Not just a load of old rubbish

The construction industry is one of the biggest waste-producing industries in the country. It generates about a third of the nation’s waste each year and about half of this is hazardous. But, as if that wasn’t bad enough, it is also failing to dispose of it properly: waste from construction, demolition and earthworks accounts for 30% of all fly-tipping incidents dealt with by the Environment Agency. In May 2003, the agency reported that 120,000 tonnes of building site waste was fly-tipped in just over a year in Greater London alone.

This could be explained by the fact that the Environment Agency has found that only 13% of construction companies are aware of their responsibility to check that the firm they use to dispose of waste is authorised to do so. What many firms fail to realise is that if their waste gets fly-tipped – even after it has been handed over to a contractor – they could be held liable and end up in the dock. So how does waste law affect the industry?

The duty of care, set out in the Environmental Protection Act 1990, requires the correct storage, handling and disposal of waste. The duty requires construction companies to ensure that waste does not escape from their control. This means that firms must only pass waste to persons licensed to take it and that the firms must ensure that those persons comply with any licence conditions. On top of this, the waste must be transferred with a written description that enables the person taking it to comply with their duty of care.

From 16 July 2005 the detailed requirements of the waste acceptance criteria (WAC) and procedures required by the EC Landfill Directive will come into force. Introduction of the WAC will significantly affect the construction industry by extending the ban on disposing of high sulphate materials, such as gypsum-based wastes, with biodegradable wastes. Such materials will only be able to be disposed of in landfills for non-hazardous waste in cells where no biodegradable waste is accepted. For construction companies this will mean increased processing and compliance costs, as well as increased disposal costs. It will also result in the need to introduce systems and processes to segregate high sulphate wastes from other types of waste, which could form part of a site waste management plan (SWMP).

DTI guidance

With the above in mind, last July the DTI published guidance for contractors and clients on producing SWMPs. The guidance is aimed at ensuring site engineers, surveyors and others involved in the construction sector accurately assess the use of materials and potentials for reuse and recovery.

Many firms fail to realise that if their waste gets fly-tipped – even after being handed to a contractor – they could be held liable and end up in the dock

For a one-year trial period the guide is a voluntary code of practice. However, the Clean Neighbourhoods and Environment Bill, which is currently wending its way through parliament, makes provision for SWMPs to become compulsory: failure to comply would constitute a criminal offence and result in fines and possible imprisonment. It is therefore a good idea to develop a site waste management plan now, before they become compulsory. And in all events, creating a SWMP should bring various benefits to any company. These include:

• reducing the risk of breaching legislative requirements, especially the duty of care
• reducing the likelihood of delays by authorities – a good SWMP should provide you with clearer and more accurate records to better respond to authorities’ queries
• complying with contractual requirements regarding waste management – environmental issues are becoming increasingly important, particularly in public sector contracts
• saving costs on waste disposal – the increasing requirements applicable to waste disposal, plus landfill tax rises, means that disposal costs will continue to increase
• generating income – waste is increasingly seen as a resource that can be sold and new uses and technologies are being developed
• aiding compliance with quality and environmental management systems – banks are increasingly looking at environmental performance when considering investment.

The DTI’s guide to producing an SWMP lists the key steps for formulating a management plan:

• Identifying those responsible for producing the SWMP – the guide suggests appointing a waste management champion, who will need to be familiar with the work programme as well as waste legislation.
• Identifying types and quantities of waste and the options for different stages in the work programme – you should apply the waste hierarchy (reduction, reuse, recovery, disposal) and the proximity principle (recovering/disposing of waste as close to source as possible).
• Identifying waste management sites and waste contractors .
• Training staff, including subcontractors, on the SWMP and the reasoning behind it.
• Early planning for efficient waste materials and waste handling.
• Measuring, monitoring and reviewing implementation of the SWMP.