Introduction
Since 6 April 2008, Site Waste Management Plans (SWMPs) have been compulsory in England for all construction projects on one site with an estimated cost greater than £300,000.
For projects above £500,000, a more detailed SWMP will be required. Both documents are available using the links at the end of this article.
This article is in two parts. This first part introduces the legal requirements, exclusions, when one is required, what happens once the project is completed and so on. The second article sets out all information relating to the document itself – who must draw it, who must complete it, how and so on.
This article will be useful reading for all constructions industry workers including projects clients, planners, developers, contractors and those procuring materials for construction projects in England.
Why more regulation?
The regulations aim to make the construction industry more sustainable by enduring that those in charge of the development are made aware of the waste being produced so that it can be reduced. Creative ways to reduce waste may also reduce costs.
SWMPs may also make tracking waste more straightforward as a log will be kept. This will aid compliance with the waste duty of care and reduce the risk of fly-tipping.
Who has overall responsibility for the SWMP?
Depending on the stage of the project, either the client or the principal contractor will have overall responsibility for the SWMP.
Do SWMPs apply to all demolition and excavation work?
Yes, all work (apart from the exceptions below), including preparatory work such as demolition and excavation, civil engineering and engineering projects as well as projects involving the maintenance, alteration and decoration of existing structures. The installation, maintenance or removal of all related services such as electrical, gas, water, sewage and telecommunications should also be included.
Exclusions
The SWMP Regulations do not apply to construction works taking place at a Part A installation under the Environmental Permitting (England and Wales) Regulations 2007 since these sites must already meet pollution prevention controls that include waste minimisation.
Where a nuclear licensed site has an Integrated Waste Strategy (IWS) in place that includes waste from construction activities, a separate SWMP is not required, provided that all the obligations set out in the SWMP Regulations are included in the strategy.
Types of waste
‘Waste’ is “..any substance or object…which the holder discards or intends or is required to discard”. All waste that falls within the scope of this definition should be recorded in the plan.
“Holder” means “the producer of the waste or the natural or legal person who is in possession of it” – the client or principal contractor.
As a minimum, you will need to classify any waste produced on the site as either inert, non-hazardous, or hazardous2.
Hazardous waste
If the construction project is producing hazardous waste, before allowing any waste to be removed you must first notify the Environment Agency that you are a hazardous waste producer. During the construction phase you must update the plan as waste is disposed of, re-used, recycled, or otherwise recovered. The SWMP therefore becomes a ‘living’ document that describes the current state of progress against the waste management forecasts contained in the plan.
When waste is removed from the site you must show in the SWMP that you are complying with the waste management licensing, waste duty of care and waste carrier registration regimes. The duty of care requires you to:
- take care of your waste while it is in your control;
- check that the person to whom you give your waste is authorised to receive it;
- complete, exchange and keep waste transfer notes when the waste is handed over; and
- take all reasonable steps to prevent unauthorised handling or disposal by others.
For higher cost projects, all registration and waste transfer documents should be kept in the SWMP or referenced in the plan.
Persons authorised to remove or receive waste may include council waste collectors, registered waste carriers, holders of a waste management licence or pollution prevention and control permit or holders of an exemption from the need for such a licence or permit. Checks should be carried out on sub-contractors before they come on-site to ensure they are legally compliant.
What if I estimate the cost will be £299.00?
The cost of the construction project is the price agreed by the contractor and the client in the accepted tender. If there is no tender, the cost must include labour, plant and materials, overheads and profit, but VAT is excluded. Standard costs for these different elements are readily available from sources such as the British Cost Information Service (BCIS). Since the plan must be in place before work begins, if the cost of the project is less than £300,000 at the start, but subsequently increases, there is no legal requirement to produce one retrospectively. Of course there is little point in being untruthful as the penalties are strict.
However, as a tool for minimising waste and ensuring compliance with the waste controls, construction companies may find it helpful to use the SWMP process to manage later changes to the project, especially where this affects the use of materials or handling of waste on-site.
What to do next
The plan must be implemented and then updated as construction proceeds, with a greater level of detail for projects that cost more than £500,000. All waste transactions must be recorded or referenced in the plan to prevent fly-tipping. Finally, once the project is completed, the plan should be reviewed and must record the reason for any deviation from the planned arrangements.
What to record: Projects between £300,000 and £500,000
Whenever waste is removed from the site the principal contractor must record on the plan:
- the identity of the person, or company removing the waste;
- the type of waste; and
- the site to which it is being taken.
What to record: Projects over £500,000
For higher cost projects, whenever waste is removed from the site the principal contractor must record on the plan:
- the identity of the person removing the waste;
- the waste carrier registration number of the waste carrier; and
- a copy of, or reference to, the written description of the waste;
- the site that the waste is being taken to; and
- whether it is a licensed or exempt site must also be recorded.
The written description will either be a waste transfer note or for hazardous waste, a hazardous waste consignment note.
Once the project is completed
At completion, the SWMP reconcile the SWMP against what was planned before work began. Regular updating during the construction phase should make this a relatively straightforward process. This final review will allow you to identify where forecasts were exceeded or missed, and to learn for the next project.
For projects between £300,000 and £500,000
The following information must be added within three months of the work being completed:
- confirmation that the SWMP has been monitored on a regular basis to ensure that work is progressing according to the plan and that the plan was updated appropriately; and
- an explanation of any differences between the first draft of the SWMP and actual performance.
For projects over £500,000
As well as the information above, an estimate of the cost savings that have been achieved by completing and implementing a SWMP must be added within three months of the work being completed.
How to store SWMPs
You must keep your SWMP somewhere where it is accessible by anyone carrying out a regulatory compliance check.
During construction you must keep the SWMP at the site office, or where there is no site office, at an appropriate place on the construction site. You must ensure that every contractor knows where it is kept and must make it available to any contractor carrying out work described in the plan.
You must keep the SWMP for two years after completion of the project at the principal place of business or the site of the project.
Who is responsible for enforcement?
Enforcement powers are given to local authorities (this includes Waste Disposal Authorities, Waste Collection Authorities and Waste Planning Authorities) and the Environment Agency. These bodies already have a range of powers available to help tackle the illegal disposal of waste, therefore, SWMPs should be added to existing local enforcement strategies as an additional tool for dealing with fly tipping.
Relevant Net Lawman document templates:
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