developers BULLETIN

A Developers GuiDe to ChAnGes in the reGulAtion of ConstruCtion WAste

SEptEmbEr 2011

www.rsk.co.uk

This documenT has been prepared by rsK To inform developers of recenT changes in legislaTion perTaining To on-siTe wasTe managemenT. iT gives an overview of The changes and describes how rsK can provide specific help for each change.
For more information, please refer to the contact details on the back page or visit http://www.rsk.co.uk/services-complete-103/brownfield-development-and-contaminated-land-complete-596

Tax incenTives for The developmenT of brownfield land

What do I need to know?
The standard tonnage tax rate for landfill doubled between 2007 and 2010, and on 1 april 2011 it increased by a further 8 to 56. The tax rate will increase annually by 8 until the cost hits 80 in 2014. The Treasury has confirmed that for five years thereafter the tax will not fall below 80. exemptions from landfill tax are in the process of being phased out; only exemptions registered before november 2008 and implemented by 2010 remain accessible, and all exemptions will cease on 1 april 2012. The progressive increase in landfill tax rate and the phasing out of landfill tax exemptions were the results of the government concluding that support for contaminated land clean-up would occur more effectively through enhanced corporation tax incentives. The main tax relief available for the remediation of contaminated land includes 150% corporation tax relief (known as land remediation relief) on cleaning up contaminated land and on specific clean-up works on derelict land. it was announced in the June 2010 emergency budget that the main rate of corporation tax would be reduced by 1% a year to achieve a final rate of 24% in 2014. The first incremental change occurred on 1 april 2011 and brought the rate down to 27%. The value of land remediation relief will, therefore, decrease as the rate of corporation tax reduces. careful planning to maximise this relief can improve the margins and viability of individual brownfield development projects.

How RSK can help

with its wealth of in-house expertise, rsK can rapidly assess existing site investigation data at the pre-acquisition stage to provide developer clients with an informed opinion on the probable remediation strategy for a specific site and budget costs. if existing data are unavailable, we will design and conduct a cost-effective site investigation to enable us to provide informed advice to clients at the pre-acquisition or design stages. rsK offers a cost-effective, cradle-to-grave brownfield redevelopment service that is tailored to individual site conditions. we handle everything in-house. we have our own drilling fleet, a remediation contracting arm and access to auxiliary environmental support services ranging from full environmental impact assessment to construction, design and management (cdm) coordination. rsK is one of the few companies that can design a project-specific remediation solution; pilot test, install and operate it on-site using its own specialist plant and equipment; and manage every aspect of the operation through to full site clean-up. our innovative in situ and ex situ remediation methods have already proved to be cheaper and quicker than the landfill disposal route on numerous major developments. we have also developed close working relationships with several of the uKs major remediation contractors, which, in addition to the ex situ treatment of soils, specialise in site enabling works, including bulk earthworks.

environmenTal permiTTing
What do I need to know?
on 6 april 2010, the environmental permitting (england & wales) regulations 2010 came into force and replaced the 2007 regulations. The main change affecting the storage, reuse and import of soils on development sites was the removal or tightening of the main exemptions from waste management licensing that applied previously. The former exemptions (mainly under paragraphs 9 and 19) were the main vehicles that enabled developers to excavate and redeposit soils (contaminated or otherwise) without needing to apply for a waste management licence. These exemptions have now been replaced by the need to apply for a standard permit or, in some cases, a bespoke permit. in both cases, application fees and annual charges apply, and the surrender of the permit must be obtained from the environment agency on completion. some exemptions remain, however. These cover, for example, the reuse of certain types of construction waste and the import of soils for landscaping purposes. registering an application for these exemptions with the environment agency is straightforward and does not involve a fee. where a paragraph 9 or 19 exemption may have been previously obtained for the excavation and reuse or import of suitable soils an alternative route now exists, which results from the environment agencys redefinition of its position on the waste status of excavated soils on development sites. by following a voluntary industry code of practice (cop) (see below for further details), there is now a clear alternative to the need to apply for an environmental permit.

