Site Waste Management Plans & The Waste Framework Directive Angus Evers Partner, Head of Environment...
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Transcript of Site Waste Management Plans & The Waste Framework Directive Angus Evers Partner, Head of Environment...
Site Waste Management Plans &The Waste Framework Directive
Angus EversPartner, Head of Environment Group, SJ Berwin LLP
25 June 2009 – East Anglia Construction Safety Group
693361.1
Agenda
• Why do we need SWMPs?
• When is a SWMP required?
• What must a SWMP include?
• Who are the key dutyholders and what are their duties?
• What if we don’t produce a SWMP?
• Practical points and resources
• Conclusions, experiences, discussion
Why do we need SWMPs?
• UK construction output is the second largest in Europe
• Estimated turnover of £100 billion
• Employs around 2 million people in 250,000 companies
• Largest user of material resources – 400 million tonnes a year
• One third unused and sent to landfill
• CD&E waste accounts for nearly 30% of all fly-tipping incidents
Aims of SWMPs
• The reduction of fly-tipping
• Reduction of waste
• Promote compliance with existing waste management provisions
• Some local planning authorities already require SWMPs
• DCLG Code for Sustainable Homes includes SWMPs as a mandatory component
Benefits of SWMPs
• Manage risks relating to materials and waste on site
• Deal with queries from regulators and enforcing authorities
• Demonstrate to clients how waste is managed
• Contribute to requirements of an environmental management system
• Decrease costs
Site Waste Management Plans Regulations 2008
• Came into force in England on 6 April 2008
• Powers in Section 54 of the Clean Neighbourhoods and Environment Act 2005
• “Non-statutory guidance for waste management plans” produced by DEFRA (April 2008)
• Supplemented by other existing EU and UK legislation
• Do not apply to projects planned before 6 April 2008 where construction works began before 1 July 2008
Key provisions
• “Any client who intends to carry out a project on any one construction site with an estimated cost greater than £300,000 excluding VAT must prepare a site waste management plan conforming to these Regulations before construction work begins.” (Regulation 5(1))
• Key terminology:
– Client
– Project
– Construction site
– Construction work
– Cost of construction
Exemptions
• Routine maintenance operations
– e.g. gully cleaning
• Part A installations as defined in the Environmental Permitting (England and Wales) Regulations 2007
– e.g. construction of power plants, refineries, and metal processing plants
The Requirements of a SWMP
1. Identification:
• The client, the principal contractor, and the person who drafted the SWMP
• Responsibility for the SWMP remains ultimately with the principal contractor and client
• Where a project does not involve contractors, the client maintains sole responsibility for the SWMP
The Requirements of a SWMP
2. Description of construction work:
• A SWMP must describe:
– The details of the construction project proposed
– The location of the site
– The estimated costs of the project
The Requirements of a SWMP
3. A record of decisions taken before the SWMP was drafted:
• Decisions relating to the nature of the project
• Project design
• Construction methods and materials employed
• Minimise the quantity of waste produced on the site
• E.g. design specifications, the choice of materials used, method of construction
The Requirements of a SWMP
4. Waste description and management:
• A description of each waste type expected to be produced
• An estimate of the quantity of each different type of waste
• Identify the waste management actions proposed to deal with the waste
• Provisions to deal with how waste will be reused, recycled, recovered and disposed of
• “Waste” defined – the Waste Framework Directive
Waste Framework Directive 2008/98/EC• To be implemented into national law by Member States by 12 December
2010
• Amends and consolidates EU waste legislation
• Aimed at establishing a common set of principles dealing with the strategic planning and authorisation of waste disposal
• Waste or by-product
• Defines “waste” – “any substance which the holder discards or intends or is required to discard”
• Encourages the five-tier waste hierarchy (Article 4(1))
• Requires the transposition of the “polluter pays principle” into national legislation (Article 14)
• End-of-waste status
• Preparing for re-use, recycling and other material recovery of non-hazardous C&D waste to be increased to at least 70% by weight by 2020
The Requirements of a SWMP
5. Waste duty of care declaration:
• Declaration that the client and principal contractor comply with waste duty of care
– Section 34 Environmental Protection Act 1990
• To take care of waste while it is in their control
• On exchange of waste, ensure the recipient is authorised to take possession
• Transfer notes – to be completed, exchanged, and retained when waste is exchanged
• Take all reasonable steps to ensure the prevention of unauthorised handling or disposal of waste by others
Projects between £300,000 and £500,000
• Whenever waste is removed, record:
