The Environment Agency (EA) has published a new Regulatory Position Statement RPS 336 for the acceptance of certain non-hazardous filter cake waste at operational landfill and Deposit for Recovery (DfR) sites in England.
Published on 17th July, the RPS addresses a practical issue that has affected soil and aggregate washing operations for many years, and subsequently the sites receiving the resulting filter cake.
RPS 336 applies where an operational landfill or DfR site accepts non-hazardous filter cake produced from soil or aggregate washing activities, classified under waste code 19 02 06 – sludges from physico/ chemical treatment other than those mentioned in 19 02 05*. Note the RPS contains a definition of ‘filter cake waste’ which is “the solid mass remaining on a filter after the liquid that contained it has passed through”. We will certainly not all agree that ‘sludge’ (19 02 06) is the most appropriate EWC code and definition for filter cake, but this is the EA’s current position!
Importantly, the RPS provides a route for sites to accept filter cake where waste code 19 02 06 is not currently included within their environmental permit (subject to conditions).
Before using RPS 336, operators must notify the Environment Agency by emailing landfill.depositrecovery@environmentagency.gov.uk. The email subject must include ‘RPS 336 filter cake’, and you must provide the operator’s name, permit number, site address and contact email address.
Operators then need to ensure that:
- The filter cake is classified under waste code 19 02 06.
- It originates from a soil or aggregate washing facility treating non-hazardous waste.
- Sampling and characterisation demonstrate that the filter cake is non-hazardous in accordance with WM3.
- The waste meets the site’s applicable Waste Acceptance Criteria.
- The site’s management system is updated to cover the acceptance and management of the waste.
- All relevant waste Duty of Care requirements continue to be met. The RPS is not a permanent alternative to varying an environmental permit.
Operators relying on it must apply to vary their permit to include EWC code 19 02 06 by 1st August, 2027. If the subsequent permit variation application is rejected, the operator must stop accepting the waste under RPS 336.
Although many of the requirements fall on the receiving site, producers should also review their waste classification and testing arrangements to make sure they’re satisfied they’re meeting their Duty of Care requirements.
Before sending filter cake to a site using RPS 336, producers should be able to provide appropriate evidence demonstrating that the material is correctly classified as 19 02 06 and is non-hazardous.
Receiving sites will need this information to demonstrate their own compliance. It would also be sensible for producers to request a copy of the RPS e-mail that receiving sites are required to send to the EA to use the RPS for their own records.
The Environment Agency will review RPS 336 by 31st August, 2027, although they can amend or withdraw the position at any time.
So what is RPS 336 in a nutshell? It’s an interim position providing a useful and practical route forward, but getting the details right will be essential. Sites intending to accept filter cake in the long term should consider their permit variation requirements early rather than waiting until the August 2027 deadline to avoid the rush.
