Arisings generated by site levelling, foundation and basement excavations, road construction and utility service trenches etc. are considered as waste by the definition set out in the Waste Framework Directive (WFD) meaning this material must be handled in line with waste duty of care requirements and cannot legally be used again unless an environmental permit is issued, which can take several months and incur significant application costs.
The cost of off-site disposal of excavated soils and other waste arisings from brownfield sites can be prohibitive for the feasibility of a development project. A Materials Management Plan (MMP) can allow the re-use of contaminant impacted or uncontaminated soils without the requirement to go through the lengthy and costly process of obtaining an environmental permit.
The CL:AIRE Definition of Waste Code of Practice sets out four main principles for the use of materials as non-waste. The Materials Management Plan must contain sufficient information to demonstrate these requirements are met.
Protection of Human Health and protection of the Environment
Adequate assessment must be undertaken, and material that presents unacceptable risk of pollution of the environment or harm to human health it is likely to be classed as a waste, although it may be possible to treat the material to make it acceptable.
2. Suitable for use
The material must be suitable for the intended use in all respects, particularly in terms of its chemical and geotechnical properties. Excavated materials that are suitable for use without requiring treatment are unlikely to be classed as a waste. Material requiring treatment, such as to alter chemical or physical/geotechnical properties will be classed as a waste, but once treated and suitable for use, will no longer be considered waste under an approved MMP.
3. Certainty of Use
It must be demonstrated that the materials will actually be used and that the use is not just a probability, but a certainty. The DoWCoP requires this is established at the outset, meaning any material excavated and stockpiled with no pre-defined destination and use will become a waste.
4. Quantity of Material Required
Materials should only be used in the quantities necessary for that use, and no more. The use of an excessive amount of material will indicate that it is being disposed of and is waste.
If you intend to re-use site won materials on site please contact Jomas at the earliest opportunity to guide you through the legislation and MMP process.
