Global construction consultants

Site Waste Management Plan Regulations 2008Guidance for Local Authorities What do you want to gain

from today?

Objectives

Understand the SWMP Regulations 2008

Agree how your Authority can enforce the

Regulations

Align your approach with the Environment Agency

Identify ways to drive performance

Agenda

Introduction

SWMP Regulation 2008 Overview

Vinci Construction - ‘The SWMP Experience’

Break

Enforcement and Supporting Environment

EA Approach

Lunch

Working session –your approach?

Present outputs

Close

Why is construction waste important?

Waste in the UK

Why is construction waste important?

Impact on the environment:

• Depletion of resources

• Embodied carbon

• Pollution

• GHGs from landfill

Impact on productivity

• Financial

• Competitiveness

Shortage of landfill capacity (linked to Planning)

Fly-tipping

True Cost of Waste

Disposal costs and escalating landfill taxes

Value of materials wasted

Project programme

Lost revenue

Transport

Management

Trades’ time

Processing

What should the industry be doing?

Efficient material use

Sustainability goals

Energy Materials Water

Materials ‘In’

Materials ‘Out’

Maximise the reuse of reclaimed materials

Waste reduction

Materials recovery

What is a SWMP?

Document which contains:

A forecast of waste types/quantities;

Intended waste management & end destinations; and

Actual waste produced.

SWMP driving improvements

Site Waste Management Planning – managing waste and resources on a project to achieve reductions in waste to landfill

SWM Plan – document containing waste forecasts, action plans and actual waste types/quantities

Key Principles

Planning Implementation

Review Monitoring

Opportunity Curve

Outline Design

Detailed Design

Pre Construction

Construction Post Completion

Regulation versus Good practice

Outline Design

Detailed Design

Pre Construction

Construction Post Completion

Waste forecasts

Updating with actual

dataStorage

DesignOut

waste

Waste policy

Management Actions

Evidence of reduction & recycling

Completed plan

What is the industry doing?

Government Action

Government Policy

Legislation Taxation

Support

Policy Context

Strategy for Sustainable Construction

Strategic Forum

Construction Commitments: Halving Waste to Landfill

Code for Sustainable Homes

Waste crime strategy

Fly-tipping protocol

Waste Disposal Regulations

Duty of Care 1991

Registration of Carrier 1991

Waste Management Licensing 1994

Landfill 2002

Clean Neighbourhoods and

Environment Act 2005

Hazardous Waste 2005

List of Wastes 2005

Waste Electrical & Electronic Equipment

2006

Site Waste Management Plans 2008

Landfill Tax

Active waste rate for 2009/1010:

£40/tonne

Increase to £48/tonne in

2010/2011

Makes up about 60% of

construction waste

A lower rate of £2.50/tonne

applies to inactive waste

Makes up around 40% of construction waste

Difficulties arise, but….

Forecasting waste

Awareness levels still low

Issues of ownership often confused

Data collection

Support

WRAP

Envirowise

BRE

Constructing Excellence

NetRegs

Industry Action

SWMP Regulations 2008

Site Waste Management Plan

Regulations 2008

Came into force 6 April 2008

Legal requirement on all projects > £300K (increased requirements for >£500K)

Clients and Contractors have legal obligations

LA and Environment Agency enforcement powers

‘Soft’ enforcement for the first 2 years

Why Regulate?

1. Improvement in materials resource efficiency

2. Reduction in fly-tipping

Construction is a major waste producer

Concern with Duty of Care compliance

Fly-Tipping is a growing problem:

Cost to taxpayers = £50mpa20% of fly tipped waste is C&D waste

31% of worst incidents involve C&D waste

40% of all incidents involve C&D waste

How do Regulations help?

Tracking waste by ensuring that those responsible for construction

projects know:

The intended destination of waste removed from site;

That their waste is being managed by legitimate registered

waste carriers; and

That their waste is managed responsibly, in line with waste

management controls

Improving resource efficiency by:

Raising awareness

Considering waste early, to plan and mitigate

What are the benefits - LA?

Reduced fly-tipping and a cleaner,

safer, greener local environment

Savings in LA functions such as

cleaning-up fly-tipping

Helps to raise awareness and

compliance with existing legal

provisions, e.g. fly-tipping, waste duty of

care

Save investigations into illegal waste

activity

Less demand on landfill

‘Modern resource efficient industry’

What do the Regulations require?