How RSK can help

rsK provides its clients with advice on the status of proposed site operations involving the reuse of soils or other construction wastes in the context of the environmental permitting regulations. where appropriate, we will make the necessary application for an exemption, for example, for the reuse of road planings or crushed brick waste, or prepare a materials management plan (mmp) for the development (see below). our key strength in this area is to help our clients understand how best to manage all the potential waste streams associated with development. our aim is to provide sound, pragmatic advice to our clients that will enable them to both maximise the reuse of soils and other construction materials, and minimise the off-site disposal of waste while remaining compliant with the relevant regulations.

definiTion of wasTe and reuse of soil

What do I need to know?
until 2008, any soil excavated from a site, whether green- or brownfield, and including materials arising from simple site reprofiling exercises, was classifiable as waste under the definition of waste given in the waste framework directive. in october 2008, cl:aire (contaminated land applications in real environments), an industry sponsored forum, launched the definition of waste: development industry code of practice in conjunction with a new position statement published by the environment agency. The voluntary cop included four key principles, which, if satisfactorily demonstrated, enabled the reuse of suitable contaminated soils and uncontaminated natural soils as non-waste without the fear of possible enforcement action by the environment agency. in addition, the cop introduced the concept of cluster sites, whereby a hub site could act as the central treatment site for soils from several development sites in a defined cluster. uptake of the cop by developers was slow initially but has been gaining momentum. its successful implementation by industry has resulted in continued backing from the environment agency, which led to the launch of the second version of the cop in march 2011. as well as the reuse of soils on the site of origin, this latest version now enables the transfer of clean topsoil, subsoil and natural excavated soils from the site of origin to other receiving sites. currently, the transfer of contaminated soils from one site to another can only take place via a hub treatment site, although it is hoped that the direct transfer of contaminated soils without treatment may become a reality in the future. implementing the cop on a project is straightforward and involves the preparation of an mmp and the signing of a declaration by a Qualified person, which are then submitted to the environment agency. The mmp should include a detailed tracking system for the movement of materials on- and off-site that must be followed during the works. on completion of the works, details of the movements are summarised in the final verification report. This latest version of the cop provides developers with the opportunity to evaluate, plan and integrate the materials balances of several sites in a region, or even between regions, instead of considering sites in isolation. Taking an integrated approach will offer significant potential cost savings on waste disposal and the importation of clean fill.

How RSK can help

as well as being involved from the outset in the debate concerning the definition of waste, rsK has been represented on the steering committee responsible for producing both the original and the second versions of the cop. rsK is the only organisation apart from cl:aire to have obtained environment agency accreditation for a qualified-person training course and has more than a dozen in-house qualified persons. we have prepared and implemented mmps on brownfield remediation projects for national house builders, brownfield regeneration companies and a regional park authority: projects have ranged in value from less than 100,000 to more than 5 million. since the revised cops publication at the end of march 2011, rsK has already prepared mmps in accordance with it, including the direct transfer of soils between sites. rsK can also deliver training seminars on the implementation and benefits of the cop that provide developers with the knowledge they require to ensure that all activities involving the reuse and transfer of soils are undertaken legally.

Taking an inTegraTed approach will offer significanT poTenTial cosT savings on wasTe disposal and The imporTaTion of clean fill.

preTreaTmenT reQuiremenT for all non-inerT wasTe

What do I need to know?
following the uKs implementation of the landfill directive in october 2007, all non-inert spoil, regardless of its status as non-hazardous or hazardous waste, must undergo pretreatment before being sent to landfill. hauliers are now required to include pretreatment details in their waste transfer notes or risk load rejection by the receiving tip. This procedure was further intended to reduce the amount of spoil going to landfill without any segregation and encourage the reuse of treated soil on-site. in this context, treatment should involve sorting at the point of excavation or screening of excavated material as a minimum activity. consequently, unplanned projects lacking advance testing or assessments may suffer cost and time delays.

