developers’ BULLETIN

A DEVELOPERS’ GUIDE TO CHANGES IN THE REGULATION OF CONSTRUCTION WASTE

www.rsk.co.uk

2017

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RSK ADVISES ITS CLIENTS ON THE STATUS OF PROPOSED SITE OPERATIONS INVOLVING THE REUSE OF SOIL OR OTHER CONSTRUCTION WASTES IN THE CONTEXT OF THE ENVIRONMENTAL PERMITTING REGULATIONS

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THIS DOCUMENT HAS BEEN PREPARED BY RSK TO INFORM DEVELOPERS OF THE CURRENT STATUS AND RECENT CHANGES IN LEGISLATION PERTAINING TO ON-SITE WASTE MANAGEMENT. IT GIVES AN OVERVIEW OF THE CHANGES AND DESCRIBES HOW RSK CAN PROVIDE SPECIFIC HELP.

For more information, please refer to the contact details on the back page or visit www.rsk.co.uk/item/33-brownfield-development-and-contaminated-land.html

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REVISED WASTE CLASSIFICATION GUIDANCE – WM3

What do I need to know?The Environment Agency has issued revised guidance on waste classification and assessment (WM3) that replaces the previous guidance (WM2). This is the key document that defines how to assess whether a waste exhibits hazardous properties and, therefore, how it should be classified and disposed correctly. The new guidance implements the changes in European legislation that were brought about by the Classification, Labelling and Packaging Regulation (CLP) (2008/1272/EC), which introduced a new system of classification. The List of Waste (EWC codes) has also been updated with several amendments and additions.

Among the various detailed technical updates and alterations, the main visible change is that hazard (H) codes are replaced by hazardous property (HP) codes. In addition, the hazardous threshold has been reduced for lead from 2500 to 1000 mg/kg and for persistent organic pollutants, including polychlorinated biphenyls, from 2,500 to 50 mg/kg.

There are also more onerous requirements in terms of how far the Environment Agency now expects a waste holder to go in assessing whether the waste demonstrates any hazardous properties, i.e., it may now be necessary to go further than relying solely on standard reference documents that were previously considered sufficient. There also remains uncertainty as to how industry, i.e., waste facility operators, will interpret and apply the new guidance. RSK, therefore, recommends that hazardous property assessments be constructed using the most conservative available criteria in the first instance for specific target organ toxicity (STOT) and acute toxicity hazardous properties where listings contain “*” until it is known how the industry intends to interpret these.

The significance of these changes is that they could potentially lead to an increase in the quantity of waste soil at a site that is classified as hazardous and thus the potential for associated increases in costs for haulage and disposal. Since the implementation of the legislation, RSK has completed waste classification on several sites where this has resulted from the amended legislation. It should be noted the suitable-for-use criteria, as required under planning, are risk based and not hazard based, as required under waste classification. Consequently, it is possible that soil that is suitable for use may have hazardous waste properties. This does not affect the compliance of the site with planning requirements and it can be beneficial, where possible, to keep such soil on-site and thus avoid the costs of off-site disposal. It essential to take account of the new guidance when disposing of waste in order to remain compliant and to consider whether sites that have previously been subject to site investigation and waste soil classification now require reassessment.

How RSK can helpRSK provided a response to the Environment Agency’s consultation document on the new guidance that expressed these concerns and would be pleased to provide further assistance with any queries or concerns regarding this issue.

RSK’s ‘Haswaste’ waste soil classification tool was amended to incorporate the most-conservative approach under the new guidance. This is being continually updated to ensure that our clients are equipped with the most pragmatic, compliant approach to waste soil classification as the guidance and its implementation by the Environment Agency become better understood.

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TAX INCENTIVES FOR THE DEVELOPMENT OF BROWNFIELD LAND

What do I need to know?The standard tonnage tax rate for landfill disposal in England rose to £84.40 on 1 April 2016. The tax rate increase is calculated from the Retail Price Index as laid down in the regulations. Since 2012, all exemptions from landfill tax have been phased out.

The progressive increase in landfill tax rate and the phasing out of landfill tax exemptions were the results of the government concluding that support for contaminated land clean-up would occur more effectively through enhanced corporation tax incentives.

