Regulatory Decision 049: Storing and treating asphalt waste
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
Where asphalt is lifted, treated and then re-used at the site where it was lifted it is not waste. It does not matter if the treatment takes place at that site or somewhere else.
This RD only applies to storing and treating asphalt at the same site where it is to be cold mix coated, and where the treatment consists of crushing, grinding, screening, grading or mixing.
You usually need an environmental permit from NRW to store and process asphalt waste to prepare it for cold coating and reuse.
However, if you comply with the conditions in this RD you do not need an environmental permit from NRW for this activity.
If you cannot meet the conditions in this RD, you must apply for an environmental permit.
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.
Conditions you must comply with
You must not store or treat asphalt waste containing coal tar or bitumen intermittently or continuously at the same site for more than 12 months.
The maximum amount of waste you can store on site before treatment is:
- 500 tonnes of wastes coded 17 03 01* at any one time, or 50,000 tonnes within 12 months
- 50,000 tonnes of wastes coded 17 03 02 within 12 months
You must make sure that:
- crushing, grinding, screening or grading is undertaken by plant authorised by a local authority under Part B Section 3.5 (a) or (c)
- subsequent cold mix coating at the same site is covered by a local authority Part B Section 3.5 (e) mobile plant authorisation
- you store wastes coded 17 03 01* on an impermeable surface with a sealed drainage system
A sealed drainage system is impermeable – it does not leak. It ensures that:
- all liquids run off the surface through the sealed drainage system
- all liquids are collected in a sealed sump, except where they may be lawfully discharged
If the coated material remains as waste its subsequent use is covered by RD025 – the use of treated asphalt waste containing coal tar.
You must keep records for 2 years that show you have complied with this RD. You must make these records available to NRW on request.
If waste is to be placed on unmade ground. Soil contamination and compaction should be considered and any negative impact should be mitigated against and/or remediated.
DEFRA’s Construction Code of Practice for the Sustainable Use of Soils on Construction Sites and the Good Practice Guide for Handling soils should be used for reference if required.
Enforcement
This RD does not change your legal requirement to have an environmental permit for a waste operation when you are storing and treating asphalt waste.
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