– The identity of the person removing the waste
– The type of waste being removed
– The destination for the waste
• Within three months of completion of the construction work
– The principal contractor to confirm that the plan has been monitored and reviewed on a regular basis to ensure that construction work is progressing in accordance with the plan
– Explanation for any deviation from the plan
Projects over £500,000
• Whenever waste is removed, record:
– The identity of the person removing the waste
– A description of the waste
– The destination of the waste
• Principal contractor to review the SWMP as often as is required to reflect the accuracy of the project/in any event not less than every six months
• Record the types and quantities of waste produced, and their destinations
• Outline the progress of the project
• Within three months of construction work being completed
– Principal contractor to confirm that plan has been monitored on a regular basis
– Reconcile estimated quantities of waste against actual quantities
– Explanation of any deviation from the plan
– Estimate of the cost savings that the SWMP has achieved
Additional Duties
• The principal contractor:
– Ensure co-ordination of the construction and waste management work
– Co-operation among contractors during the construction phase
– Suitable site induction and training
• The client:
– Duty to give reasonable directions to contractors to enable them to comply with their duties under the Regulations
• The client and the principal contractor:
– Review and revise the plan
– Ensure changes are communicated
– Ensure that appropriate site security measures are in place to prevent the illegal disposal of waste from the site
SWMP Lifecycle
• Different parties are involved in updating the SWMP at various stages of the construction project life
• Conception and design – client, designers, planners
• Site design and tendering – client, designers, planners, principal contractor
• Construction phase – principal contractor, sub-contractors
• Post-completion – principal contractor
Availability of the SWMP
• SWMP to be kept either at the site office, or in the absence of one, at the site
• Every person involved in the construction project should know where the plan is kept
• Following completion of the project:
– SWMP must be kept for two years
– At the principal contractor’s place of business, or project site
Enforcement
• Enforcing authorities
– Environment Agency, any local government principal authority, any district or county council
• Phased approach to enforcement
• Enforcing authorities should take an advisory role to ensure smooth implementation of the Regulations
• Key aims:
– Ensure that a SWMP has been written and implemented
– Consider whether a SWMP is a true reflection of waste management practices taking place
– Waste which is evidence as being removed from the site has been reconciled against the estimate in the plan
Criminal Offences
Offence Possible liable party/parties
Starting a project (on site) without a SWMP Client and principal contractor
Failing to update a SWMP when waste is removed from site
Principal contractor (or client if no principal contractor)
Failing to make a SWMP available on site Principal contractor (or client if no principal contractor)
Failing to keep a SWMP for two years from completion Principal contractor (or client if no principal contractor)
Failing to comply with additional duties Client and/or principal contractor as specified in the Regulations
Making a false or misleading statement in a SWMP Client, person drafting the plan or principal contractor
Failing to co-operate with, or intentionally obstructing anybody acting in the execution of these Regulations
Anyone failing to assist implementation of the plan or failing to respond to a request or visit by an enforcing officer
Sanctions
Fixed penalty notices:
• Where any person has failed to produce a SWMP
• Payment of fixed penalty – currently £300
Criminal Penalties:
• Summary conviction – fine not exceeding £50,000
• Conviction on indictment – unlimited fine
• Where a company is guilty of an offence and the offence has been committed with the consent or connivance of, or as a result of the neglect of, any director, manager or person of similar standing, that person is also guilty of an offence as well as the company
Nine Steps to a Successful SWMP
• Responsibility
• Waste identification
• Options
• Disposal
• Material requirements
• Communicate
• Measure
• Monitor
• Review
(DTI Voluntary Code of Practice 2004)
WRAP: SWMP Template
• The WRAP template is an excel spreadsheet which takes you through the process of completing a SWMP
Updated June 2009, available at: www.wrap.org.uk/construction
Conclusions
• SWMPs are required for construction projects with an estimated cost of more than £300,000
• Clients, contractors, designers, and construction workers all have SWMP responsibilities
• Phased approach to enforcement
• Criminal sanctions
• SWMPs have many cost, quality, and environmental benefits
• Will they make a real difference?
Angus Evers
SJ Berwin LLP
10 Queen Street Place, London EC4R 1BE
Tel: +44(0)20 7111 2763
Mob: +44 (0)79 1247 6129
Email: [email protected]