Standards, compliance and planning

Temporary storage of prescribed industrial waste at unlicensed sites


This page provides advice for:

  • occupiers of transfer stations and public utility depots wanting to temporarily store asbestos.
  • businesses wanting to temporarily store 'designated waste' (liquid 30XY wastes) on their site.

 In most cases, occupiers of premises storing prescribed industrial waste (PIW) must obtain an EPA works approval and licence. There are severe penalties – up to 2400 penalty units (approximately $350,000) - for storing PIW without an EPA works approval and licence when they are required.

In limited circumstances, asbestos and ‘designated waste’ can be temporarily stored without an EPA works approval or licence. This allows for circumstances where, for example, it would be unreasonable to require a public utility to repeatedly transport small amounts of material to a distant licensed facility if their depot has appropriate management controls. 

This webpage explains when and how this can be done.

There is no change to the requirements for transporting prescribed industrial waste – the Environment Protection (Industrial Waste Resource) Regulations 2009 require PIW to be transported in permitted vehicles and using waste transport certificates.

Temporary storage of PIW at unlicensed sites + Expand all Collapse all

  • What regulations apply to the temporary storage of PIW?

    In most cases, the Environment Protection (Scheduled Premises) Regulations 2017 require occupiers of premises storing PIW, including asbestos to obtain an EPA works approval and licence – under scheduled category A01 'PIW Management'.

    In limited circumstances, the occupier does not require an EPA works approval or licence:

    Occupiers of premises that are temporarily storing asbestos must also comply with occupational health and safety legislation. See the Worksafe website for details.

  • When can the occupier of a transfer station temporarily store asbestos without an EPA works approval or licence?

    The key requirements are in regulation 12(1)(d) and 12(1)(d)(i) of the Environment Protection (Scheduled Premises) Regulations 2017. In summary:

    • the premises must have a council planning permit to use the land as a ‘transfer station’
    • the planning permit must allow the occupier to accept asbestos for temporary storage
    • only less than 10 cubic metres of asbestos can be temporarily stored
    • the asbestos must be double-wrapped and non-friable
    • it must not have been generated at the premises
    • it can only be temporarily stored for up to 60 days
    • it must then be transported to a premises licensed by EPA to receive it.

    In addition:

    • the occupier must register the premises as a temporary storage site on the EPA Interation Portal – see the question below, ‘How does an occupier register a temporary storage site?’. This will enable waste transport certificates to be completed (as required by the Environment Protection (Industrial Waste Resource) Regulations 2009)
    • the material must be legally transported to and from the temporary storage site
    • the occupier must comply with other legal requirements – including council planning permit conditions and WorkSafe requirements on the management of asbestos.
  • When can the occupier of a public utility depot temporarily store asbestos without an EPA works approval or licence?

    The key requirements are in regulation 12(1)(d) and 12(1)(d)(ii) of the Environment Protection (Scheduled Premises) Regulations 2017. In summary:

    • The premises must be a ‘public utility depot’ – as defined by regulation 12(2).
    • The public utility depot must be 100 metres or more from sensitive land uses including residential premises, health services, childcare centres and education centres – this is the distance is from the closest boundary of the public utility depot premises to the closest boundary of a sensitive land use.
    • Less than 10 cubic metres of asbestos can be temporarily stored.
    • The asbestos must be double-wrapped and non-friable.
    • It must have been generated by the public utility.
    • It can only be temporarily stored for up to 60 days.
    • It must then be transported to a premises licensed by EPA to receive it.

    In addition:

    • The occupier must register the premises as a temporary storage site on the EPA Interaction Portal – see the question below, ‘How does an occupier register a temporary storage site?’. This will enable waste transport certificates to be completed (as required by the Environment Protection (Industrial Waste Resource) Regulations 2009).
    • The material must be legally transported to and from the temporary storage site.
    • The occupier of the temporary storage site must comply with other legal requirements – including WorkSafe requirements on the management of asbestos
  • What is the difference between friable asbestos and non-friable asbestos?

    Under Regulation 5, Occupational Health and Safety Regulations 2017, friable means that, when dry, the material (a) may be crumbled, pulverised or reduced to powder by hand pressure; or (b) as a result of a work process become such that it may be crumbled, pulverised or reduced to powder by hand pressure.

    The exemption from EPA works approval and licence requirements for temporary storage sites under Regulation 12(1)(d) only applies to non-friable (bonded) asbestos.

  • When can an occupier temporarily store ‘designated waste’ without an EPA works approval or licence?

    The key requirements are in regulation 12(1)(e) of the Environment Protection (Scheduled Premises) Regulations 2017. In summary:

    • Only ‘designated waste’ not generated at the premises can be temporarily stored.
    • Less than 1000 litres of ‘designated waste’ can be temporarily stored.
    • The method of storage must be in accordance with specifications acceptable to EPA – this includes applying EPA’s Bunding guidelines (publication 347).
    • It can only be temporarily stored for up to 60 days.
    • It must then be transported to premises licensed by EPA to receive it.

    In addition:

    • The occupier must register the premises as a temporary storage site – see the question below, ‘How does an occupier register a temporary storage site?’. This will enable waste transport certificates to be completed (as required by the Environment Protection (Industrial Waste Resource) Regulations 2009 ).
    • The material must be legally transported to and from the temporary storage site.
    • The occupier of the temporary storage site must comply with other legal requirements – including council planning permit conditions and WorkSafe requirements on the management of dangerous goods.
  • What is 'designated waste'?

    Designated waste is defined in regulation 12(2) of the Environment Protection (Scheduled Premises) Regulations 2017.

    It is prescribed industrial waste, in liquid form, with the following waste code and description:

    Waste code Description
    D300 Non-toxic salts including sodium chloride and calcium chloride
    J100    Waste oils unfit for their original intended use
    J110 Waste hydrocarbons
    J120 Waste oils and water mixtures or emulsions, and hydrocarbon and water mixtures or emulsions
    J130 Triple interceptor waste and stormwater contaminated with oil or hydrocarbons
    J150 Other oils, hydrocarbons or emulsions not otherwise specified in this item, including cutting oils and soluble oils
    K100 Animal effluent and residues, including abattoir wastes and other wastes from animal processing
    K120 Grease interceptor trap effluent
    K200 Food and beverage processing wastes
    L100 Car and truck washwaters
    L150 Industrial washwaters from cleaning, rinsing or washing operations not otherwise specified in this item
    T130 Inert sludges or slurries

    These waste codes are from Schedule 3 of the Environment Protection (Industrial Waste Resource) Regulations 2009

  • How should an occupier demonstrate how long the material has been stored for?

    The occupier should keep a record – such as a logbook – of when the material was received and removed. This should include the reference numbers of waste transport certificates.

    Waste transport certificates must be retained for at least two years.

  • When does the 60-day time limit on storage of asbestos and designated waste begin?

    The 60-day time limit begins for each quantity of non-friable asbestos or designated waste when it enters the site. This may be monitored using the information in part A and part C of waste transport certificates.

  • How does an occupier register a temporary storage site?

    An occupier must register the premises as a temporary storage site. This will enable waste transport certificates to be completed (as required by the Environment Protection (Industrial Waste Resource) Regulations 2009).

    You can register a temporary storage site as follows.

  • How does an occupier deregister a temporary site?

    Contact EPA’s call centre on 1300 372 842 (1300 EPA VIC).

Page last updated on 15 Jun 2017