Construction and Waste Materials

Ian Walton

Senior Environment Officer

27th April 2010

• Who are the Environment Agency?

• Better Regulation.

• Illegal Waste Sites.

• Duty of Care.

• Forward Look.

We are responsible for protecting and improving the environment of England and Wales. We also have responsibility for protecting communities from the risk of flooding and managing water resources.

Who are we?

• The Environment Agency has a wide range of functions: Waste, Water, Flood Defence.

• Waste:– Environment Management Teams cover local areas and

visit regulated sites.– Environmental Crime Team are the regional lead on

intelligence led enforcement. Targets the ‘Big, Bad and Nasty’.

Better Regulation.

• Offer Advice and Guidance.• Consider environmental risk. • Do not ‘over-regulate’.• Take action against those that knowingly

offend, have no regard for the environment.

Waste from Construction Sites:

• Needs to be disposed of correctly.• Comply with ‘Duty of Care’.• Disposed of at a suitably permitted site.

Illegal Waste Sites:

• No sign on the gate.• Lots of lorries/vehicle movements.• Lack of proper infrastructure.• Evidence of pollution.

Legislation:

Environmental Protection Act 1990 Section 33 (1) (a) Depositing controlled waste on land

without an environmental permit/licence

Magistrates: Max fine £50000 or imprisonment for 12 months

Crown: Unlimited fine or imprisonment for up to 5 years

Legislation:

Environmental Permitting Regulations 2010. Regulation 38(1)(b)

Knowingly cause or knowingly permit the operation of a regulated facility or carrying on a waste operation, mining waste operation, radioactive substances activity, water discharge activity or groundwater activity, except under and to the extent authorised by an environmental permit.

Duty of Care:

• All those who produce or handle wastes from demolition, earthworks and construction activities have a legal responsibility, a Duty of Care, for its safe keeping, transport and subsequent recovery or disposal.

Waste Carrier.

Site Waste Management Plans.

– Any construction project in England costing over £300k needs a Site Waste Management Plan. Ensures that:

• Building materials are managed efficiently.• Waste is disposed of legally.• Material recycling, reuse and recovery is maximised.

Civil Sanctions:

From September 2010 the EA can issue certain civil sanctions for specific offences.

At the moment civil sanctions do not apply to offences under EPR, but this could change from as early as April 2011.

Finally…..

Other Information.

• 08708 506506

• www.environment-agency.gov.uk