November 2013

Area of discussion

1. Environmental Permitting Regulations – What is Waste?

2. The key Criteria for materials not being waste

3. Environmental Permits

4. Environmental Permit Exemptions

5. WRAP Protocol – the basic principles and the importance of evidence

6. CL:AIRE Code of Practice

• The basic requirements

• Material Management Plan

• EA Position Statement

7. Import / Re-use on Site/Export Flowcharts

What is waste?

Excavated Material generated by construction may be waste and subject to waste regulatory controls

If the material is to be discarded / surplus to requirements – it’s waste

If the material is not fit for purpose and requires treatment to render it acceptable – it’s waste.

Waste is waste whether it is contaminated or inert……………

Environmental Permitting Regulations 2010

If using, treating, storing or disposing waste then you need either:

a. an ‘environmental permit’ or;

b. an ‘exemption’ (if the material falls within the criteria/limits)

Is it waste?

The Environmental Permitting (England & Wales) Regulations 2010 do not apply if you can demonstrate the material is NOT a controlled waste

Can you demonstrate it’s not waste?

3 Key Indicators i. Suitable - Are not a risk to human health or

the environment

ii. Certainty of use – were they always to be used (planning/design)

iii. Certainty of Volume – the defined amount and no more (Designed volumes) OR

Are Recycled aggregates, imported or produced on-site manufactured in accordance with WRAP?

Demonstrating appropriate use of waste?

Waste can only be used on the site where it is generated or on another site if: i. Environmental Permit in place of use – Authorising

use of waste – Rarely used in the Construction Development Industry

ii. U1 Exemption in place – Exempts use of waste iii. Is used in compliance with the CL:AIRE Code of

Practice – Demonstrates material is no longer waste

iv. Has been manufactured in accordance with the WRAP Protocol – Demonstrates material is no longer waste

Environmental Permits

Environmental Permits are generally required by: Long Term or Static Facilities

Waste Transfer Station

Landfills

Materials Recycling Facilities

Vehicle Storage & Dismantling

Metal Recycling

Clinical Waste Transfer Station

Incinerator Plants

Industrial/ Agricultural Water Abstraction / Discharge

Specialist Remediation Processes Mobile Treatment Operations (Site specific)

Environmental Permit Exemptions

Use – (U Codes)

Treatment – (T Codes)

Disposal – (D Codes)

Storage – (S Codes)

Exemption application form available from:

http://environment-agency.gov.uk/static/documents/Business/WEX001v02Aug10_e-form_Opt2_1.pdf

Form WEX001: Registering waste Exemptions – Same form for Use, Treatment, Storage, Disposal Exemptions • Downloaded from EA Website • No charge for processing • Limitations on Volumes

Use of Waste in Construction – U1

Limitations on Volume / Material / Time – Exemption granted for 3 year period

TABLE 1 MATERIALS

Aggregates such as: • Mineral Waste • Gravel/Rock • Waste Sand • Waste Concrete • Track Ballast

MAX 5000T

TABLE 2 MATERIALS

Soils such as: • Inert soils & stones • Dredgings not containing dangerous substances • Parks & Garden Waste

MAX 1000T

TABLE 3 MATERIALS

Materials such as: • Bituminous Material (NO COAL TAR) • Reclaimed Sub- base

MAX 50000T

U1 Exemption - Examples

Import of non-WRAP recycled inert aggregates for construction (temporary or permanent use) (5000T max aggregates / 50000T max recycled sub-base or coal tar free planings)

Transfer of surplus re-usable construction wastes to adjacent landowner within volume limits – application submitted in the name of the recipient

Treatment of Wastes in Construction

Applicable when not managed through CL:AIRE Code of Practice

T5 – Screening and blending wastes

T7 – Treatment of waste bricks, tiles, concrete by crushing, grinding or reducing in size

T 5 Exemption – Screening and Blending Applied for through Environment Agency Form WEX001

Treatment using permitted equipment , includes:

