Guidance

Storing waste incapacitant sprays: RPS 138

Updated 30 January 2024

Applies to England

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This publication is available at https://www.gov.uk/government/publications/storage-of-waste-incapacitant-sprays/storing-waste-incapacitant-sprays-rps-138

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you store waste incapacitant sprays, such as 2-chlorobenzylidene malononitrole (CS) and pelargonic acid vanillylamide (PAVA) aerosol sprays used by the police.

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 storage of waste incapacitant sprays coded 16 05 04* or 16 05 08* before disposal or recovery elsewhere other than at the place where the waste is produced. To do this you normally need an environmental permit from the Environment Agency.

However, if you comply with the conditions in this RPS, you can store waste incapacitant sprays without an environmental permit from the Environment Agency.

Conditions you must comply with

You must:

  • store less than 2m3 of waste incapacitant sprays at any one time

  • store waste incapacitant sprays for less than 12 months

  • have a permit from the Home Office under the Firearms Act 1968

  • follow the guidance in the Firearms Security Handbook

  • 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

  • enter RPS 138 followed by the post code of the receiving site in the permit field for hazardous waste consignee returns

Things to note

Waste incapacitant sprays are hazardous waste due to their chemical make-up. You must consign the waste when you move it to comply with the Hazardous Waste Regulations.

When you must check back

The Environment Agency intends to review this RPS by 28 August 2026.

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.

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 and must tell the Environment Agency immediately.

Contact the Environment Agency

If you have any questions about this RPS email [email protected] and put ‘Storing waste incapacitant sprays RPS 138’ in the subject line.

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