The main tax relief available for the remediation of contaminated land includes 100% corporation tax relief (known as land remediation relief) on cleaning up contaminated land and on specific clean-up works on derelict land. A further 50% is available for qualifying expenditure incurred by companies in cleaning up land acquired from a third party in a contaminated state. Corporation tax currently stands at 20% in 2016. Careful planning to maximise this relief can improve the margins and viability of individual brownfield development projects.

How RSK can helpEnvironment Analyst ranked RSK the top contaminated land and remediation consultancy in its 2017 Market Assessment Report. With its wealth of in-house expertise, RSK can rapidly assess existing site investigation data at the pre-acquisition stage to provide developer clients with an informed opinion on the probable remediation strategy for a specific site and budget costs. If existing data are unavailable, we will design and conduct a cost-effective site investigation to enable us to provide an informed advice to clients at the pre-acquisition or design stages.

RSK offers a cost-effective, cradle-to-grave brownfield redevelopment service that is tailored to individual site conditions. We handle everything in-house. We have our own drilling fleet, a remediation contracting arm and access to auxiliary environmental support services ranging from full environmental impact assessment to construction, design and management (CDM) coordination.

RSK is one of the few companies that can design a project-specific remediation solution; pilot test, install and operate it on-site using its own specialist plant and equipment; and manage every aspect of the operation through to full site clean-up. Our innovative in situ and ex situ remediation methods have already proved to be cheaper and quicker than the landfill disposal route on numerous major developments. We have also developed close working relationships with several of the UK’s major remediation contractors, which, in addition to the ex situ treatment of soil, specialise in site enabling works, including bulk earthworks.

For more information on RSK’s brownfield services, please see our ‘Maximising the value of brownfield developments’ brochure.

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ENVIRONMENTAL PERMITTING

What do I need to know? On 6 April 2010, the Environmental Permitting (England & Wales) Regulations 2010 came into force and replaced the 2007 regulations.

The main change affecting the storage, reuse and import of soil on development sites was the removal or tightening of the main exemptions from waste management licensing that applied previously. The former exemptions (mainly under paragraphs 9 and 19) were the main vehicles that enabled developers to excavate and redeposit soil (contaminated or otherwise) without needing to apply for a waste management licence.

These exemptions have now been replaced by the need to apply for a standard permit or, in some cases, a bespoke permit. In both cases, application fees and annual charges apply, and the surrender of the permit must be obtained from the Environment Agency on completion.

Some exemptions remain, however. These cover, for example, the reuse of certain types of construction waste and the import of soil for landscaping purposes. Registering an application for these exemptions with the Environment Agency is straightforward and does not involve a fee.

Where a paragraph 9 or 19 exemption may have been previously obtained for the excavation and reuse or import of suitable soil, an alternative route now exists. This results from the Environment Agency’s redefinition of its position on the waste status of excavated soil on development sites. By following a voluntary industry code of practice (CoP) (see overleaf for further details), there is now a clear alternative to the need to apply for an environmental permit.

The Waste (England and Wales) Regulations 2011 (as amended in 2012) implement the requirements of the revised Waste Framework Directive. This includes the requirement that anyone who produces, collects, transports, recovers or disposes of waste must implement the waste hierarchy, which is, in preferential order, prevention, reuse, recycling, recovery and disposal.

How RSK can helpRSK advises its clients on the status of proposed site operations involving the reuse of soil or other construction wastes in the context of the Environmental Permitting Regulations. Where appropriate, we will make the necessary application for an exemption, for example, for the reuse of road planings or crushed brick waste, or prepare a materials management plan (MMP) for the development (see overleaf).

Our key strength in this area is to help our clients understand how best to manage all the potential waste streams associated with development. Our aim is to provide sound, pragmatic advice to our clients that will enable them to maximise the reuse of soil and other construction materials, and to minimise the off-site disposal of waste while remaining compliant with the relevant regulations.

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TAKING AN INTEGRATED APPROACH WILL OFFER SIGNIFICANT POTENTIAL COST SAVINGS ON WASTE DISPOSAL AND THE IMPORTATION OF CLEAN FILL.

What do I need to know? Until 2008, any soil excavated from a site, whether green- or brownfield, and including materials arising from simple site reprofiling exercises, was classifiable as waste under the definition of waste given in the Waste Framework Directive.