Basic overview

SWMP should include:

• Headline information about the project, client & contractor;

• Name of person responsible for the plan;

• Forecast the quantity/type of waste to be generated;

• Identify clear actions for each waste type to reduce waste, and increase recycling;

• Record actual quantities and end destination for each waste stream;

• Provide declarations.

Scope

Any client intending to carry out a

construction project on one site with

an estimated cost greater than

£300,000 must, before work begins,

prepare a SWMP

Evidence of a ‘planned project’ may

include planning consent, building

regulations approval or relevant

contract documents

Applicability

Full range of projects

Buildings

Infrastructure

New-build

Refurbishment

SWMPs apply to all aspects of

construction work

Demolition

Excavation

Exemptions

Routine maintenance

Part A installations

Nuclear licensed site with an Integrated

Waste Strategy (IWS)

If a project is planned before 6 April

2008 and the construction work begins

before 1 July 2008 then the requirement

to prepare and implement a plan does

not apply

Level of Detail & Updating

For projects with value of £300- £500K

Identify roles

Forecast waste types (inert, non-hazardous or hazardous), volumes, recovery/disposal routes

Record quantity, type, carrier, license no., site waste taken to

Copy of or reference to WTN

Within three months of completion

• Confirm regularly monitored and updated

• Explain deviations from the plan

Failure to update is an offence

Level of Detail & Updating

For projects with value over £500K

As basic SWMP +

Whether site operator holds a permit or

is exempt

Update 6 monthly & within 3 months of

completion

Compare estimated versus actual

quantities

Estimate cost savings

The identity of the person removing

the waste

Failure to update is an offence

Availability of SWMP

Must be kept on site

All contractors must know where it is

kept and it must be available to any

contractor carrying out work included

in the plan

Keeping plans

Must be kept for two years after

completion of the project

Failure to comply is an offence

Additional Duties: Schedule 1

Principal Contractor

Coordination of the work

Cooperation among contractorsSite induction

Job specific information/training

Manage waste within the terms of the SWMP

Ensure, so far as reasonably practical, waste is reused, recycled and recovered

Client

Give reasonable directions to any contractor to enable PC to comply

Client & Principal Contractor

Review, revise & refine SWMP as necessary

Clearly communicate changes in roles & responsibilities

Ensure security to prevent illegal disposal of waste

A Contractors viewpoint on SWMPs

Victoria HillJade HuntRichard Smith

VINCI Construction UK

VINCI Construction UK Limited incorporates the heritage and experience

of major UK construction brands to provide a fully integrated service in

the following sectors:

� Building

� Civil Engineering

� Air

� Facilities

� Technology

The Group

VINCI Construction UK has an annual turnover exceeding £1 billion.

VINCI PLC is the parent company of VINCI Construction UK and forms

part of VINCI, the world’s leading concession and construction group.

VINCI has a turnover of €33.5 billion and 164,000 employees in 90

Countries around the world.

SWMPs – our experience

� Subsidiary companies using SWMPs since 2000

- Promotes waste reduction and recycling

- Reduces costs

- Improves overall site performance

- Increases control in accordance with Duty of Care Regulations

- But was generally reactive monitoring (e.g. Client requirement)

� Introduction of Regulations was welcome

- Encouraged proactive waste consideration

- Created a level playing field

- Elevated waste ‘up the agenda’

- Resulted in better resource management

- But focus of Regulation missed most significant opportunities

SWMP Stages

� Pre-Tender SWMP

- Often non-existent!

- Can be asked for in tender documentation by Client

� Pre-construction SWMP

- Developed by Principal Contractor

� Live SWMP

- Monitoring and measurement of actual verses predicted waste volumes

� Post-construction SWMP

- Rarely undertaken with Client, but can offer rewards.