Screening demolition arisings Blending of soils to improve quality on site Grading crushed material to meet specification On construction site where sourced prior to re-use On demolition site prior to transfer elsewhere

You can’t: Import, treat, & send off site – Permit required Treat waste prior to disposal – Permit required Crush wastes (T7 Exemption) Treat hazardous waste – Permit required

Limited to:

50,000 tonnes bituminous mixture 5000 tonnes other wastes

Exemptions not required if operating site under CL:AIRE on source/reuse site

T7 Exemption – Screening and Blending Registered through Local Authority

Includes:

Crushing of tiles, brick & concrete @ < 20T per hour

Limited to storage of 200T max

On construction site where sourced prior to re-use

Mobile Plant Permits:

Local Authority Permitted at place of business

Local authority notification at place of temporary use

Exemptions not required if operating site under CL:AIRE on source/reuse site

Storage of Wastes - Exemptions

S1 – Storage of Waste in secure containers

S2 – Storage of Waste in secure loaction

S3 – Storage of Sludge

S1 - Storage of waste in secure containers

Includes: Waste Oils - 3m3 MAX Paper, Card, Glass, Cans, Plastics – 400m3 MAX At a secure location for up to 12 months MAX

You can’t: Treat waste Store waste destined for disposal Store mixed wastes Mix Hazardous & Non-Hazardous wastes

Does not apply to segregated skips on a construction site – applies

to waste management company collecting wastes and returning temporarily to central storage location

S2 - Storage of waste in location

Includes: Construction & Demolition Waste suitable for re-use without treatment Other wastes included on listed at: http://www.environment-

agency.gov.uk/static/documents/Business/S2_exemption.pdf Must be a secure location

You can’t:

Treat waste Store waste destined for disposal Mix wastes Mix hazardous & non-hazardous wastes

Limits for Construction & Demolition Wastes: 100T (500T reclaimed

sub-base/planings incl. Hazardous wastes) for 12 months MAX

S3 - Storage of sludge

Principally used for:

• Agricultural sludges

• Sewage storage

• Septic Tanks

With a limit of 1250T in any 12 month period

NOT GENERALLY APPLICABLE TO THE CONSTRUCTION INDUSTRY

WASTE & RESOURCES ACTION PROGRAMME

Recycled aggregates, imported or produced on-site may not be ‘controlled waste’ if they have been produced in accordance with WRAP

A Formal quality procedure for aggregates recovered from inert waste Acceptance criteria for the “raw” material Method statement for reprocessing Specified product requirements Inspection & Test Regime for the Processed

Materials

Records held for 3 years Permanent Sites have Environmental Permits

Permitted Wastes for WRAP Processing

LIABILITY FOR THE QUALITY OF THE WASTE LIES WITH THE PRODUCER. FAILURE TO DEMONSTRATE WRAP COMPLIANCE WILL LEAD THE EA TO REGARD SUCH MATERIAL IMPORTED TO SITE TO BE WASTE, WITH LIABILITY RESTING WITH THE RECEIVING SITE

10 11 03 Waste glass based fibrous materials Only without organic binders

15 01 07 Glass packaging Selected construction and demolition waste acceptable only with low content of other types of materials (like metals, plastics, organics, wood, rubber etc). The origin of the waste must be known

17 01 01 Concrete including solid dewatered concrete process waste

17 01 02 Bricks

17 01 03 Tiles and ceramics

17 01 07 Mixtures of concrete, bricks, tiles and ceramics

17 02 02 Glass

17 05 04 17 05 08

Soils and stones including gravel, crushed rock, sand, clay, road base and planings, and track ballast

Excluding topsoil, peat and any subsoils from contaminated sites

20 02 02 Soils and stones restricted to parks waste Only from garden and parks waste; excluding topsoil, peat

Current WRAP exclusions – PFA (Unbound)

The EA developed a quality protocol in 2010 in an endeavour to support the sustainable use of PFA in lieu of natural aggregates

Key Features:

Would not be regarded as waste if it meets the requirements of an approved product standard and the customers additional requirements

Is destined for use in bound or grout application

There is currently no quality protocol covering the use of unbound PFA in construction although negotiations between the power industry and the Environment Agency are ongoing.

