‘Waste Crime’ – Conflicting Pressures on Brownfield Development
Posted on in Company News
John Davies, Remediation Director at Rhodar, explains the importance of due diligence when disposing of site waste in his most recent blog.
‘Waste Crime’ – Conflicting Pressures on Brownfield Development
Government, industry and the general public alike recognise the opportunity that redevelopment of brownfield land offers. However, reparations to a brownfield site before it can safely be built on require the management of legacy land use issues, and here there are pressures on developers to find innovative and cost effective solutions to often complex problems.
Waste crime associated with the remediation and development of brownfield sites is on the rise and a number of cases have been documented in recent months. Statutory enforcement has been brought to bear by the regulatory authorities, resulting in criminal action and substantial fines. Across the UK almost every local authority is looking at land use allocation and housing provision as a priority, and the drive to create new homes and communities will only serve to ramp up the pressure to cost effectively deliver these development targets. The increasing trend in waste crime prosecutions and enforcement under the Environmental Protection Act is likely to continue in 2019 as the pressure to build more homes grows.
The disposal of contaminated or unsuitable soils, including asbestos containing materials, needs appropriate consideration and a thorough understanding of the required approach to disposal. These methods are clearly dictated by the Waste Framework Directive, the Definition of Waste Code of Practice and updated industry guidance relating to brownfield redevelopment activities, such as CAR-SOIL (2016).
This understanding needs to extend across the sector and developers must have a robust due diligence process in place to ensure their contractors abide by the rules. As an example, in a recent case, a property management company was successfully prosecuted for duty of care offences and fined almost £20,000 after a contractor illegally dumped waste materials from their redevelopment site. In some instances, further prosecution by the HMRC may also result in the recovery of what would be unpaid landfill tax - and at £88.95 per tonne, this is where financial penalties can really escalate.
Appropriate materials management is key to avoid breaching waste licensing, especially in instances where site derived materials are selected for re-use. The Definition of Waste Code of Practice outlines six requirements that must be met if materials (that would otherwise be considered waste) are to be re-used:
• Suitability of material for intended use
• Quantity of material for use
• Certainty of material use
• Protection of human health and the environment
• Verification procedures
• Competence of contractors
In short, plan ahead, anticipate the likely waste streams arising from brownfield redevelopment, gather information to classify the materials and ensure you engage with quality contractors that have the requisite understanding of the regulatory regime and ensure waste is re-used or disposed of correctly.
For advice & guidance please contact Rhodar's Remediation Team at: remediation@rhodar.co.uk
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