This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you store and use a manufactured topsoil made from waste.
However, the Environment Agency will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in this RPS.
This regulatory position does not apply to any other legal requirements.
Published 6 October 2017 Last updated 24 August 2023 +show all updates
We have updated this RPS to clarify the Environment Agencys enforcement position. It is a candidate to become a waste exemption. The next review date is 1 July 2026.
We've restructured and clarified this RPS. This RPS only applies to waste that has been classified as non-hazardous according to the waste classification technical guidance (WM3).
Corrections: 1) Manufactured topsoil must be used as a soil substitute for landscaping purposes. 2) Manufactured topsoil must not be used at depths greater than 300mm.