- No obligation on Client

Pre-Tender SWMP

� Responsibility of CLIENT

� Document approximate waste types and volumes

� Design in reuse where possible

� Minimise waste through smart design

� Missed opportunity, rarely considered before design is near completion

� No push from clients to minimise waste

SWMP – Design Decisions Bath Hospital Project

Pre-construction SWMP

� Waste volumes predicted by Site Waste Manager or estimating team

� Can be difficult to estimate, but the main purpose is to improve the management of anticipated waste streams

� Encourages early communication with waste management contractors

� Develop resource management plan, prevent materials becoming ‘waste’

SWMP - Forecast Sheffield BSF School Project

Live SWMP

� Responsibility of Site Waste Manager

� Each transfer of waste is logged

� Waste volumes reviewed at intervals

� Assists contractors to monitor Duty of Care requirements

� Can identify anomalies and determine cause (only if predictions are sensible)

Live SWMP - Waste data logGatwick Airport Project

Post construction SWMP

� Review lessons learnt

� Review waste volumes – reasons for increase/decrease

� Client can benchmark contractors on repeat schemes

SWMP – Case StudyT4 CIP Lounge

� Good information relating to decisions made to reduce waste:

SWMP – Case StudyT4 CIP Lounge

� Variability between forecast and actual volumes:

Phase ‘effectiveness’

� Construction phase - limited influence

� Estimated that 30% of waste can be designed out

� Why are the regulations focussed on construction phase?

What do we expect from Regulators?

� Consistency and fairness but;

� What is the purpose of the Regulations to you?

� Reduce waste? Reduce fly tipping? Increase recycling?

� Regulations obligate the Client and Contractor

� Only the contractor is actually regulated

Reduce waste?

� LA enforcement should focus on CLIENTS- Planning stage ensure

- Fully predictive SWMP- Inclusive of design decisions to minimise waste- Add as a planning condition

� Addresses waste at the top of the hierarchy

� Few Clients embrace the spirit of the Regulations and pass their obligations onto the Contractor

� If waste reduction was paramount, Clients would challenge Designers

� Reduces the volume of waste that contractors have to manage

Reduce Fly tipping

� LA enforcement should focus on SMALL projects

- Defra announced fly-tipping had decreased by 9.8% in 2008-2009

- Local Authorities costs were £54.9million

- Large projects with major contractors are less likely to suffer from rogue waste activities

� Review Duty of Care controls and waste transfer notes not waste data.

Increase recycling

� LA enforcement should focus on LARGE projects

- Increased waste generation

- More opportunities for effective recycling

- Tie in with Contractors Halving Waste to Landfill Commitments

� Review waste data, are opportunities for recycling considered?

� Where is the waste going to – have opportunities been lost?

VINCI Experience and Needs

� Only aware of one planned Environment Agency visit and no Local Authority visits to date

� Checking that the SWMP exists is not enough (Fixed Penalty Notice)

- Informed officer visits

- Influence design

- Push the industry towards overall waste reduction

- Obligate client

� Minimise waste to landfill

- Increase recycling

- LA need to support infrastructure developments

Conclusions

� Are the Regulations working?

- Not as anticipated (threshold level)

- Missed a good opportunity to push Designers and Clients

- Little or no visible enforcement

� Can the regulations work?

- Yes! Large contractors are meeting requirements

- More Client involvement – they need to be regulated too!

� Focus of visits

- Dependant on LAs goals (reduce, recycle, minimise fly-tipping)

- Interrogate data, challenge the Site Waste Manager/Project Manager

Global construction consultants

Site Waste Management Plan Regulations 2008The Enforcement and Supporting Environment

Enforcement

Key Aim: Ensure that a compliant SWMP has been written and

implemented

Regulators

Environment Agency

Local Authorities

Enforcement

Power for regulators to check SWMPs

Defined types of offences

Schedules of Penalties

Offences

Fail to

Make a SWMP

Keep at site & make available

Record waste disposals

Review 6 monthly where > £500k

Confirm & analyse within 3 months of completion

Keep for 2 years after completion

Produce upon request by LA/EA

Produce supporting evidence

Obstruct or furnish false/misleading information

Fail to comply with Duty of Care

Penalties

Fixed Penalty notice for failing to produce SWMP

£300, to be paid within 14 days

On summary conviction

Fine up to £50,000

On conviction on indictment

Unlimited fine

Duty of Care at the core of SWMPs

Potential custodial sentences

How & who should enforce?

How & who should enforce?

Add to existing local enforcement

strategies, e.g. additional tool for dealing with fly-tipping?

Or…separate SWMP agenda?

Partnership with the Environment Agency?

When - Planning?

Outline Design

Detailed Design

Pre Construction

Construction Post Completion

Planning reqs.

