What It Means for Utility Works and excavation waste across the UK
The guidelines surrounding the management of construction and utility waste in the UK is undergoing a significant shift once again. The Regulatory Position Statement (RPS) 298, issued by the Environment Agency, has long served as a flexible guideline for classifying excavated waste when sampling before removal wasn’t feasible. However, with the scheduled withdrawal of RPS 298 on 30 September 2025, there’s a pressing need for businesses in the sector to prepare for a more structured waste management protocol under Street Works UK (SWUK).
Here’s everything you need to know about how this change will impact the industry and what contractors need to do to stay ahead.
What Was RPS 298?
RPS 298 provided flexibility for contractors involved in street and utility works. It allowed waste to be transported without prior classification, as long as specific conditions were met to prevent pollution and protect human health. This was particularly useful for reactive works or situations where pre-excavation sampling simply wasn’t possible. However, it’s important to note that RPS 298 did not apply to hazardous waste—such as materials containing visible asbestos or petroleum hydrocarbons—which required separate management protocols.
While this flexibility was crucial, it did create some regulatory ambiguity, which is why the Environment Agency has decided to withdraw the regulation in favour of a more rigorous framework.
What is SWUK?
Street Works UK (SWUK) is the industry body representing the street and utility works sector in the UK. SWUK has developed the Material Classification Protocol, a more structured and sector-specific alternative to RPS 298, to ensure that waste from street and utility works is properly assessed and managed.
SWUK’s protocol adopts a risk-based approach to classify waste, allowing companies to determine whether waste is hazardous or non-hazardous based on site conditions, sampling, and assessment methods. This is a significant step up from the previous flexibility provided by RPS 298.
SWUK also plays a crucial role in ensuring street works comply with various regulations, including:
• The New Roads and Street Works Act 1991 (NRSWA)
• The Traffic Management Act 2004 (TMA)
These laws govern everything related to a project, ensuring that the workforce and public are safe, and waste is disposed of properly.
What’s Changing? How Does SWUK Impact Your projects?
The withdrawal of RPS 298 will bring several changes that contractors need to prepare for, including stricter waste classification rules and the need for more comprehensive waste tracking and documentation. Here’s a breakdown of the key changes:
1. Stricter Waste Classification
Once RPS 298 is withdrawn, all contractors must follow the WM3 guidelines or the SWUK Material Classification Protocol to assess waste before disposal. This means more thorough sampling, testing, and reporting of waste materials. Companies will no longer be able to bypass these processes with the same flexibility that RPS 298 provided.
2. Ongoing Performance Monitoring
To ensure accuracy, the Environment Agency and SWUK will monitor classification practices quarterly. If a company’s classification accuracy falls below 85%, they may be required to conduct more frequent sampling or risk being removed from the protocol. This makes it even more important for contractors to adopt rigorous, consistent classification methods now to avoid penalties later.
3. Increased Compliance Costs
Mandatory sampling and testing, which were previously optional under RPS 298, will now become a regular part of the process. This will likely lead to higher operational costs for contractors as they need to budget for additional waste testing, documentation, and administrative overheads.
4. Regulatory Uncertainty and Planning Challenges
The repeated extensions of RPS 298 over the past few years have caused some uncertainty about the withdrawal process. This has delayed preparations for many contractors, who now face the challenge of quickly adapting to the new requirements.
5. Environmental Risks
One of the primary goals of the SWUK protocol is to reduce environmental risks by ensuring waste is classified correctly. If waste is mismanaged—particularly hazardous materials like coal tar or asbestos—it can lead to serious environmental damage and public health concerns. The new classification requirements are designed to prevent such risks.
6. Operational Disruption
For businesses that have relied on RPS 298’s flexibility, there may be significant operational disruptions as they transition to the SWUK system. This could include last-minute changes to procedures, infrastructure, and workforce training, which could delay projects and increase costs.
7. No Grace Period
The Environment Agency has not provided a transition period, so businesses must be fully compliant with the new regulations by 30 September 2025. This means there’s no time to waste in preparing for the changes.
Who Will Be Affected?
Several industries and sectors will be directly impacted by the withdrawal of RPS 298 and implementation of SWUK:
- Utilities (Gas, Water, Electricity, Telecoms): Companies responsible for excavating and repairing underground utilities will be required to follow stricter waste classification procedures, leading to increased costs and planning time.
- Highways & Road Maintenance: Local authorities and contractors managing roadworks will need to adopt mandatory waste sampling and testing, raising project costs and affecting timelines.
- Construction & Civil Engineering: Contractors involved in projects near roads or streetworks will need to segregate and classify waste more rigorously, impacting planning and operational workflows.
- Local Authorities & Transport Agencies: Councils overseeing street works will need to ensure contractors comply with the new regulations, which could impact project budgets and completion times.
What Can Contractors Do Now to Prepare?
With the deadline approaching, contractors should start taking action immediately to avoid compliance risks and operational disruptions. Here are a few steps to take:
Talk to us! We will help you to review current waste management practices We can help in the transition to the SWUK protocols and give you ongoing supporting in testing, classification and disposal.
We can help with tool box talks to help train your teams and subcontractors to make sure you remain compliant and all follow the guidelines set out.
You may need to update contracts and procedures, reviewing contracts with clients, subcontractors, and suppliers to reflect the new compliance requirements. Also, you may need to adjust your internal processes to accommodate the new protocols.
You can also engage early with Local Authorities, Communicating with local authorities and clients about the upcoming changes, and discussing any potential impacts on project timelines or costs will help manage expectations all round.
Stay ahead of the curve, September will be around sooner we think and Environmental Services Group can help ensure you are fully conversant with the new regulations when the time comes!
Call us now on 01926 842 749 or email us at hello@envirosg.co.uk and find out how we can help you.