In October 2008, CL:AIRE (Contaminated Land Applications in Real Environments), an industry-sponsored forum, launched the Definition of Waste: Development Industry Code of Practice in conjunction with a new position statement from the Environment Agency. The voluntary CoP included four key principles, which, if satisfactorily demonstrated, enabled the reuse of suitable contaminated soil and uncontaminated natural soil as non-waste without the fear of possible enforcement action by the Environment Agency. In addition, the CoP introduced the concept of cluster sites, whereby a hub site could act as the central treatment site for soil from several development sites in a defined cluster.

Uptake of the CoP by developers was slow initially but has been gaining momentum. Its successful implementation by industry has

DEFINITION OF WASTE AND REUSE OF SOIL

resulted in continued backing from the Environment Agency, which led to the launch of the second version of the CoP in March 2011. As well as the reuse of soil on the site of origin, this latest version now enables the transfer of clean topsoil, subsoil and natural excavated soil from the site of origin to other receiving sites.

Currently, the transfer of contaminated soil from one site to another can only take place via a hub treatment site, although it is hoped that the direct transfer of contaminated soil without treatment may become a reality.

Implementing the CoP on a project is straightforward and involves the preparation of an MMP and the signing of a declaration by a qualified person, which are then submitted to the Environment Agency via CL:AIRE. The MMP should include a detailed tracking system for the movement of materials on- and off-site that must be followed during the works. On completion of the works, the final verification report should summarise details of the movements.

This latest version of the CoP provides developers with the opportunity to evaluate, plan and integrate the materials balances of several sites in a region, or even between regions, instead of considering sites in isolation. Taking an integrated approach will offer significant potential cost savings on waste disposal and the importation of clean fill.

How RSK can helpAs well as being involved from the outset in the debate concerning the definition of waste, RSK has been represented on the steering committee responsible for producing both the original and the second versions of the CoP.

RSK is the only organisation apart from CL:AIRE to have obtained Environment Agency accreditation for a qualified-person training course and has about 20 in-house qualified persons. We have prepared, implemented and signed qualified person declarations for MMPs on brownfield remediation projects for national house builders, brownfield regeneration companies and a regional park authority: the projects have ranged in value from less than £100,000 to more than £5 million.

Since the revised CoP’s publication at the end of March 2011, RSK has prepared many MMPs in accordance with it, including the direct transfer of soil between sites.

RSK can also deliver training seminars on the implementation and benefits of the CoP that provide developers with the knowledge they require to ensure that all activities involving the reuse and transfer of soil are undertaken legally.

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PRETREATMENT REQUIREMENT FOR ALL NON-INERT WASTE

What do I need to know?Following the UK’s implementation of the landfill directive in October 2007, all non-inert spoil, regardless of its status as non-hazardous or hazardous waste, must undergo pretreatment before being sent to landfill.

Hauliers are now required to include pretreatment details in their waste transfer notes or risk load rejection by the receiving tip. This procedure was further intended to reduce the amount of spoil going to landfill without any segregation and encourage the reuse of treated soil on-site. In this context, treatment should involve sorting at the point of excavation or screening of excavated material as a minimum activity.

Consequently, unplanned projects lacking advance testing or assessments may suffer cost and time delays.

How RSK can helpDuring the development of the remediation strategy and the MMP, if appropriate, RSK will identify all the opportunities for the recovery and reuse of materials on-site. We approach this task with the objective of ensuring that only materials that are unsuitable or surplus to the development’s requirements will be removed from site following appropriate treatment to recover reusable materials or reduce the hazardous properties and, therefore, the disposal cost of the waste.

Where landfill disposal remains the only option, RSK can assist with the classification of the waste stream based on the existing site investigation date or, if appropriate, by undertaking waste acceptance testing at its in-house chemical laboratory.

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PRODUCTION OF RECYCLED AGGREGATES FROM DEMOLITION WASTE

What do I need to know?The WRAP quality protocols outline processes by which demolition waste can be recovered, thereby removing the need to apply the standard waste regulatory regime. A variety of protocols are available, with the most relevant to developers being the ‘Quality Protocol for the Production of Aggregates from Inert Waste’ and ‘Quality Protocol for Gypsum from Waste Plasterboard’.