Use of unbound PFA in construction

The current PFA QP does not apply to unbound use in

construction.

An interim position statement has been developed by the to allow

the use of unbound PFA, following full site specific qualitative risk

assessment as embankment fills, without the requirement for an

Environmental Permit.

This position statement is continually under review and

representation to the local Environment Agency Office should be

made prior to importation of PFA for use in the construction

industry.

The current EA Position Statement can be found @

http://www.envoronment-agency.gov.uk/static/documents/Business/MWRP_RPS_017_v15_QP_Sept_2012.pdf

CL:AIRE Code of Practice Revision 2

CL:AIRE Code of Practice Revision 2

1. Voluntary Auditable System 2. Demonstrates materials are not waste 3. Avoids Permits AND Exemptions (Time/Cost Savings) 4. Site Materials Management Plan mirrors the

Remediation Strategy & demonstrates: a. No risk to Human Health & Environment b. Certainty of Use c. Certainty of Volume

5. Reviewed by Qualified Person 6. Declaration to EA before re-use on site OR 1 Wk before

material transfer to another site or to a Hub Site 7. Charges apply as from 1st October 2014 8. Verification Report –detailing works as completed 9. EA audits – limited sample sites

When should the CL:AIRE CoP be used?

1. Contaminated and uncontaminated soils on the site where it has been excavated whether it requires treatment or not prior to use.

Soils/subsoils, minerals, dredgings, made ground, source segregated

aggregates, stockpiled wastes including any of the above

2. Transfer of naturally occurring inert soils on another development site where no further treatment is required

Inert natural soils/subsoils, dredgings (excavated or previously stockpiled)

3. Use at sources or on another development site following treatment at an authorised hub or fixed soils treatment facility Soils/subsoils, minerals, dredgings, made ground, source segregated aggregates, stockpiled wastes including any of the above

What is regarded as treatment under the CoP

Treatment:

Crushing & Screening Bioremediation Chemical Stabilisation Thermal treatment

Not Treatment:

Lime/Cement Stabilisation Vibro Compaction Dynamic compaction Surcharging Piling Soil Reinforcement

Before treatment materials will be regarded as waste. Specialist Treatment Providers MUST have an appropriate Environmental Permit or Exemption. Sites must verify

EP (Mobile Treatment Licence) Deployment Documentation > 1000m3 – 28 Day lead in period

QP Declaration required before treated materials used on site.

The Material Management Plan (MMP)

Document identifying:-

• Who will implement the plan? • Materials - What, how much and where will it be used? • Will it be safe? - Risk Assessment / Remediation Strategy • How will it be managed on site? • How will the movement, treatment, use of soils be recorded? • What Contingency arrangements are in place • How will you demonstrate compliance with the MMP?

• CL:AIRE MMP template with appropriate evidence • For direct transfer – receiving site would normally develop the MMP as they will also complete the verification report at the end of the project

Material Tracking

All materials (excavation, disposal, storage, treatment and/or reuse) must be tracked to provide an audit trail for the Verification Report

Re-use on site: as-built drawings of excavation locations, storage,

treatment locations, area of final use, c/w associated field testing & lab results

Direct Transfer: Source Site – source soils data, conveyance notes, daily

tally Receptor Site - Acceptance procedures for non-waste

materials –visual and olfactory inspection records, delivery receipts, confirmatory field tests, non compliance reporting & remedial action, as-built drawings of deposition locations

The Qualified Person

Registered with CL:AIRE – Register on CL:AIRE Website An authorised Signatory of their Company Chartered Have 5 years relevant experience in this specific field Have relevant qualifications in the field Not be directly involved with the management of the

project Have no criminal convictions for contravention of waste or environmental legislation Have undertaken CL:AIRE QP training http://www.claire.co.uk/index.php?option=com_contact&view=category&catid+943Itemid=125 CL:AIRE QP Register

