Construction – New Rules on Site Waste Management

The Site Waste Management Plans Regulations 2008 came into force on 6 April 2008.

It is now illegal to begin any construction project with an estimated cost greater than £300,000 (exclusive of VAT) without first preparing a Site Waste Management Plan (SWMP). An SWMP must set out the amount and type of waste that will be produced during the course of the project, and what is proposed in terms of re-use, recycling, recovery or disposed of that waste. The SWMP must be updated during the project to record how the waste has actually been dealt with. In the case of a construction project with an estimated cost greater than £500,000 (exclusive of VAT), the SWMP must comply with more detailed requirements.

Breach of the Regulations could result in a fine not exceeding £50,000 (on conviction in a magistrates’ court) or an unlimited fine (on conviction in the Crown Court). Where an offence is committed by a company with the consent, connivance or neglect of a director or other officer, that individual will also be guilty of an offence. In addition, the Environment Agency and Trading Standards have power to levy a fixed penalty of £300 in lieu of a prosecution for failing to produce a SWMP or other record to a person charged with enforcing the Regulations.

The Waste Resource Action Programme has launched a useful free SWMP template – see
http://www.wrap.org.uk/construction/construction_waste_minimisation_and_management/swmp_templates.html.

Stop Press – Recent Developments
• The Department for Environment, Food and Rural Affairs has now published the final version of its not-statutory guidance on SWMP. The guidance includes information on how to write and implement a SWMP, how a SWMP is regulated and how to reduce costs by using a SWMP. See:
http://www.defra.gov.uk/environment/waste/topics/construction/pdf/swmp-guidance.pdf.

If you would like to know more about how the Site Waste Management Plans Regulations 2008 may impact on your business, please contact Caroline Wilton.

Filed: 23/06/2008 11:15:46