When – Site Inspections?

Outline Design

Detailed Design

Pre Construction

Construction Post Completion

Planning reqs.

SWMP inspection

How do I determine an offence?

How do I determine an offence?

Who should I be

asking?

What should I be

looking for?

When should I be looking?

Recommended Initial Checks

Is there a need for a SWMP?

Is there a SWMP?

Are the key details correct?

Are you speaking with the person responsible for drafting the plan?

Recommended Initial Checks

Are there forecasted estimates of waste type and quantity?

Is the plan a good description of the activities on site?

Is there documentary evidence of all waste removed from site? E.g. waste carrier registration, waste transfer or hazardous waste consignment notes?

Have the types and quantities of waste produced been reconciled against the estimates in the plan?

Digging a little deeper…

Have waste minimisation techniques been employed during the design phase?

Can they explain how the plan has been implemented, down to subcontractor level?

Can they explain how the site is managed to accommodate waste storage and recovery?

Are all tasks being recorded and updated on the SWMP?

What action should I take?

What action should I take?

Is the offence intentional?

Is penalty due? High profile cases?

Who do I penalise? Client or contractor?

Should I liaise with the Environment Agency?

Should I encourage good practice through local support and signposts to guidance?

Site Waste Management Plans

Kay Champion Iain Regan

Project Manager Principal Waste Officer

Our aims - new corporate strategy

A better place for people & the environment

Reduce climate

change & its consequences

Protect & improve air, land & water

quality

Put people & communities at

the heart of what we do

Work with businesses &

public sector to

use resources wisely

Be the best we can

Our interest in the Construction Sector

Consultee on land use planning

Regulator of licenses, exemptions, permits & consents

Provide advice & guidance

Statutory duty for strategic water resources planning

New environmental planning role: infrastructure gaps

As a construction client

Our interest in SWMP Regulations

We will only intervene where non-compliance is linked to an incident such as fly tipping.

Construction Sector - The “hidden” costs……

37,5445,476,245Estimated cost of clearance (£)

42,147

1,281,145

7.1

All England & Wales

Estimated total fines (£)

Estimated cost of enforcement (£)

Proportion of fly-tipping incidents (%)

28.5

Dealt with by EA

6802

•A fifth of all fly tipping incidents are of construction and demolition waste

•A third of bigger and nastier fly tips include construction, demolition and excavation waste

•Removing fly tipped waste costs the taxpayer almost £74 million

2007/08

Site Waste Management Plans – A useful tool

Short-term:

Reduced environmental crime

Increased legal compliance

Decrease in pollution risks & incidents

Manage waste better

Longer term:

Higher standards on site

Reduced environmental crime

Resource efficiency

Increased Corporate Social Responsibility

Increased awareness of benefits of good practice

Stabilised market for recycling and recovery sector

Better trained workforce will skills for more sustainable construction

SWMP Campaign - NetRegs

Travis Perkins 2007/8:

160,000 leaflets to TP customers at road shows

824 sign ups to email updates

FMB survey Nov 2008:

51% unaware SWMPs are mandatory for projects > £300,000 in England

45% that used SWMPs reported money savings

25% that had used SWMPs say they have helped them to win new business.

Joint promotion with Envirowise & SW Regional Development Agency

Over 50,000 downloads of Simple Guide

Over 6,000 construction SMEs on email updates

SMEnvironment survey 2009

Low environmental awareness.Confused where to go for advice

Compared to the other sectors Construction SMEs were:least likely to introduce practical measures to prevent / reduce harm to the environment.

Of those 40% that had introduced practical measures, compared to the other sectors they were:

least likely to recycle their waste, 59% (20% less than Healthcare)second least likely to reduced waste, 37%least likely to have made energy efficiency or water reduction improvements, 19% second least likely to have assessed their impact on the environment, 12% (agriculture 23%) least likely to have carried out a programme of environmental improvements, 8% (agriculture 17%)one of the most likely to have made someone responsible for environment, 10%

94% have internet access

South East Intervention Campaign

Working with the Pathway to Zero Waste we aim to significantly reduce construction and demolition waste crime and by doing so stabilise the recycling and recovery markets.

An intelligence led approach to waste crime

Proactive approach

Prioritisation – hitting the big bad and nasty for maximum effect

Enables best utilisation of resource

Cradle to grave mapping - identifying the offender

Number of investigations and operations on-going

Variety of preventative measures

Obtaining intelligence from a range of sources (can someone else take care of the problem?)

