Consultation on Site Waste Management Plans - Response required by 14th March 2008

Dear Members

You may remember we responded to Defra on the proposed regulations for site waste management plans last year. Defra have now published the Regulations which are due to come into effect on 6th April 2008. You can view the Regulations by going to:
http://www.opsi.gov.uk/si/si2008/uksi_20080314_en_1

Perhaps more importantly, DEFRA have also published an informal consultation on non-statutory guidance to site waste management plans. This is the draft document that explains what you have to do. It can be found at:
www.defra.gov.uk/environment/waste/topics/construction/pdf/swmp-guidance.pdf


Please send comments about this document to Dr Neil Smith - nfs@soton.ac.uk by Friday 14th March 2008. A response will then be made to Defra by the 20th March 2008 deadline.

Little has changed from the consultation document issued last year. The main points to note about the Regulations and guidance are:

1. The threshold for producing a SWMP has been raised from £250k to £300k.
Again, more information is required for projects above £500k.
2. There appears to be more emphasis on starting the process of waste minimisation at the beginning of a project (pre-design stage) and then progressing opportunities throughout the project's life.
3. SWMPs should be completed 3 months after the end of a project and plans should be retained for a minimum for 2 years.
4. There's more guidance on enforcement and fines. Enforcement powers have been given to both Local Authorities and the Environment Agency. But, this should be on a risk based approach, with inspections taking place where the Authorities are already concerned about waste offences, such as fly-tipping.
Where construction companies are having difficulty with the SWMP process it appears the Authorities should help them in the first instance. Failure to improve will result in fines.
5. There are links to further information, such as Envirowise & WRAP.

The following questions have been prepared to help frame our reply to Defra on the informal consultation. Please note the consultation is on the guidance and not on the principle or detail of SWMPs.

1. Any comments on the content and format of the guidance?
2. Are you clear on what your responsibilities are for preparing a SWMP? If no, what further guidance do you require?
3. Do you think the balance between waste minimisation and legal compliance is right? If not, why not? For example, projects between £300k and £500k do not require some DoC information to be provided.
4. Are you clear on who is responsible for preparing, maintaining and completing a SWMP? If not, what further guidance do you require?
5. Are you clear on what you information you would expect to see in a SWMP (depending on the project value)? If not, what further guidance do you need?
6. What further advice/guidance would you like to see from the EAUC on SWMPs? Please note there will be workshops covering construction and waste legislation which will include SWMPs at our Annual Conference - visit http://www.eauc.org.uk/annual_conference for further details and to book.