Site Waste Management Plans Regulations 2008

Up to now, the preparation of Site Waste Management Plans (SWMP) has been voluntary. This is all about to change. On 6 April 2008 the Site Waste Management Plans Regulations 2008 come into force. All construction projects in England over £300,000 (excluding VAT) will have to prepare, update and record information on a SWMP. The regulations apply to all projects planned after 6 April and to projects planned before this date if construction work commences on or after 1 July 2008.

The Regulations place duties on clients and principal contractors. Although those duties can be delegated to others, ultimate responsibility for any breach of the regulations will remain with the client and principal contractor.

What is a SWMP (Site Waste Management Plan)?

A SWMP is a plan that estimates the types and quantities of waste that will be produced on site, confirms the actual quantities generated and how they have been managed. The aim of these regulations is to reduce waste, increase re-cycling, re-using and recovery and ensure disposal is reduced, controlled and legal.

What information must a SWMP include?

Firstly, the SWMP must include background information such as the identity of the client, the principal contractor and the person who drafted the SWMP. It must describe the construction work being proposed, the location of the site and the estimated cost of the project.

Secondly, all decisions relating to waste must be recorded somewhere on the SWMP. For example, any decision taken before the SWMP was drafted, as to the nature of the project, its design, construction method or materials to be used, which relate to waste production or management must be recorded on the SWMP.

The SWMP must also:

• Describe each waste type expected to be produced in the course of the project
• Estimate the quantity of each different waste type expected to be produced
• Identify the waste management action proposed for each method different waste type.

The SWMP must include a two fold declaration. Firstly, that the client and principal contractor will take all reasonable steps to ensure that all waste from the site is dealt with in accordance with the waste duty of care contained in the Environmental Protection Act 1990 and the Environmental Protection (Duty of Care) Regulations 1991. In summary, these two regulations provide that any person producing or disposing of waste must take all reasonable measures to prevent escape of waste, ensure the transfer of waste is to an authorised person and retain the written descriptions of waste and transfer notes.

Secondly, the client and principal contractor must declare that materials will be handled efficiently and waste managed appropriately.

How does the SWMP have to be updated?

The Principal Contractor is responsible for monitoring, recording and updating the SWMP. It must be kept by him for two years after completion of the project at his principal place of business or at the site of the project.

If a project has an estimated cost of £500,000 or less, the principal contractor has a duty to record on or add to the SWMP:-

1. Whenever waste is removed from the site:
   • The identity of the person removing the waste
   • The types of waste removed
   • The site that the waste is being taken to.
2. Within three months of the work being completed, confirmation that the plan has been monitored on a regular basis to ensure that work is progressing according to the plan and that the plan was updated as required by the regulations.
3. An explanation of any deviation from the plan.

If a project has an estimated cost of more than £500,000 the principal contractor must record on or add to the SWMP:-

1. Whenever waste is removed from the site:
   • The identity of the person removing the waste
   • The waste carrier registration number of the carrier
   • The written description of the waste, as required by section 34 of the Environmental Protection Act 1990The site that the waste is being taken to and whether the operator of the site holds a permit or is registered as a waste operation not requiring a permit under the Environmental Permitting (England and Wales) Regulations 2007.
2. As often as necessary to ensure the plan accurately reflects the progress of the works and at least every six months:
   • Review the plan
   • Record the types and quantities of the waste produced
   • Record the types and quantities of waste that have been reused or recycled (and whether it was on or off site), sent to landfill or otherwise disposed of
   • Update the plan.
3. Within three months of the work being completed:
   • Confirm that the plan has been monitored on a regular basis to ensure that work is progressing according to the plan and that the plan was updated as required by the regulations
   • A comparison of the estimated quantities compared to the actual for each waste type
   • An explanation of any deviation
   • An estimate of the cost savings that have been achieved by completing and implementing the plan.

Client Duties

In addition to preparing a SWMP before work commences on site, a client, along with the principal contractor, has a duty to review, revise and refine the SWMP as necessary and to ensure that any changes in respective roles and responsibilities are clearly communicated to those affected. Both must also take reasonable steps to ensure that sufficient site security measures are in place to prevent illegal disposal of waste from site. A client also has a duty to give reasonable directions to any contractor to enable the principal contractor to comply with the regulations. If the client fails to appoint a principal contractor the client will be responsible for all of the principal contactor obligations contained in the regulations.

Principal Contractor Duties

In addition to updating and keeping the SWMP the principal contractor has a number of other duties. He must ensure that:

• The SWMP is kept at the site office, or if there isn't one then at site
• Every contractor knows where it is kept and must make it available
• There is co-ordination and co-operation among contractors at work during the construction phase and that he makes and maintains arrangements that will enable the workers to co-operate effectively to ensure waste is managed in accordance with the SWMP and effectively
• Every worker is provided with suitable site induction and training needed for the particular work to be carried out in accordance with the SWMP
• Waste is recycled, reused or recovered
• He reviews, revises and refines the SWMP as necessary and to ensure that any changes in respective roles and responsibilities are clearly communicated to those affected (the client also has this duty)
• All reasonable steps are taken to ensure that sufficient site security measures are in place to prevent illegal disposal of waste from site (the client also has this duty).

False or inaccurate statements and obstruction

It is an offence under these regulations to make false or misleading statements in a SWMP. Any person who:

• Intentionally obstructs
• Fails to give assistance or information that is reasonably required to
• Provides false information to; or
• Fails to produce a SWMP or other record to

a person acting in the execution of these regulations will be committing an offence.

Penalties

The regulations can be enforced by the Environmental Agency or local government. If guilty of any offence under these regulations a person is liable on conviction to a fine not exceeding £50,000 or if in the Crown Court to an unlimited fine. An individual such as a director or manager as well as a body corporate can be found to be guilty of an offence. A failure to produce a SWMP or other record may be given a fixed penalty notice for payment of a fixed penalty of £300.

What do I need to do now?

Although a client has the responsibility under the regulations to prepare a SWMP, in practice this is going to require the input of the principal contractor. Clients need to ensure that they liaise early on with their principal contractor to ensure a SWMP is drafted in accordance with the regulations. It would be advisable to check that procedures have been put in place by the principal contractor to update the SWMP and record relevant information on it. Clients have a duty to review the SWMP to check that site waste is being managed efficiently and appropriately, that the plan is being followed and whether it needs updating. They should include a review as an agenda item at monthly site meetings. As every client has a specific duty to prevent illegal disposal of waste a client should ensure from the outset that site security is adequate.

Principal contractors may find assistance in the drafting and updating of a SWMP from the Waste and Resources Action Programme (WRAP). They have produced a template document and guidance to assist in the preparation of SWMPs. They are free to download from their website (http://www.wrap.org.uk/). DEFRA has also produced a "toolkit" and guidance to assist in the preparation of the SWMP and maintaining it.