Waste Issues in the Construction Industry

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• Waste Issues in the Construction Industry

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Topics to be covered...

• Main legislative considerations
• Common problems and example waste streams
• What you can do
• Guidance available

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UK Annual Waste Arising by Sector
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Waste Hierarchy

• Reduce the amount of waste produced
• Make the best use of the waste that is produced
• Minimise the risks of immediate and future
  pollution and harm
• Increase the proportion of waste managed by
  options towards the top of the waste hierarchy.
• BPEO - Best practicable Environmental Option

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Main legislative considerations for the
construction industry - waste

• Duty of Care
• Registration of Waste Carriers
• Waste Management Licensing
• Relevant exemptions
• Hazardous Waste Regulations

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Waste or not?

• Problems arise when people incorrectly assume
  that materials they are handling are not waste.
• Questions that need to be asked
• Has the object been discarded by its holder? If
  so - waste!
• Has the object been discarded so that it is no
  longer part of the normal commercial cycle or
  chain of utility? If so - waste!

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Waste or not?

• Can it be sold or given away in its present form
  in the same way as any other raw material without
  being subjected to a specialised recovery
  operation i.e crushing? not waste!
• Just because something can be used for something
  else i.e. recycled aggregate does not mean that
  it is not waste.
• If something is a waste there are implications
  for those activities involving the its use,
  transport, transfer and subsequent disposal
  under Duty of Care.

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EPA 1990 s.34 - Duty of Care

• A legal duty of care is imposed on anyone -
  producers, brokers, carriers and disposers - to
  ensure that
• waste is not illegally disposed of or dealt with
  without a licence or in breach of a licence or in
  any way that causes pollution or harm

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EPA 1990 s.34 - Duty of Care

• waste does not escape from a persons control
• waste is transferred only to an authorised person
  i.e. registered waste carrier
• when transferred, it is accompanied by a full
  written description - a transfer note

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Registration of Waste Carriers

• You dont need to be registered as a carrier if
  you are
• A householder carrying your own waste
• A charity
• A voluntary organisation
• Only transporting waste which you have produced
  (except construction and demolition waste)

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Waste Management Licensing Regulations 1994

• The deposit, keeping, treatment or disposal of
  controlled waste requires a waste management
  licence.
• There are certain exempt activities relating to
  activities involving
• Recovery or reuse of construction soil
  materials
• Waste for construction purposes

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WMLR continued...

• Crushing or grinding bricks concrete
• Burning waste in the open at the site of
  production
• (beware EPA Part III (statutory nuisance), and
  s.2 Clean Air Act 1993)

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Exemptions from Licensing

• There are 46 exemptions from waste licensing.
• These relate to specific wastes and activities
  and have conditions attached i.e.
• Only a small quantity of waste is dealt with
• Waste is going for recovery or reuse or
• Certain precautions are taken

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Exemptions from Waste Management Licensing

• Chargeable exemptions were introduced from July
  05. (Cost approx 550)
• Most exempt activities require registration with
  the Environment Agency - failure to register is
  an offence

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Some relevant exemptions

• Paragraph 7a Spreading waste to land
• Paragraph 9a Land reclamation
• Paragraph 13 Construction and soil
  materials
• Paragraph 19a Waste for construction
• Paragraph 24 Crushing, grinding or size
  reduction of bricks, tiles or concrete
• chargeable

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The Hazardous Waste (England and Wales)
Regulations 2005

• Changes to the way waste is classified - means
  more wastes are now deemed as hazardous.
• Waste streams now have to be handled differently
• In most cases premises must be registered with
  Agency to consign hazardous waste
• Examples plasterboard (due to gypsum content),
  oils, contaminated soils etc

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Contaminated Land (England) Regulations 2000

• EA and LA joint regulators (LA take lead)
• LA inspects potentially contaminated sites and
  prioritise according to risk
• EA may serve remediation notices for clean up

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Contaminated Land (England) Regulations 2000

