Regulatory position statement
Storage of waste incapacitant sprays
If you comply with the requirements below, we will allow the storage of waste incapacitant
sprays without an environmental permit.
Background
Incapacitant sprays, including for example CS and PAVA aerosol sprays used by Police forces, are
regulated under the Firearms Act 1968 (as amended). As a consequence:

Their collection and storage requires a permit from the Home Office.

The security of storage would be considered by the relevant Police force(s).
Incapacitant sprays that become waste are hazardous waste. As a consequence:

Their storage, other than at the premises of production, requires an environmental permit.

Their production, collection from the producer, storage and subsequent onward movement is
subject to hazardous waste controls movement.
This means that operators proposing to store these items prior to disposal or recovery elsewhere
would normally be expected to apply for both a permit under the Firearms Act 1968 and an
environmental permit under the Environmental Permitting (England and Wales) Regulations 2010.
The Firearms Act 1968 does not provide an equivalent tracking system that delivers the hazardous
waste objectives and requirements of the Waste Framework Directive.
Our approach
We will not require operators wishing to store waste incapacitant sprays, prior to disposal or recovery
elsewhere, to apply for an environmental permit for the activity provided:

They have obtained a permit from the Home office for collection and storage.

Storage takes place away from the site of production.

Storage is in accordance with the most up-to-date Firearms Security Handbook.

The requirements of the Hazardous Waste Regulations are complied with.

You meet the relevant objectives of the Waste Framework Directive;
’… ensuring that waste management is carried out without endangering
human health, without harming the environment and in particular:
(i) without risk to water, air, soil, plants or animals;
(ii) without causing a nuisance through noise or odours; and
(iii) without adversely affecting the countryside or places of special interest.’
Incapacitant sprays are hazardous wastes and the controls from the Hazardous Waste (England and
Wales) Regulations 2005 (as amended) apply in full, and will include for example that:

The producer premises must be registered (unless exempt).

Hazardous waste must not be mixed with non-hazardous waste, other categories of
hazardous waste or other materials.

Waste must be consigned from the premises of production to the storage site.

The producer, carrier and operator of the storage facility (consignee) must keep relevant
records.

The consignee must send returns to the producer.

The consignee must send quarterly returns to us detailing each consignment received at the
storage site.
Where companies already hold environmental permits for the storage of incapacitant sprays, they may
choose to either retain or surrender their permit. If they choose to surrender their permit they should be
aware that this regulatory position statement will be reviewed periodically and may be removed at a
later date.
Enforcement
In not pursuing an application for a permit, we will not normally take enforcement action unless the
activity has caused, or is likely to cause, pollution or harm to health. For a more detailed explanation of
this enforcement position, please see our Enforcement and Sanctions statement. This can be found on
the ‘How we regulate you’ page in the Business & Industry section of our web site.
This regulatory position will be reviewed by June 2015.
Further advice
Further advice on dealing with hazardous waste can be found on our website.
MWRP RPS 138 Version: 1
Issued: May 2013
Doc no. 545_13