Waste and re-use of materials

Jonathan Atkinson

Environment Agency

Overview not site specific

Hopefully will answer some questions

Clarify different regimes available

Check on some commonly used/misused terms

Help with upfront thinking on design and materials management

Reality check – who is responsible for what

Point to further guidance

Are you dealing with Waste? Some key thoughts

Are you discarding materials from your site? What is a site? Linear projects – be careful ( contracts) Do materials fall under WFD exemption for a permit? How do you assess if you have a surplus? Can you design out surpluses? – careful, if it looks like

disposal it may well be - size matters! What are materials characteristics? – even natural

materials can pose risks to receiving environments Where/how could they be used?

Materials Management Planning best practice

Planning your project upfront - MM in design phase?

Knowing your site - good SI is fundamental

What are your options – link to project design, timeframes and available sites

what materials have you actually got

Is treatment relevant, time/permits

Can treatment deliver compliant materials for re-use, or transfer off-site

effective materials tracking and verification reporting

ensuring materials being imported or re-used are fit for purpose and do not pose contamination risk

Waste or Product Recovered materials or waste fit for disposal

If you are discarding is it Recovery or Disposal of waste?

A waste operation must be classified as either recovery or disposal: it cannot be both

To carry out a Recovery of waste you must show that you are sustainably using waste instead of other non-waste material which would otherwise have been used for the particular purpose.

Under a formal Recovery operation you must show that the waste you are using is needed to replace non-waste material and you could have afforded to undertake the activity with non-waste, otherwise your use of waste will be a disposal activity and need a different permit.

Our revised approach

Deposit for Recovery - Now revised to take account for Tarmac judgment

Must show that proposal would happen with non waste (if waste could not be used)

Likely main reasons why this would happen:

1. Profit to be made by development, or assured funding (financial incentive), or

2. Operator has to do it for some other reason (obligation)

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Recovery Permits - the details matter

Making a good case – read the guidance

Is it substitution? Does the cost case stack up

Is there an obligation – key to Methly case – what does your planning require you to do rather than just allow you to do – important for infilling of quarries/habitat projects perhaps

Is there a need for works as part of some form of development

OR Is the main purpose to charge for spoil disposal with some land re-profiling?

Materials that can be re-used without the need for a waste permit

Quality protocols - Some types of waste used in construction may be covered by end-of-waste quality protocols. Where a protocol has been followed, these materials are no longer classed as waste. i.e. Aggregates protocol

Definition of Waste: Development Industry Code of Practice (DoW CoP) - The Definition of Waste: Development Industry Code of Practice (DoW CoP) is designed to allow the reuse of soil based materials in construction projects, usually for earthworks or drainage purposes

(For DoW CoP to apply you must know where the material is going to be used before it is excavated from the donor site and that it can be used at the receiving site).

The key to re-use of soils materials -

Developing an effective Materials Management Plan.

Assessing that materials are suitable for use –Appropriate SAMPLING is key

Are they required in that form /volume Certainty of use - Planning/Design Not too much, not too little! Contingency planning – don’t forget it

To discard or not to discard????

Know your materials, sampling is key, but what for?

Are you intending to re-use on site or use DoWCoP to send to receiver site before, or after treatment. Sample to assess potential re-use at relevant receiver site.

Are you needing to send off site for disposal

_ is any of the material hazardous WM3

– sample for WAC to check it can go to the right landfill

(WAC inert does not mean clean, use anywhere - it is to assess for disposal to an inert landfill or not).

Good Site Assessment – how is it done?

Not on the cheap, at last minute

Use reputable consultants/contractors following good guidance

Consider NQMS scheme for your reporting

Checks and balances:

costs vs delays,

good materials vs disposal costs

When is a permit or other mechanism relevant?

Are you discarding materials off-site to a permitted site for treatment,

or disposal, or maybe an exemption!!

---------Small amounts only, check not any hazardous – asbestos

Are you using a protocol? 2013 Aggregates protocol

Do you want to send soil materials off via DoWCoP?

-------- non clean naturally occurring made ground, or needing treatment requires a “permitted site” somewhere in the chain

--a Declaration to the Environment Agency is required prior to the excavation, use, or dispatch of materials.

--DoWCoP is based on risk assessment of materials

New Aggregates Protocol

Produced under Factory Production Control as set out in the new British Standard BS EN 16236

Conform with CE conformity marking requirements contained in the Construction Products Regulations

A definitive list of acceptable waste input materials

Good practice for the transport, storage and handling of recycled aggregates

Not for soils fractions!

