RPS 211 is a regulatory position statement that applies to businesses who deal with excavated waste from unplanned utilities installation and repair works.

The updated RPS from 31 January 2019 applies to businesses who produce, transport, keep, process, control, use or dispose of excavated waste from unplanned utilities installation and repair works. It allows excavated waste which has not been assessed and classified in line with the Hazardous Waste Technical Guidance to be classified as non-hazardous waste.

Excavated wastes covered by this RPS are:

  • those generated by a utilities company working with Street Works UK on a sampling and assessment protocol;
  • those generated from unplanned utilities installation and repair work;
  • wastes that, if non-hazardous, would be classified under the following European Waste Catalogue (EWC) codes: 17 01 01 concrete 17 01 02 bricks 17 01 03 tiles and ceramics 17 01 07 non-hazardous mixtures of concrete, bricks, tiles and ceramics 17 03 02 non-hazardous bituminous mixtures 17 05 04 soil and stones 17 09 04 non-hazardous mixed construction and demolition wastes
  • wastes that would not be classified as hazardous under the producer’s company procedures
  • wastes that are not known or reasonably suspected to be hazardous, for any reason including, but not limited to – visible and olfactory presence of hydrocarbons and other chemicals; waste containing visible pieces of asbestos-containing material; asphalt (tarmac) road surfaces likely to contain coal tar (for example, those laid in the 1980s or before); and waste arising from excavations on contaminated sites subject to previous site investigations identifying hazardous waste

If operators follow the conditions in this RPS, they do not need to apply a hazardous waste classification for excavated wastes covered by this RPS. Otherwise, operators must assess and classify all excavated waste in line with the Hazardous Waste Technical Guidance.

There are conditions:

  • the waste must be sent to a permitted site;
  • the waste must be described on any transfer note as ‘not assessed and classified in reliance of RPS 211’;
  • operators must not generate more than 10 cubic metres of waste at the excavation site;
  • operators must not treat or use the waste under an exemption; and
  • operators must make sure their activities do not endanger human health or the environment.