Site Waste Management Plans Regulations 2008
Since 6 April 2008, the 'client' must have a site waste
management plan (SWMP) for all new construction projects worth more
than £300,000 (excluding VAT). This includes any building or
'construction work', building maintenance, alteration, decoration
and demolition. The SWMP must be in place before the construction
works begin. If the site is within an environmental permit site or
nuclear licensed site with a construction waste strategy in place
then a SWMP is not needed.
The client must produce the initial SWMP before the construction
work begins. If he does not intend to manage the project himself he
must appoint a principal contractor and pass the SWMP to him. The
principal contractor must obtain any further relevant information,
update the SWMP as the project progresses, keep on site and allow
access to the SWMP and at the end of the project return the
completed SWMP back to the client, retaining a copy for
himself.
Before construction work begins, the SWMP must contain the
identity of the client, principal contractor and author of the
SWMP. It must describe the site, the estimated costs of the project
and any prior discussions regarding construction methods,
design and materials. There must be a description of the type
and quantity of waste expected to be produced and an explanation of
how each type of waste will be dealt with. It should also contain a
declaration that all reasonable steps will be taken to ensure all
waste is dealt with in Duty of Care Regulations and that all
materials will be handed efficiently and waste managed properly.
The principal contractor must update the SWMP at least every three
months during the project to include details of the types of waste
removed from the site, identity of the person who removed the waste
and where the waste was taken.
For projects estimated at over £500,000 (excluding VAT), the
SWMP should also detail the waste carrier registration number of
the person who removed the waste, the environmental permit or
exemption held by the site where the material was taken, the amount
of waste recycled and the amount taken to landfill.
The client must review the SWMP and record the reasons for any
differences between the SWMP and what actually happened. An
estimate of cost savings that were achieved by implementing the
SWMP should also be recorded. The SWMP must be kept on site for two
years after the completion of a project.
A breach of the Regulations can be punishable by an unlimited
fine. There is also a £300 fixed penalty for failure to produce a
SWMP on demand.
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Andrew Wiseman is a partner and head of the Blake Lapthorn Tarlo
Lyons' Environment team. Please contact him on 01489 555016, or
email him at andrew.wiseman@bllaw.co.uk.
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