The guidance, published on 6 October 2017, has been issued as ‘Regulatory Position Statement 190’ and clarifies issues around the “Use of manufactured topsoil”. It follows on from a similar statement which used the term “manufactured waste topsoil”.
Welcoming the latest position statement, the Organics Recycling Group, said that while it appeared to have few changes from past documentation, the statement was to be welcomed.
Jenny Grant, ORG Scotland group manager and PAS100 specialist, said: “Clarity in Regulatory Position Statements is very useful and this clearly sets out the circumstances for when you don’t need a permit to use topsoil.
“We are pleased that certified compost (i.e. PAS100 and Quality Protocol compliant) is included as a suitable ingredient for manufactured topsoil as this is an important market for some of our members.”
Permit
Explaining that a permit is usually needed by those wanting to use manufactured topsoil because it is made from waste, the Agency says that if the RPS conditions are met, an environmental permit is not needed for the use of up to 1,000 tonnes of manufactured topsoil. If the user of the manufactured soil can’t mMs Grant continuedeet the RPS conditions, an environmental permit must be applied for.
Not agricultural use
A set of conditions are given in the position statement (RPS90) which include that the manufactured topsoil is used to establish a vegetative layer but the location is not for agricultural use.
The waste duty of care must be complied with in moving the material and it should be produced from non-wastes, for example PAS 100 quality protocol compliant compost, or from waste such as spent mushroom compost, and soils such as from cleaning fruit and vegetables.
The full details of RPS90 can be seen at: Use of manufactured topsoil
Users are warned by the Agency that “If you use more topsoil than is necessary, or the topsoil is not used to establish a vegetative layer, this is classed as waste disposal and this RPS will not apply”.
Restrictions include that the manufactured topsoil must not be:
- supplied for commercial horticultural or home garden use
- used at depths below 300mm
- stored or used in quantities over 1,000 tonnes in any 3 year period
- stored in any one place for more than 12 months before use
RPS190, said the Agency, will be reviewed by April 2018 and users “are advised to check then” to see if it is still applicable.
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