Painting the picture – the size and scale of the problem – raise's profile and makes it a priority!

Intelligence gathering and analysis Identifying what we know – don’t know – and want to know

Identify why the crime is committed and where best to intervene for maximum effect…

South East Intervention Campaign

Problem Profile

Targets identifiedRepeat & Known Offenders

Geographical Hot spots

Crime Types

Intervention StrategyPrevention

Intelligence

Enforcement

Waste Flow MappingThe trial – Waste Flow Inspections

Tracking waste from cradle to grave / grave to cradle

Purpose to:

Prevent waste falling out of legal control

ensure producers describe their waste accurately

improve awareness and compliance with duty of care

Reduce the use of un-registered waste carriers

build intelligence on waste movements

increase presence on construction sites

increase risk of offenders being caught identify and enforce against illegal activities

Construction sites - SWMP Audits

Guidance & forms needed to help officers identify sites and conduct inspections

Developed in consultation with local authorities, contractors and CIRIA , WRAP & others

Being trialled in the South East

Available for use by local authority staff in the South East

SWMP Project - Inspection Pack

Understanding SWMP auditsProcedure for Preparing and Conducting the AuditGuidance for Completing the Audit Template

Best Practice Example

Heading

Experiences of construction sites & site waste management plans

Experience on construction sites & SWMPs

53 rejected load reports from one landfill since January

32 SWMP inspections

Experience on construction sites & SWMPs

level of understanding of duty of care legislation and SWMPs

waste segregation

ignorance on site of existence of SWMP

waste dispatch procedures

Mis-describing waste

SWMP not implemented by sub contractors / site workers.

lack of information on SWMP

SWMP not updated

Key findings - 20 construction site audits:

17 sites breached environmental legislation,

7 breached the SWMP regulations

4 had available & adequate waste transfer notes

5 of the sites had waste inadequate waste storage

3 had incomplete or inadequate duty of care documentation.

Duty of Care issues were identified on 17 of the sites:Inadequate documentation:

Missing paperwork:

Mis-description of waste was obvious on 4 sites

No SWMP were available on site 3 of the 6unannounced construction site visits.

SWMP quality was generally very poor.

Opportunities to work together

Sharing experience, research & information about the sector

Sharing lessons on what works best

Exchanging messages & contacts

Bringing our officers together

Joint literature & campaigns

Cross referral/ collaborative enforcement

Single point of contact / joint visits

Low level

High level

Global construction consultants

Site Waste Management Plan Regulations 2008Working Session – What is going to be your approach?

Working Session 1 – Developing an Approach

30 mins

Discuss in groups

1 person presents back

1. What can be done at the

Planning stage?

2. When and who can enforce

during the project timeline?

3. What is your influence as a

client?

4. What is the benefit case?

1. Planning Stage

What can be done at the Planning Stage?

Think about….

How could planning influence site waste management on projects?

How do you identify projects at this stage?

What are you asking for and/or communicating?

How do you do it?

What are the benefits and obstacles?

2. Enforcement during the project

When and who can enforce during the project timeline?

Think about….

How to identify relevant projects?

At what stage to intervene?

Who would be best placed?

What are you asking for?

What are the benefits and obstacles to these options?

Need for a coordinated approach?

Outline Design

Detailed Design

Pre Construction

Construction Post Completion

3. Influence as a Client

What is your influence as a client?

Think about…

What type of projects are applicable?

How can you influence a project?

What would you do?

What would you ask for/communicate?

How would you identify compliance and/or good practice?

4. Benefits Case

What is the benefit case for taking action?

Think about…

Whether your Local Authority has relevant sustainability or wider agendas and/or objectives?

How are these delivered?

How could the SWMP Regulations fit-in or enforce these agendas?

Where do you focus?

Are there benefits to a coordinated approach?

Working Session 2 – Making it happen

30 mins

Discuss in groups

1 person presents back

Who needs to drive the

agenda forward?

Is training needed?

What tools/resources are

required?

Who do you need to speak to?

Working Session 2 - Making it happen

Who can take Is training needed?

ownership?

What tools/resources are Who do you need to speak to

required? (internal/external) ?

Close out