Disposal,Recovery or DoWCoP?

Is your activity recovery and needs a permit, or are you seeking to re-use materials using DoWCoP?

Care is needed. DoWCoP relies on the an agreed approach to re-use using risk based judgments, so it is not necessary to demonstrate substitution (recovery test). If the operator can identify suitable materials and follow DoWCoP in full, they would not need a waste permit to deposit material at receiver area/site.

However, we should be cautious if the receiver site were charging a fee to accept the material. This may indicate that the material has been discarded as waste after all i.e. it is a burden on the producer, there is no market for it and no certainty of use. This would be a disposal site

What does DoWCoP Declaration cover?

Not excavation – planning RIP/Earthworks strategy Not permit – EA MTP for segregation, picking, screening, any

physio/chemical/bio treatment PLUS and S&S/dynamic compaction of back placed materials. Make sure Deployment plans cover it all( long term projects over 18months require a fixed site permit not MTP)

Back placement of suitable materials required for backfill under planning comprising mainly soils and stones and any crushed oversize –yes

When should Declaration be submitted, before works commence (post treatment may need to be phased – Not before excavation, before placement)

Confirm with planners AND Environment Agency so use of DoWCoP benefits development, but does not infringe waste regs.

CL:AIRE Definition of Waste Best Practice Soils Recovery

Soil and stones suitable for re-use

Doesn’t pose a risk to the environment

Doesn’t cause harm to human health

Is a key component of sustainable development

Best practice approach confirmed by Qualified Person with suitable Chartered status

Technical competence in all parties – don’t leave it to Consultant or QP!

Vs 3 – potential improvements, pitfalls and communciations!!

Separating suitable and unsuitable

Assessing waste

The procedure is laid down, if you are discarding waste you need to know what it is to enable proper transport, handling and disposal, or further treatment at permitted facilities

WM3 guidance helps you make that judgement

Other guidance is also relevant, Defra guidance on WFD.

Defra “soils in construction” guidance may help– suitable for use?

New guidance on asbestos in soils, some way there, more to come!

Discarding materials needs hazard assessment

Waste transfers -What code to use? Soils and stones? Codes in sub-chapter 19 12 of the List of Wastes and their

corresponding descriptions are commonly used to cover a very wide range of wastes. They can include manufactured soils, and other outputs from waste transfer and treatment sites, where we may not know the full provenance of the inputs to the treatment process. These outputs are of variable quality and there is a risk that they will be contaminated. They may also be mis-described. Receiver sites need to check what codes they have in their permit for these materials.

17.05.04 is for excavated soils and stones maybe segregated as dug, but they are not the code for “treated” wastes.

Re-using materials -Difficult scenarios

Empty Quarries

– could be Recovery permit, could be Disposal, rarely DoWCoP. Ask EA first Capping old Landfills - could be Recovery or DoWCoP ask EA

Developing old landfills – be very careful discuss with EHO and EA

Detailing the Regulator’s view on developing sites with existing waste deposits:

Additional materials required for permitted sites – permit variations NOT DoWCoP

Historic Landfill sites –???s - type of fill, proposed development, treatment options, hazardous waste risks, permit requirements

how should any long-term risks of deposited materials be assessed? Really important, long term environmental management jeopardises re-use of materials under DoWCoP (suitable for use)

Is it a landfill, or just made ground? Back history important. Made ground? Remember DoWCoP is for predominantly soils and stones not general fill

If Segregation required then permitting comes into play

Success likely – certainly possible, some good projects out there, BUT beware, always check with regulators in these cases – planning, EHO, EA

Key – Knowing your materials

Good sampling plan and procedures can save time and money

What are you testing for? Be clear, one size does not fit all

Know the relevant soils/materials standards you are seeking to meet

Good foreknowledge and up front planning helps manage your options and make those options wider for sustainable re-use of materials. A little spent up front can save lots later. Good SI avoids unexpected finds,(extra bunds not allowed!)

It also helps avoid pitfalls and falling foul of the law and your Duty of Care.

Are you dealing with Waste? Have you got the answers now?

Are you discarding materials from your site? Who pays who?

What is a site? Linear projects – be careful ( contracts)

Do materials fall under WFD exemption?

How do you assess if you have a surplus?

What are materials characteristics? – even natural materials can pose risks to receiving environments

Where/how are they being used?

What is the relevant regime