CL:AIRE CoP – QP Declarations

i. On site re-use – before material is re-used (not necessarily before programme start – can temporarily stockpile before Declaration)

ii. On other site or hub – 1 week before dispatch

iii. QP liability ends with assessing sufficiency of MMP and relevant supporting documents – the QP is not liable for the failure of the site operator to comply with the MMP

Declaration required site to site transfer for each

new donor/receptor site

CL:AIRE CoP – Declaration Charges

i. Declaration made to CL:AIRE who raise charges and notify the Environment Agency.

ii. Where volumes are < 5000m3 no charges apply

iii. For 6000m3 a fee of £60 applies

iv. Fees increase on sliding scale 7,000m3 = £70

100,000m3 = £1,000

1,000,000m3 = £10,000

CL:AIRE CoP Verification Report Includes:

As Built Site Plans;

Description of the project;

Description of how material use complies with the Remediation Strategy

Reference to site investigation data;

Reference to qualitative risk assessments;

Review of the MMP

Suitable for use criteria;

Details of Treatment and validation records;

Laboratory analysis;

Tracking Records

Record of contingency arrangements implemented;

Record of quantity of materials used;

Copies of signed QP Declaration

CL:AIRE CoP Timescale for Planners

Required before MMP can be developed: Full planning, full design, adequate site investigation data,

approved strategy Evidence of advance dialogue with Planners & Regulators

Timescales:

Materials Management Plan (MMP) Development – (2 – 4 weeks dependant on the complexity of the scheme)

Independent Review by Qualified Person & Declaration – (1 week)

EA Acknowledgement follows in a month - not a hold point

CL:AIRE MMP Template

The form should be completed once the lines of evidence have been marshalled in relation to suitability for use, certainty of use and quantity required. The answers to the questions posed within the form together with the supporting information will constitute the MMP and must be provided to the Qualified Person.

A Qualified Person may comment on draft versions of this MMP, but will not complete the Declaration until all of the relevant documents, demonstrating lines of evidence have been provided for each site.

Each question must be answered. If the question is not applicable the applicant must provide a brief explanation.

CL:AIRE MMP – What Scenario?

Specify the scenario to which this MMP relates, as described in the CoP

a. Reuse on the Site of Origin

b. Direct Transfer of clean naturally occurring soil and mineral materials

c. Cluster Project

d. Combination of any of the above

In the case of a combination of reuse scenarios, please describe it below (e.g. Reuse on Site of Origin and Direct Transfer of clean naturally occurring unpolluted soils, (ii) Reuse on the Site of Origin with Direct Transfer of clean naturally occurring soil to x number of development sites etc:

CL:AIRE MMP – Who is completing the MMP

2. Organisation and name of person preparing this MMP (full

address and contact details)

Company Name & Address

Details of individual completing the MMP with contact details

CL:AIRE MMP – Basic Details

3. Site Details / Address – incorporating location plan

4a. Name of Landowner(s) (full address and contact details) – Where excavated materials are arising from:

4b. Name of Landowner(s) (full address and contact details) – Where materials are to be reused:

5. Provide a brief description of the planned project and how

excavated materials are to be reused within it.

CL:AIRE MMP – General Plans/Schematics

6. Attach a location plan for the site(s) and a plan of the site(s) which identifies where different materials are to be excavated from, stockpile locations (if applicable), where materials are to be treated (if applicable) and where materials are to be reused.

Plan References:

CL:AIRE MMP – Schematic of materials movement

7. Attach a schematic of proposed materials movement. Where there is only one source area and one placement area briefly describe it below. For all other projects a schematic is required.

Schematic

Reference:

CL:AIRE MMP – The parties involved

8a. Main earthworks contractor(s) (full address and contact details) – Where excavated materials are arising from.

