Regulatory Decision 100: Using waste clay in slurry lagoons or irrigation reservoirs
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 conditions in this RD, you do not need to hold an environmental permit for a waste operation to use up to 6,000 tonnes of waste clay (list of waste code 17 05 04) from construction and excavation sites to construct a slurry lagoon or winter water storage reservoir.
If you cannot comply with the conditions in this RD, you need to apply for an environmental permit.
Conditions you must comply with
You must meet these conditions to comply with this RD.
You must:
- construct slurry lagoons in accordance with the regulations on storing silage, slurry and agricultural fuel oil
- ensure the winter water storage reservoir meets the requirements and standards of the Reservoirs Act 1975 and the Flood and Water Management Act 2010
- ensure the clay is certified fit for purpose by a suitably qualified engineer
This RD cannot be used in conjunction with waste exemption: U1 use of waste in construction.
Enforcement
This RD does not change your legal requirement to have an environmental permit for a waste operation when using waste clay in slurry lagoons or irrigation reservoirs.
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