1. Site Waste Management Plans & The Waste Framework Directive Angus Evers Partner, Head of Environment Group, SJ Berwin LLP 25 June 2009 – East Anglia Construction Safety Group 693361.1

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. Criminal Offences OffencePossible liable party/parties Starting a project (on site) without a SWMPClient 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 sitePrincipal contractor (or client if no principal contractor) Failing to keep a SWMP for two years from completionPrincipal contractor (or client if no principal contractor) Failing to comply with additional dutiesClient and/or principal contractor as specified in the Regulations Making a false or misleading statement in a SWMPClient, 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

22. 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

23. Nine Steps to a Successful SWMP Responsibility Waste identification Options Disposal Material requirements Communicate Measure Monitor Review (DTI Voluntary Code of Practice 2004)

24. 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

25. 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?

26. 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: angus.evers@sjberwin.com