RPS 298 is ending: what Utilities and Construction Companies need to know

The Environment Agency has recently announced that the Regulatory Position Statement 298 (RPS 298) will be withdrawn on the 30th September 2025. This change will significantly impact utilities, construction firms and local authorities involved in street and excavation works. Here’s what you need to know and, how to prepare… 

 

What is RPS 298? 

RPS 298 was originally introduced to give flexibility when excavating street works waste, particularly where pre-removal sampling wasn’t practical for short-notice or emergency works. It allowed some waste to be transported without full classification under strict conditions.  

 

What will happen from the 1st October 2025? 

From this date, RPS 298 will no longer apply. Instead, businesses must: 

• Classify all waste in line with WM3 guidance or follow the Street Works UK (SWUK) Material Classification Protocol which can be accessed here. 

• Waste Producers are now required to segregate materials at source (including hazardous waste with contaminations such as coal tar, hydrocarbons, asbestos). 

• Material should be separated as either Soil and Stones (EWC 17 05 04) and Bituminous Materials (EWC 17 03 02) or the relevant mirror codes should the material be identified as hazardous.   

• Bituminous materials must now be tested with a PAK spray to check for Cold Tar contaminants, which would render it hazardous (EWC 17 03 01*)   

• Waste producers are now require to provide testing evidence, which includes desk top and on-site risk assessments to accompany their waste transfer documentation.  

• Permit numbers relating to the dig also need to be included in duty of care documentation.  

• Waste Producers are also required to report quarterly results to SWUK and maintain audit-ready records. 

 

How will this impact your business? 

• Increased compliance costs increase of mandatory sampling and testing 

• Tighter scrutiny the Environment Agency will monitor accuracy and can escalate requirements if standards fall 

• No grace period- businesses must be fully complaint by the 1st October 2025 (day 1 of this change) 

• Operational disruption unprepared companies risk project delays, higher costs and regulatory penalties. 

 

How can Reconomy Connect support you and your business? 

At Reconomy Connect, we are experts in Waste and Resource Management solutions for the Utilities sector, working closely with utility providers, local authorities, and their supply chains to help manage this transition by: 

• Integrated online risk assessment platform to capture and store your obligations under the new SWUK protocol.   

• Compliance assurance in your duty of care obligations for the safe and legal transportation of waste, all stored in our market leading portal.  

• Utilise our dedicated Tipping App® technology that delivers digital duty of care, now also including hazardous waste consignment notes.   

• Deliver operational efficiencies through effective fleet and driver management  

• On-site and UKAS accredited laboratory soil testing and analysis solutions  

• Bespoke Utilities sector reporting platform including breakdown of spend, tonnage, waste hierarchy, carbon and our zero waste index tool.  

• Best practice guidance and tool box talks through our national site support team.  

 

Get in touch with our specialist team today to make sure you are prepared for the forthcoming changes and let us partner with you on your onward compliance journey…