From RPS 298 to Street Works UK Protocol

What is RPS 298 and when is it being withdrawn?

Regulatory Position Statement 298 (RPS 298), issued by the Environment Agency in the UK, provides guidance on the classification of excavated waste from street and utility works, particularly in situations where pre-removal sampling is not feasible.

RPS 298 was introduced to provide flexibility where it wasn’t possible to classify waste before excavating, typically in short-notice or reactive works.

Under this regulation, waste may be transported without prior classification, provided specific conditions are met to prevent pollution and protect human health. However, RPS 298 does not apply to hazardous waste, including materials containing visible asbestos or petroleum hydrocarbons.

For those managing excavation waste, compliance with classification requirements is essential to mitigate legal, financial, and environmental risks. RPS 298 is scheduled for withdrawal on 30 September 2025.

The decision to withdraw RPS 298 reflects its original intent as a temporary measure, designed to support reactive works where pre-excavation sampling was impractical. However, repeated extensions have delayed sector-wide investment in compliant processes, raising concerns around environmental harm, regulatory inconsistency, and long-term planning uncertainty

What is SWUK and how does it work?

Street Works UK (SWUK) is an organisation that represents the street and utility works sector in the UK. It provides guidance, policies, and protocol to help companies comply with regulations while carrying out excavation and maintenance work on roads and infrastructure.

One of Street Works UK’s key contributions is the Material Classification Protocol, designed to help classify excavated waste from street works. This protocol was developed to provide a long-term, sector-specific alternative to RPS 298, ensuring that waste is properly assessed and managed. It uses a risk-based approach, allowing companies to determine whether waste is hazardous or non-hazardous based on site conditions, sampling, and assessment methods.

Following the withdrawal of RPS 298, SWUK’s protocol will become even more important for compliance and environmental protection. If you're involved in street works, it’s worth familiarising yourself with the new guidelines

Street Works UK (SWUK) plays a key role in aligning street work practices with UK regulations, ensuring compliance with laws like the New Roads and Street Works Act 1991 (NRSWA) and the Traffic Management Act 2004 (TMA).

Here’s how SWUK connects to other regulations:

• Permit Schemes: SWUK helps companies navigate permit requirements for street works, ensuring they follow local authority rules.
• Safety Standards: It aligns with Safety at Street Works and Road Works guidelines, promoting best practices for worker and public safety.
• Waste Classification: With RPS 298 being withdrawn, SWUK’s Material Classification Protocol will be crucial for managing excavated waste legally.
• Lane Rental & Overrun Charges: SWUK supports compliance with lane rental schemes and overrun charges, which encourage efficient work completion.
• Co-ordination Code of Practice: SWUK works alongside the government’s code of practice to ensure street works are planned and executed with minimal disruption.

How does this impact you?

The withdrawal of RPS 298 on 30 September 2025 will have several implications for street and utility works:

• Stricter Waste Classification: Companies will need to follow full WM3 guidelines or the Street Works UK (SWUK) Material Classification Protocol to assess waste properly before disposal.
• Ongoing Performance Monitoring: After adoption, classification accuracy will be reviewed quarterly by the Environment Agency and SWUK. If accuracy falls below 85%, businesses may be required to increase sampling or risk being removed from the protocol and required to follow full WM3 procedures.
• Increased Compliance Costs: Businesses may face higher costs due to mandatory sampling and testing, which were previously avoided under RPS 298.
• Regulatory Uncertainty: The repeated extensions of RPS 298 have delayed compliance urgency, leading to uncertainty in long-term planning.
• Environmental Risks: Without proper classification, mismanaged waste could lead to pollution incidents, especially with hazardous materials like coal tar and asbestos.
• Operational Disruption: Unprepared businesses may face costly, last-minute changes to infrastructure, procedures, or workforce training.

• No Grace Period: The Environment Agency has not announced any transition period, meaning companies must be fully compliant by the withdrawal date.

With the deadline approaching, businesses involved in street works should start preparing now to avoid legal, financial, and operational risks. Delaying preparation could lead to costly last-minute infrastructure changes, workforce disruption, and non-compliance. The most affected industries will include:

• Utilities (Gas, Water, Electricity, Telecoms): Companies responsible for repairing and upgrading underground infrastructure will need to follow stricter waste classification rules, increasing compliance costs.
• Highways & Road Maintenance: Local authorities and contractors managing roadworks will face higher costs due to mandatory sampling and testing of excavated waste.
• Construction & Civil Engineering: Projects involving excavation near roads will need to ensure proper waste segregation and disposal, leading to longer planning times.
• Waste Management & Recycling: Waste disposal companies will need to adjust their processes to comply with WM3 guidelines or the Street Works UK (SWUK) protocol.
• Local Authorities & Transport Agencies: Councils overseeing street works will need to ensure compliance with new regulations, potentially affecting project timelines and budgets.