8b. Main earthworks contractor(s) (full address and contact details) - Where materials are to be reused:

9. Treatment contractor(s) (full address and contact details) – for treatment on site of origin, or at a Hub site within a Cluster Project

10. Where wastes and materials are to be transported between sites provide details of the transport contractor(s) (full address, contact details and waste carriers registration details (if applicable)):

CL:AIRE MMP – Regulators involved 11. For each site where materials are excavated and where materials are to be

reused provide Local Authority contact details (full address and named contacts):

12a. For each site where materials are to be reused and for Hub Site locations provide Environment Agency contact details (full address and named contacts):

For all Cluster Projects:

12b. Attach any relevant documentation from the EA relating to the excavation and

reuse of the materials to demonstrate no objection to the proposals (see 3.37 of CoP)

EA references:

If the EA has not been consulted please explain why (see paragraph 3.39 of the CoP).

CL:AIRE MMP – Suitability for Use

13. Please describe or provide copies of the required specification(s) for the materials to be reused on each site.

Reference: Project specific / Specification for Highways etc

CL:AIRE MMP – Suitability for Use Where contamination is suspected or known to be present

14a. Please provide copies or relevant extracts from the risk assessment(s) that has been used to determine the specification for use on the site. This must relate to the place where materials are to be used. This must be in terms of (i) human health (ii) controlled waters and (iii) any other relevant receptors. If a risk assessment is not relevant for a particular receptor given the site setting please explain why below:

Reference: Remediation Strategy / DQRA / Remediation Options Appraisals / Conceptual Site Model / GSI Data

14b. Please attach any relevant documentation from the LA relating to the excavation and reuse of

the materials to demonstrate no objection (see 3.37 of the CoP)

LA references: If the LA has not been consulted please explain why (see paragraph 3.39 of the CoP).

14c. Please attach any relevant documentation from the EA relating to the excavation and reuse of the materials to demonstrate no objection (see 3.37 and Table 2 of the CoP)

EA references: If the EA has not been consulted please explain why (see paragraph 3.39 of the CoP).

14d. Please attach any relevant documentation from any other regulators (if relevant) relating to the excavation and reuse of the materials to demonstrate no objection (see 3.37 of the CoP)

Other references:

CL:AIRE MMP – Suitability for Use

Where contamination is not suspected

15a. Please attach copies or relevant extracts from the Desk Top Study

that demonstrates that there is no suspicion of contamination.

15b. Please attach copies or relevant extracts from the site investigation/testing reports that adequately characterise the clean materials to be used (if appropriate).

15c. Please attach copies of any other relevant information (if available) confirming that land contamination is not an issue.

Reference(s):

CL:AIRE MMP – Certainty of use

Various lines of evidence need to be provided to demonstrate that the materials are certain to be used. This includes: The production of this MMP

An appropriate planning permission (or conditions that link with the reuse of the said materials)

An agreed Remediation Strategy(ies)

An agreed Design Statement(s)

Details of the contractual arrangements

CL:AIRE MMP – Certainty of use

16a. Planning Permission(s) relating to the site where materials are to be reused

Please provide a copy of the relevant planning permission

Reference:

16b. Explain how the reuse of the excavated materials fits within the planning permission(s) for each site. 16c. If planning permission is not required for any one site please explain why below e.g. permitted development, clean up of a chemical spill, surrender of an Environmental Permit, re- contouring within the existing permission:

CL:AIRE MMP – Certainty of use

Where contamination is suspected or is known to be present

17. Please provide a copy of any Remediation Strategy(ies) that have been agreed with relevant regulators.

Reference:

Where contamination is not suspected 18. Please provide a copy of any Design Statement(s) that have been

agreed (e.g. with the planning authority or in the case of permitted developments the client):

Reference:

CL:AIRE MMP – Certainty of volume

19. Please provide a break down of the excavated materials for each site and how much will be placed at each site or sub area of each site.

Reference(s): Earthworks schedule / bill of quantities / design drawings / existing topographic surveys etc.

