Regulatory Decision 106: Collecting and storing mixed fuel from incorrectly filled vehicles
This Regulatory Decision (RD) is valid until 31 December 2025 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
Every day hundreds of drivers put the wrong type of fuel in their vehicles – this is known as ‘mis-fuelling’. The vehicle may be towed to a local garage, where the mixed fuel is removed and stored in a container or tank, and the vehicle is re-fuelled. The garage then arranges for the mixed fuel to be removed under a hazardous waste consignment note.
Alternatively, specialist collection vehicles can remove mixed fuels directly from the mis-fuelled vehicle. When the tank of the specialist collection vehicle is filled to its safe working capacity or at the end of the day, the vehicle goes back to a depot or a secure site controlled by the vehicle assistance operator and empties its load of mixed fuel into a storage facility.
The mixed fuel is hazardous waste and the Hazardous Waste Regulations must be complied with.
However we will not pursue an application for an environmental permit for the collection and storage of mixed fuel from mis-fuelled vehicles where:
- The specialist collection vehicle is designed and used only to remove and transport mixed fuel from vehicles that have been filled with the wrong type of fuel
- The Hazardous Waste Regulations are complied with
- The mixed fuels are emptied into a secure tank or container with a minimum secondary containment volume of 110% of the tank or container
- Only the trained vehicle assistance operator transfers the mixed fuel into the storage container. This must be done using the vehicle's flame-proof pump and by the end of the working day
- The tank or containers used for storing the mixed fuels comply with BS EN12285-2: 2005 for below ground tanks or UL 2085 for above ground tanks. The total capacity of that tank at the storage site must not exceed 23,000 litres. Where quantities of mixed fuels are below 1,000 litres, containers must be “fit for purpose” within a flameproof store
- The tank or container has an overfill prevention system, for example high level alarm
- Procedures are in place to alert the owner of the storage facilities of any overfill incidents and how to respond
- There is an oil spill kit available so the vehicle assistance operator can respond quickly to control any spills
- The mixed fuels are collected from the storage site by an ADR approved fuel tanker for transportation to an authorised recovery facility. Or the waste contractor needs to ensure the correct thresholds apply for the mixed fuel to be transported as a “small load” for the purposes of ADR
Enforcement
This RD does not change your legal requirement to have an environmental permit for a waste operation when you are collecting and storing mixed fuel from incorrectly filled vehicles.
However, NRW will not normally take enforcement action if you do not comply with the need for an environmental permit 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