suitable general rules.
This RD allows the use of AWCCT in construction provided the criteria specified below are met. It does not cover the treatment of AWCCT.
This RD also provides a consignee quarterly returns derogation to the place of end use that simplifies the requirement of sending a quarterly return to NRW. All other requirements of the Hazardous Waste Regulations still apply, including the requirement to complete consignment notes.
Conditions you must comply with
We will not pursue an application for an environmental permit for the use of AWCCT in construction operations for hard paving structures where:
- The treated AWCCT meets the requirements of clause 948, ex-situ cold recycled bound material, within the current Specification for Highways Works Series 0900, or clauses 810 to 880 for cement and other hydraulically bound mixtures within the current Specification for Highway Works Series 0800.
- The material is used only in bound sub-surface layers e.g. sub-base, base and binder layers. Use in surface applications is not allowed.
We will also allow a simplified quarterly consignee return for consignments of AWCCT received at a place of end use, as follows:
- All consignments of AWCCT received at a single place of end use in a three month period can be summarised into a single, one-line consignee return, using the postcode nearest to the place of end use.
Find further guidance on submitting hazardous waste consignee returns.
Enforcement
This RD does not change your legal requirement to have an environmental permit for a waste operation when using treated asphalt waste containing coal tar.
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