The Site Waste Management Plans Regulations 2008
| Year | 2008 |
2008 No. 314
Environmental PROTECTION, england
The Site Waste Management Plans Regulations 2008
Made 8th February 2008
Laid before Parliament 15th February 2008
Coming into force 6th April 2008
The Secretary of State, in exercise of the powers conferred by section 54 of the Clean Neighbourhoods and Environment Act 20051, makes the following Regulations:
Citation, application and commencement
1. These Regulations may be cited as the Site Waste Management Plans Regulations 2008; they apply in England and come into force on 6th April 2008.
Interpretation
2. In these Regulations—
“client” means a person who in the course of business—
(a) seeks or accepts the services of another which may be used in the carrying out of a project for that person; or
(b) carries out a project on their own behalf;
“construction site” includes any place where construction work is being carried out or to which the workers have access, but does not include a workplace within it which is set aside for purposes other than construction work;
“construction work” means the carrying out of any building, civil engineering or engineering construction work and includes—
(a) the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure;
(b) the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation, and the clearance or preparation of the site or structure for use or occupation at its conclusion;
(c) the assembly on site of prefabricated elements to form a structure or the disassembly on site of prefabricated elements which, immediately before such disassembly, formed a structure;
(d) the removal of a structure or of any product or waste resulting from demolition or dismantling of a structure or from disassembly of prefabricated elements which immediately before such disassembly formed such a structure; and
(e) the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,
but does not include the exploration for or extraction of mineral resources or preparatory activities carried out at a place where such exploration or extraction is carried out;
“principal contractor” means the principal contractor appointed under regulation 4;
“project” means a project that includes or is intended to include construction work and includes all planning, design, management or other work involved in a project until the end of the construction phase.
Exemptions
3. These Regulations do not apply to a project relating to a Part A installation as defined in the Environmental Permitting (England and Wales) Regulations 20072.
Appointment of principal contractor
4.—(1) A client who intends to use one or more contractors for any project to which these Regulations apply must appoint a contractor as the principal contractor.
(2) If a client does not use a contractor, all obligations placed on the principal contractor under these Regulations must be carried out by the client.
Preparation of a site waste management plan
5.—(1) Any client who intends to carry out a project on any one construction site with an estimated cost greater than £300,000 excluding VAT must prepare a site waste management plan conforming to these Regulations before construction work begins.
(2) For these purposes the cost is the price in the accepted tender or, if there is no tender, the cost of labour, plant and materials, overheads and profit.
(3) If such project is started without a site waste management plan, the client and the principal contractor are both guilty of an offence.
Requirements for a site waste management plan
6.—(1) A site waste management plan must identify—
(a)
(a) the client;
(b)
(b) the principal contractor; and
(c)
(c) the person who drafted it.
(2) It must describe the construction work proposed, including—
(a)
(a) the location of the site; and
(b)
(b) the estimated cost of the project.
(3) It must record any decision taken before the site waste management plan was drafted on the nature of the project, its design, construction method or materials employed in order to minimise the quantity of waste produced on site.
(4) It must—
(a)
(a) describe each waste type expected to be produced in the course of the project;
(b)
(b) estimate the quantity of each different waste type expected to be produced; and
(c)
(c) identify the waste management action proposed for each different waste type, including re-using, recycling, recovery and disposal.
(5) It must contain a declaration that the client and the principal contractor will take all reasonable steps to ensure that—
(a)
(a) all waste from the site is dealt with in accordance with the waste duty of care in section 34 of the Environmental Protection Act 19903and the Environmental Protection (Duty of Care) Regulations 19914; and
(b)
(b) materials will be handled efficiently and waste managed appropriately.
Updating a site waste management plan for a project of £500,000 or less
7.—(1) If the project has an estimated cost of £500,000 or less, whenever waste is removed from the site the principal contractor must record on the site waste management plan—
(a)
(a) the identity of the person removing the waste;
(b)
(b) the types of waste removed; and
(c)
(c) the site that the waste is being taken to.
(2) Within three months of the work being completed the principal contractor must add to the plan—
(a)
(a) 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 in accordance with this regulation; and
(b)
(b) an explanation of any deviation from the plan.
(3) Failure to comply with this regulation is an offence.
Updating a site waste management plan for a project worth more than £500,000
8.—(1) If the project has an estimated cost greater than £500,000 the principal contractor must update the site waste management plan in accordance with this regulation.
(2) When any waste is removed the principal contractor must record on the plan—
(a)
(a) the identity of the person removing the waste;
(b)
(b) the waste carrier registration number of the carrier;
(c)
(c) a copy of, or reference to, the written description of the waste required by section 34 of the Environmental Protection Act 1990; and
(d)
(d) the site that the waste is being taken to and whether the operator of that site holds a permit under the Environmental Permitting (England and Wales) Regulations 2007 or is registered under those Regulations as a waste operation exempt from the need for such a permit.
(3) As often as necessary to ensure that the plan accurately reflects the progress of the project, and in any event not less than every six months, the principal contractor must—
(a)
(a) review the plan;
(b)
(b) record the types and quantities of waste produced;
(c)
(c) record the types and quantities of waste that have been—
(i) re-used (and whether this was on or off site);
(ii) recycled (and whether this was on or off site);
(iii) sent for another form of recovery (and whether this was on or off site);
(iv) sent...
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