Regulatory Decision 117: Classifying excavated waste from utilities installation and repair

This Regulatory Decision (RD) is valid until 31 March 2026 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 activity that this RD relates to have not changed.

Regulatory Decision

This RD applies to operators who classify excavated waste produced through road and street works where sampling is not possible before removing the waste from the excavation site.

This does not include, but is not limited to:

  • hazardous waste with an odour of coal tar or other petroleum hydrocarbons
  • containing visible asbestos or asbestos containing materials

This RD only applies when you do work under ‘immediate’, ‘minor’, and ‘standard’ permits following the New Roads and Street Works Act 1991 (NRSWA). This also includes ‘major works’ where a ‘major’ permit is required due to traffic management only.

The following volume limits apply to each individual excavation within a works undertaken under a NRSWA permit or work order.

You must still identify the appropriate classification codes using WM3.

If you consign the waste without classification in line with this RD you can transfer these wastes to permitted waste sites that do not have the corresponding hazardous waste codes listed if they comply with the conditions of ‘Storing and managing excavated waste from street works: RPS 299’. All other Duty of Care requirements still apply.

If you cannot follow the conditions in this RD, you must follow the waste classification technical guidance to assess and classify all excavated waste.

This RD does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.

This RD is linked to RD51.2 Storing and managing excavated waste from utilities installation and repair. You should read that RD to understand where you can take the waste you classify under this RD.

The trade body Street Works UK is developing a methodology for assessing utilities waste. Testing on these wastes has shown approximately 15% of utilities waste meets one or more criteria to be classified as hazardous waste.

Conditions you must comply with

You must:

  • only use this RD when you cannot legally access the site to carry out preliminary sampling before you start excavation works
  • separate the waste by waste code type during excavation and transport (for example, the bituminous layer and the sub-base must be kept separate)
  • move waste to either a site controlled by the producer, or to a suitably permitted site that is compliant with RD51.2
  • include the works permit reference (or work order number) and details of the specific excavation the waste was collected from, and put ‘classified using RD117’ in the description on any consignment note or waste transfer note accompanying the waste
  • keep records of all waste movements for 2 years (or 3 years for hazardous waste) to show that you have complied with this RD and make these records available to the Natural Resources Wales on request

You must only apply this RD to wastes coded:

  • 17 01 01 concrete
  • 17 01 02 bricks
  • 17 01 03 tiles and ceramics
  • 17 01 06* and 17 01 07 mixtures of concrete, bricks, tiles and ceramics
  • 17 03 01* and 17 03 02 bituminous mixtures
  • 17 05 03* and 17 05 04 soil and stones
  • 17 09 03* and 17 09 04 mixed construction and demolition wastes

Note: an asterisk (*) next to the code means it is a hazardous waste. Hazardous waste codes must only be used for waste over 15m3 which is classed as hazardous.

You must not:

  • treat or use the waste under a waste exemption
  • transfer the waste to an exempt facility
  • use this RD for any waste that is, or is suspected to be, hazardous

 

Enforcement

This RD does not change your legal requirement to:

  • assess and classify waste in accordance with waste classification guidance (WM3) when you move waste produced during street works and utility works
  • make sure that the person receiving the waste is authorised to receive it

However, NRW will not normally take enforcement action 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

 

Explore more

Also in this section

Last updated