Guidance

Treating pesticide washings using lined biobeds and biofilters: RPS 140

Updated 29 July 2024

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you treat diluted non-hazardous pesticide washings using lined biobeds or above ground biofilters if the treatment site is within either:

• a groundwater source protection zone 1 (SPZ1)

• 250 metres of a borehole used to supply water for domestic or food production purposes

However, the Environment Agency will not normally take enforcement action against you if you do not comply with this legal requirement provided that:

• your activity meets the description set out in this RPS

• you comply with the conditions set out in this RPS

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

Activity this RPS applies to

This RPS applies to the treatment of diluted non-hazardous pesticide equipment washings in lined biobeds and above ground biofilters at the site the washings were produced. The treatment can take place within either:

• a groundwater SPZ1

• 250 metres of a borehole used to supply water for domestic or food production purposes

Conditions you must comply with

You must only treat:

• diluted non-hazardous pesticides generated from washing pesticide equipment such as sprayers

• diluted pesticide washings at the place of production

• diluted non-hazardous pesticide washings in a lined biobed or above ground biofilter in a secure place that is not within 10 metres of a watercourse

Secure means that the pesticide washings cannot escape and unauthorised people cannot access them.

For treatment of diluted non-hazardous pesticide washings using an above ground biofilter, the biofilter must also be located:

• within a covered building

• on a sealed, impermeable surface within an integral bund to provide secondary containment

Bunds providing secondary containment must either:

• have a capacity of not less than 110% of a single biofilter container’s storage capacity

• when more than one biofilter container, have a capacity of not less than 110% of the largest container’s storage capacity or 25% of the aggregate storage capacity, whichever is the greater

Precautions must be taken to make sure that the bund capacities are always maintained.

You must not store or treat more than 15,000 litres of diluted non-hazardous pesticide washings in the lined biobed or above ground biofilter in a 12-month period.

You must agree your proposals with your local area Environment Management team before you start using the lined biobed or above ground biofilter. Contact them by email at [email protected].

You must give the Environment Agency information about:

• why you cannot treat the diluted non-hazardous pesticide washings using a lined biobed or above ground biofilter outside a SPZ1 or at a distance greater than 250 metres from a borehole used to supply water for domestic or food production purposes

• the proposed location

• the design of the lined biobed or biofilter

• operational and maintenance procedures

• how you will manage any excess effluent produced from the treatment process

If the Environment Agency allows you to treat the diluted pesticide washings using a lined biobed or above ground biofilter you must:

• not discharge any effluent from the lined biobed or biofilter within a SPZ1 or within 250 metres from a borehole used to supply water for domestic or food production purposes

• collect any excess effluent and discharge it outside an SPZ1 or greater than 250 metres from a borehole used to supply water for domestic or food production purposes – you must agree a discharge point with them first

You must keep records for 2 years to show that you have complied with this RPS and make these records available to the Environment Agency on request.

Things to note

For more information on designing and using biobeds and biofilters see the Pesticide Handling Area and Biobed manual.

Waste exemption: T32 treatment of waste in a biobed or biofilter allows you to treat diluted pesticide washings using lined biobeds or above ground biofilters at the site they were produced if the site is not within a groundwater SPZ1 or within 250 metres from any borehole used to supply water for domestic or food production purposes.

When you must check back

The Environment Agency intends to review this RPS by 30 June 2027.

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.

If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

• stop the activity to which this RPS relates
• tell the Environment Agency immediately by emailing [email protected] and put ‘RPS 140’ in the subject

Contact the Environment Agency

If you have any questions about this RPS email [email protected] and put ‘RPS 140’ in the subject.