The Quality Protocol for the production of aggregates from inert waste has been in place since 2004 and deals with the production of aggregates from inert construction, demolition and excavation waste. Checklists and guidance documents have been published to help those producing and procuring recycled aggregates to comply with the protocol, provide an industry benchmark for recycled aggregate production and demonstrate the point at which a product may cease to be controlled waste.

The Quality Protocol for gypsum derived from waste plasterboard provides a specification for producing grades of recycled gypsum of consistent and verifiable quality from waste plasterboard. Minimum requirements are set for the production of recycled gypsum from waste plasterboard that cover the selection, receipt and handling of input materials; the specifications of product grades; and the storage, labelling, dispatch and traceability of the products.

How RSK can helpRSK can help maintain compliance with the quality protocols through its detailed understanding of the process and project experience. Using the protocols avoids the need to get involved in some of the more complex aspects of waste regulatory requirements. We can offer as much or as little assistance as you require in fulfilling the requirements of the quality protocols and in identifying the most economically advantageous and legally compliant solution for your project.

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What do I need to know?Since December 2013, it has no longer been a legal requirement to produce a site waste management plan (SWMP). Despite the removal of the regulations, SWMPs remain useful tools for developers to consider the wastes to be produced by a project and how best to manage them, thereby fulfilling the duty to apply the waste hierarchy.

For projects being completed under a BREEAM scheme, SWMPs continue to qualify for waste credits that contribute to a project’s overall total score. SWMPs may also be conditioned under a project’s planning consent to enable planning authorities to continue to ensure that construction and demolition wastes are well managed in their area. The SWMPs provide a structure for systematic waste management at all stages of a project’s delivery. The driving force behind these plans was to promote an attitudinal change across the industry and greater resource efficiency through identifying waste streams and implementing appropriate mitigation measures.

One of the waste streams considered in the SWMP is the surplus spoil arisings (contaminated or uncontaminated). Where the development industry CoP is being followed, the MMP forms an integral part of the SWMP.

SITE WASTE MANAGEMENT PLANS

How RSK can helpWe have created a user-friendly and legally compliant template that transforms the SWMP process into a routine procedure rather than a time-consuming headache. We can either fill it in for you or provide focused training to ensure that you can complete the task in-house.

Our consultants are experts in

n documenting how much waste you produce

n identifying project-generated waste and devising optimised minimisation measures

n pinpointing recycling opportunities.

Our credentials for assisting developers to overcome waste management issues are extensive:

Environment Analyst ranked RSK the number one contaminated land/remediation consultancy in its 2017 market insight report.

We have comprehensive and convenient UK-wide coverage.

We are committed to helping the development sector to minimise the impacts of waste legislation by lobbying at many levels.

RSK senior employees were instrumental on the Cabinet-Office established remediation licence task force. Senior staff also sit on the National Brownfield Forum and the CL:AIRE-sponsored forum dealing with the definition of waste.

RSK, which includes subsidiaries RemedX and Structural Soils, is one of the UK’s largest brownfield solution providers.

RSK has 8 employees who are specialists in land condition (SiLC), the most rigorous qualification pertaining to contaminated land, and about 20 employees who are qualified persons under the Development Industry Code of Practice.

WHY RSK?

RSK developed the land acquisition and development procedures that were adopted by the National House-Building Council to support its land quality initiative.

Our innovative approach to brownfield redevelopment has been recognised on numerous occasions at the Brownfield Briefing Awards, the UK’s premier contaminated land awards. In 2012, we were highly commended in the Best Scoping or Operation of a Site Investigation category; in 2011, we won the Best Public Participation award for our St Mary’s Park remediation project; and in 2010, we won Best Conceptual Design for our work on ground gas assessment.

We sit on several Construction Industry Research and Information Association steering groups and its sustainability panel.

For more information on our brownfield redevelopment expertise, visit www.rsk.co.uk/item/33-brownfield-development-and-contaminated-land.html

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OUR CREDENTIALS FOR ASSISTING DEVELOPERS TO OVERCOME WASTE MANAGEMENT ISSUES ARE EXTENSIVE

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For further information, please contact

RSK: Spring Lodge, 172 Chester Road, Helsby, Cheshire WA6 0AR Tel: +44 (0)1928 726006 ·Email: communications@rsk.co.uk

www.rsk.co.uk