• Contaminated soils are often hazardous but not
  always!
• You must ensure that the waste is correctly
  classified (using WM2)
• It is illegal to consign non hazardous wastes as
  hazardous and vice versa

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Common problems

• Fly-tipping (illegal dumping) Majority of
  fly-tipping involves waste soils, builders rubble
  and other construction demolition wastes.
• Illegal deposit i.e depositing waste materials
  e.g. soils, on land that does not hold the
  relevant authorisation i.e waste management
  licence or exemption
• Waste incorrectly classified and therefore
  disposed of incorrectly / illegally

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Example waste stream - contaminated soil

• Levels of contamination can vary greatly over
  short distances
• May or may not be hazardous assessed against
  hazard criteria e.g
• H3-A, highly flammable
• H4, irritant
• H5, harmful
• H6, toxic
• H8, corrosive

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Example waste stream - asbestos

• All forms of asbestos are hazardous waste and
  therefore require consignment
• The Hazardous Waste Regulations apply to hazard
  and not to risk, therefore the ability of the
  waste to release fibres is irrelevant

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So

• What can you do?

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Action Plan - Stages

• Ideally, included in construction plan
• Initial review - identify costs
• Evaluation of significance and priorities
• Waste audits and mass balance
• Energy audits energy efficiency evaluation
• Goals target setting
• Review for improvement

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Imported Earthworks

• Test to demonstrate source approval and at
  delivery before inclusion
• If waste, ensure appropriate authorisation in
  place before deposit
• Place in suitable weather
• Surplus material to adjacent projects if
  possible, or landscaping
• If tested unacceptable, examine alternative uses
  such as landscaping

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Road construction

• Typical blacktop, sub-base, capping, bulk-fill
• Higher levels are progressively more expensive
• Ensure lower levels are not too low -
• double-check setting out and levels
• Practice good stock control - do not over order
• Blacktop material quality is ensured by using
  approved suppliers, sampling and testing during
  laying, and placing in suitable weather

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Paving Structural Concrete

• Quality achieved through approved suppliers and
  mixes
• Sample test before placing
• Properly protect maintain during curing
• Returning surplus that cannot be readily used
  elsewhere on site (e.g. maintenance of site haul
  roads)
• Use tested samples and surplus from bored pilings
  on site haul roads

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Miscellaneous

• Minimise reinforcement steel waste by -
• Using approved suppliers
• Ordering pre-formed bars
• Ensure good stock control so that correct bars
  are used on appropriate structures
• Recycle trimmed bar if sufficient quantity

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Miscellaneous

• Timber formwork may be reused a limited no. of
  times
• but remember Zemdrain permeable formwork has a
  high pH so must be landfilled

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Opportunities for Contractors

• Work towards minimising waste within the context
  of existing building/design
• Identify and monitor waste costs
• Where the designer has specified materials,
  source the most cost-effective compliant material
  (not necessarily virgin product)
• Build it right first time!

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Constraints Contingency

• Expect the unexpected
• Willingness to review guideline specifications
• Construction trials can prove feasibility of
  critical or non-standard processes
• Flexible contract arrangements allow for design
  changes or improvement trials to minimise waste

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Essential to Success

• Commitment at all levels
• Determine individual responsibility to promote
  ownership
• Communication
• Allow sufficient resources
• Regular progress reviews

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Why bother?

• Legislative instruments increasingly rigorous
• Non compliance demonstrates poor environmental
  performance very publicly
• Legislative register is integral to Environmental
  Management System (EMS)
• Disposal costs will continue to rise
• (e.g. Landfill Tax)

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The real benefits

• Improves environmental performance
• Reduces costs, maximises profits
• Competitive advantage
• Improves company image

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Guidance

• Agency website www.environment-agency.gov.uk
• Has links to
• Duty of Care guidance
• Hazardous waste guidance
• Waste management licensing and exemptions
• PPGs (Pollution Prevention Guidelines)
• Other sources of help
• Envirowise

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NetRegs
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• Thank you