20a. How has consolidation/compaction being considered in the above mass balance calculations?

20b. How has loss due to treatment being considered in the above mass

balance calculations (if applicable)? 20c. How has the addition of treatment materials being considered in the

above mass balance calculations (if applicable)? Note - An exact figure is not required but one that is reasonable in the circumstances and can be justified if challenged.

CL:AIRE MMP – Contingency arrangements

Explain what is to happen in the following situations and identify the appropriate clauses in the contract(s) (Such clauses must be provided to the Qualified Person, preferably as a summary document): or 21a. What is to happen to, and who is to pay for out of specification materials?

Contract reference: 21b. What is to happen to, and who is to pay for any excess materials?

Contract reference: 21c. What happens if the project programme slips in relation to excavated materials or

materials under going treatment? Contract reference:

21d. Other identified risk scenarios for the project (relating to excavated materials)?

Contract reference:

CL:AIRE MMP – Material Tracking

22a. For all sites please describe the tracking system to be employed to monitor materials movements.

Where contamination is suspected or known to be present State the procedures put in place to:

22b. Prevent contaminants not suitable for the treatment process being accepted 22c. Prevent cross contamination of materials not in need of treatment, wastes

awaiting treatment and treated materials 22d. Demonstrate that materials that do not require treatment and successfully

treated materials reach their specific destination 22e. Ensure that waste for off site disposal or treatment is properly characterised

and goes to the correct facility

CL:AIRE MMP – Material Tracking

23. Please attach a copy of the tracking forms / control sheets that are to be used to monitor materials movements. To include transfer of loads on site into stockpiles prior to treatment (if applicable), stockpiled after treatment (if applicable), stockpiled awaiting use (as appropriate) and final placement.

Reference:

CL:AIRE MMP – Certainty of volume

For Hub Sites within Cluster Projects & where materials

need treatment before reuse

24. Please attach a copy of the Environmental Permit covering the treatment process. Or alternatively if the treatment is covered by a Mobile Plant Permit and associated Deployment Form, attach a copy of the EA agreement to the Deployment Form.

Permit reference / EA letter reference:

CL:AIRE MMP – Records

25. Where, and in what form, are records to be kept?

Note – records e.g. transfer notes, delivery tickets, Desk Top Study, Site Investigation, Risk Assessment(s), Verification Report(s) need to be kept for at least 2 years after the completion of the works and production of the Verification Report

CL:AIRE MMP – Verification Plan

26. Provide or explain the Verification Plan which sets out how you will record the placement of materials and prove that excavated materials have been reused in the correct location and in the correct quantities within the development works.

Reference:

CL:AIRE MMP – Natural Contamination

Direct Transfer under CL:AIRE applies to naturally occurring soils only

Movement of demolition material to another site can only be carried out under waste legislation (unprocessed), unless treated under the WRAP Quality Protocol for the production of aggregates from inert waste applies or the material has otherwise met the end of waste test.

Made ground can only be transferred to another site via a Cluster site

CL:AIRE MMP – Natural Contamination

Where soils have naturally elevated concentrations of substances such as Lead that are proven to be widespread and typical of local conditions they may still be used, provided that the concentrations (both total and leachable) of the naturally occurring substances at the source site are the same or less than that of the receiving site

This will have to shown by adequate site investigation at both sites and a risk assessment for use at the receiving site.

CL:AIRE MMP – EA Position Statement

Environment Agency’s position is very clear – compliance with

the CL:AIRE CoP will prevent the materials being designated as

waste.

Failure to comply or failure to have an appropriate

Environmental Permit or Exemption in place will render the

Site Operator / Landowner liable to prosecution under the

Environmental Permitting Regulations.

Waste flow chart permit scenarios

Materials you intend to send off site

Materials you intend to bring onto site

Materials you intend to re-use on site

Further Queries.....

Contact Pete Wilson @ Urban Regen

01204 595933

info@urbanregen.co.uk

Thank you