How RSK can help

during the development of the remediation strategy and the mmp, if appropriate, rsK will identify all the opportunities for the recovery and reuse of materials on-site. we approach this task with the objective of ensuring that only materials that are unsuitable or surplus to the developments requirements will be removed from site following appropriate treatment to recover reusable materials or reduce the hazardous properties and, therefore, the disposal cost of the waste. where landfill disposal remains the only option, rsK can assist with the classification of the waste stream based on the existing site investigation date or, if appropriate, by undertaking waste acceptance testing at its in-house chemical laboratory.

producTion of recycled aggregaTes from demoliTion wasTe

What do I need to know?
The wrap quality protocols outline processes by which demolition waste can be recovered, thereby removing the need to apply the standard waste regulatory regime. There are a variety of protocols available: the most relevant to developers being The Quality Protocol for the Production of Aggregates from Inert Waste and Quality Protocol: Gypsum Derived from Waste Plasterboard. The Quality Protocol for the Production of Aggregates from Inert Waste has been in place since 2004 and deals with the production of aggregates from inert construction, demolition and excavation waste. checklists and guidance documents have been published to help those producing and procuring recycled aggregates to ensure compliance with the protocol, provide an industry benchmark for recycled aggregate production and demonstrate the point at which a product may cease to be controlled waste. Quality Protocol: Gypsum Derived from Waste Plasterboard provides a specification for producing grades of recycled gypsum of consistent and verifiable quality from waste plasterboard. minimum requirements are set for the production of recycled gypsum from waste plasterboard that cover the selection, receipt and handling of input materials; the specifications of product grades; and the storage, labelling, dispatch and traceability of the products.

How RSK can help

rsK can help maintain compliance with the quality protocols through its detailed understanding of the process and project experience. The use of the protocols avoids the need to get involved in some of the more complex aspects of waste regulatory requirements. we can offer as much or as little assistance as you require in fulfilling the requirements of the quality protocols and in identifying the most economically advantageous and legally compliant solution for your project.

siTe wasTe managemenT plans

What do I need to know?
since July 2008, there has been a legal requirement to produce a site waste management plan (swmp) for all construction projects costing over 300,000; for those projects costing over 500,000, a more detailed plan is required. The swmp provides a structure for systematic waste management at all stages of a projects delivery. The driving force behind swmps was to promote an attitudinal change across the industry and greater resource efficiency through identifying waste streams and implementing appropriate mitigation measures. one of the waste streams considered in the swmp is the surplus spoil arisings (contaminated or uncontaminated). where the development industry cop (see above) is being followed, the mmp forms an integral part of the swmp.

Why RSK?
our credentials for assisting developers to overcome waste management issues are extensive: we have comprehensive and convenient uK-wide coverage (see back page). we are committed to helping the development sector to minimise the impacts of waste legislation by lobbying at many levels. our senior employees were instrumental on the cabinet-office established remediation licence task force and are represented on the national brownfield forum and the cl:aire-sponsored forum dealing with the definition of waste. rsK, which includes subsidiaries remedx and structural soils, is one of the uKs largest brownfield solution providers. rsK has six employees that are specialists in land condition (silc), the most rigorous qualification pertaining to contaminated land, and more than a dozen employees who are qualified persons under the development industry code of practice. rsK developed the land acquisition and development procedures that were adopted by the national house-building council to support its land quality initiative. our innovative approach to brownfield redevelopment was recognised when we triumphed at the uKs premier contaminatedland awards ceremony, the brownfield briefing awards, in 2010 and won best conceptual design for our work relating to ground gas assessment. we sit on several construction industry research and information association steering groups and are represented on its sustainability panel. for more information on our brownfield redevelopment expertise, visit http://www.rsk.co.uk/services-complete-103/brownfielddevelopmentand- contaminated-land-complete-596; or to view videos on how remediation techniques have helped developers, go to http://www.rsk.co.uk/media-centre-complete-1123

How RSK can help

we have created a user-friendly and legally compliant template that transforms the swmp process into a routine procedure rather than a time-consuming headache. we can either fill it in for you or provide focused training to ensure that you can complete the task in-house. our consultants are experts in: documenting how much waste you produce identifying project-generated waste and devising optimised minimisation measures pinpointing recycling opportunities.

www.rsk.co.uk
For further information, please contact
rsK: spring lodge, 172 chester road, helsby, cheshire wa6 0ar Tel: +44 (0)1928 726006 email: communications@rsk.co.uk
M0171_1