Site Waste Management Plans
Following the introduction of the Site Waste Management Plans Regulations 2008 it is now a legal requirement for all construction projects taking place on one site which are worth over £300,000 to prepare and implement a site waste management plan (“SWMP”). The rules do not just catch construction of a new building but also apply to all projects involving preparatory works such as excavation or demolition and all projects involving the maintenance, alteration or decoration of existing structures. The SWMP looks at all stages of a project’s delivery. Given the millions of tonnes of unused building materials that are discarded as waste every year it makes sense to use these plans to try to reduce this wastage to benefit both the environment and the bottom line.
Aims of a SWMP
SWMPs aim to promote the economic use of construction materials and methods to minimise waste and to find ways to re-use, recycle or recover waste rather than dispose of it. They also aim to reduce fly-tipping by providing a full audit trail of any waste that is removed from the construction site.
Legal Duties
The SWMP must be in place before the construction works begin. It must be implemented and then updated as the project proceeds. A greater level of detail is required for projects that cost over £500,000. All waste transactions must be recorded or referenced in the SWMP.
To calculate the cost of the project to see if it is over the £300,000 limit, the price of the tender must be used or where there is no tender, the cost must include labour, plant and materials, overheads and profit but not VAT or the cost of consultants. If the cost of the project is less than £300,000 at the start but subsequently increases there is no legal requirement to do a SWMP retrospectively.
The SWMP must include the following information:
- Identity of the client, the principal contractor and the person who wrote the SWMP;
- Location of the construction site and estimated cost of the project;
- Any decisions taken before the SWMP was drafted to minimise the amount of waste produced on site;
- Describe each waste type (ie inert, non-hazardous or hazardous) expected to be produced during the project;
- For each waste type estimate the quantity of waste that will be produced;
- For each waste type identify the waste management action proposed ie re-use, recycling, recovery or disposal;
- Include a declaration that all waste produced on site is dealt with in accordance with the waste duty of care;
- Include a declaration that materials will be handled efficiently and waste managed appropriately.
During construction the principal contractor must update the SWMP as waste is disposed of, re-used or recycled so that the SWMP becomes a living document that describes what is actually happening to the waste produced on site recording the actual amount and type of waste produced and how it is used on site or removed from site. Where waste is removed from site, for projects over £300,000 the plan must state the identity of the person removing the waste, the type of waste and the location to which it is being taken. For projects over £500,000 all registration and waste transfer documents should be kept in the SWMP or referenced in it.
Once the project is completed the SWMP should be reviewed and must record the reason for any deviations from the original SWMP. For projects over £500,000 the SWMP must be updated within three months of completion of the project to record an estimate of the cost savings achieved by using a SWMP. The SWMP must be kept for two years following completion of the project at the principal place of business or the site of the project.
Penalties for not complying with the SWMP Regulations
SWMPs are enforced by local authorities and the Environment Agency. There is a stepped approach to enforcement with the ability to impose a fixed penalty notice of £300 for a first offence. Repeat or persistent offences should then be pursued through the courts where, on summary conviction an offender is liable to a fine of up to £50,000 or on conviction on indictment the fine is unlimited in amount. Where a company is found guilty of an offence, there is also personal liability for a qualified person, director, manager or secretary if it can be proved that they committed the offence.
Benefits of a SWMP
Aside from regulatory compliance the main benefit is the cost savings that planning a project in this manner can potentially bring. SWMPs are also increasingly being incorporated in environmental management systems and corporate social responsibility policies so contractors may start to find that even for projects where they are not strictly required clients may still request one. The CLG Code for Sustainable Homes includes SWMPs as a mandatory component and a rating against this code is now required for all new homes.
This article was first published in the Property Law Journal on 2 March 2009.
