This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation and groundwater activity when you use IBAA in:
building a road, cycleway or pathway sub-base
building a structural platform
pipe bedding
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 the RPS.
The regulatory position does not apply to any other legal requirements.
Updates to this page
Published 29 January 2021 Last updated 9 January 2025 +show all updates
Extended the RPS to 30 September 2025 to allow the publication of a new standard rules deposit for recovery permit and RPS (potentially suitable to be an exemption for a waste and groundwater activity). When the new standard rules permit and RPS are published, RPS 247 will be withdrawn.
Removed link to HSE website as no specific information on handling incinerator bottom ash aggregate. This RPS only applies to waste regulation and permitting. Other regulatory regimes and requirements apply.
We have extended the expiry date of this RPS to 31 January 2025.
Added section 'Definitions of main terms' used in RPS 247.