November 2013
Area of discussion
1.
2.
3.
4.
5.
6.
7.
Environmental Permitting Regulations – What is Waste?
The key Criteria for materials not being waste
Environmental Permits
Environmental Permit Exemptions
WRAP Protocol – the basic principles and the importance of
evidence
CL:AIRE Code of Practice
• The basic requirements
• Material Management Plan
• EA Position Statement
Import / Re-use on Site/Export Flowcharts
What is waste?
Excavated Material generated by construction may be
waste and subject to waste regulatory controls
 If the material is to be discarded / surplus to
requirements – it’s waste
 If the material is not fit for purpose and requires
treatment to render it acceptable – it’s waste.
 Waste is waste whether it is contaminated or
inert……………

Environmental Permitting Regulations 2010
If using, treating, storing or disposing waste then
you need either:
a.
b.
an ‘environmental permit’ or;
an ‘exemption’ (if the material falls within the
criteria/limits)
Is it waste?
 The Environmental Permitting (England &
Wales) Regulations 2010 do not apply if
you can demonstrate the material is NOT
a controlled waste
Can you demonstrate it’s not waste?
3 Key Indicators
Suitable - Are not a risk to human health or
the environment
ii. Certainty of use – were they always to be used
(planning/design)
iii. Certainty of Volume – the defined amount
and no more (Designed volumes) OR
i.
Are Recycled aggregates, imported or produced
on-site manufactured in accordance with
WRAP?
Demonstrating appropriate use of waste?
Waste can only be used on the site where it
is generated or on another site if:
Environmental Permit in place of use – Authorising
use of waste – Rarely used in the Construction
Development Industry
ii. U1 Exemption in place – Exempts use of waste
iii. Is used in compliance with the CL:AIRE Code of
Practice – Demonstrates material is no longer
waste
iv. Has been manufactured in accordance with the
WRAP Protocol – Demonstrates material is no
longer waste
i.
Environmental Permits

Environmental Permits are generally required
by:
 Long Term or Static Facilities
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Waste Transfer Station
Landfills
Materials Recycling Facilities
Vehicle Storage & Dismantling
Metal Recycling
Clinical Waste Transfer Station
Incinerator Plants
Industrial/ Agricultural Water Abstraction / Discharge
 Specialist Remediation Processes
 Mobile Treatment Operations (Site specific)
Environmental Permit Exemptions
Use – (U Codes)
 Treatment – (T Codes)
 Disposal – (D Codes)
 Storage – (S Codes)

Form WEX001: Registering waste
Exemptions – Same form for Use,
Treatment, Storage, Disposal
Exemptions
• Downloaded from EA Website
• No charge for processing
• Limitations on Volumes
Exemption application form available from:
http://environment-agency.gov.uk/static/documents/Business/WEX001v02Aug10_e-form_Opt2_1.pdf
Use of Waste in Construction – U1
Limitations on Volume / Material / Time – Exemption granted for 3 year period
TABLE 1
MATERIALS
Aggregates such as:
• Mineral Waste
• Gravel/Rock
• Waste Sand
• Waste Concrete
• Track Ballast
MAX 5000T
TABLE 2
MATERIALS
Soils such as:
• Inert soils &
stones
• Dredgings not
containing
dangerous
substances
• Parks & Garden
Waste
MAX 1000T
TABLE 3
MATERIALS
Materials such as:
• Bituminous
Material (NO
COAL TAR)
• Reclaimed Subbase
MAX 50000T
U1 Exemption - Examples
Import of non-WRAP recycled inert aggregates for
construction (temporary or permanent use) (5000T
max aggregates / 50000T max recycled sub-base or
coal tar free planings)
 Transfer of surplus re-usable construction wastes to
adjacent landowner within volume limits –
application submitted in the name of the recipient

Treatment of Wastes in Construction
Applicable when not managed through CL:AIRE
Code of Practice
 T5 – Screening and blending wastes
 T7 – Treatment of waste bricks, tiles, concrete
by crushing, grinding or reducing in size

T 5 Exemption – Screening and Blending

Applied for through Environment Agency Form WEX001

Treatment using permitted equipment , includes:
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You can’t:
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Screening demolition arisings
Blending of soils to improve quality on site
Grading crushed material to meet specification
On construction site where sourced prior to re-use
On demolition site prior to transfer elsewhere
Import, treat, & send off site – Permit required
Treat waste prior to disposal – Permit required
Crush wastes (T7 Exemption)
Treat hazardous waste – Permit required
Limited to:
 50,000 tonnes bituminous mixture
 5000 tonnes other wastes
Exemptions not required if operating site under
CL:AIRE on source/reuse site
T7 Exemption – Screening and Blending

Registered through Local Authority

Includes:
 Crushing of tiles, brick & concrete @ < 20T per hour
 Limited to storage of 200T max
 On construction site where sourced prior to re-use

Mobile Plant Permits:
 Local Authority Permitted at place of business
 Local authority notification at place of temporary use
Exemptions not required if operating site under
CL:AIRE on source/reuse site
Storage of Wastes - Exemptions
S1 – Storage of Waste in secure containers
 S2 – Storage of Waste in secure loaction
 S3 – Storage of Sludge

S1 - Storage of waste in secure containers

Includes:

Waste Oils - 3m3 MAX
Paper, Card, Glass, Cans, Plastics – 400m3 MAX
At a secure location for up to 12 months MAX
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You can’t:
Treat waste
Store waste destined for disposal
Store mixed wastes
Mix Hazardous & Non-Hazardous wastes
Does not apply to segregated skips on a construction site – applies
to waste management company collecting wastes and returning
temporarily to central storage location
S2 - Storage of waste in location

Includes:
 Construction & Demolition Waste suitable for re-use without treatment
 Other wastes included on listed at: http://www.environment-
agency.gov.uk/static/documents/Business/S2_exemption.pdf
 Must be a secure location
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You can’t:
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Treat waste
Store waste destined for disposal
Mix wastes
Mix hazardous & non-hazardous wastes
Limits for Construction & Demolition Wastes: 100T (500T reclaimed
sub-base/planings incl. Hazardous wastes) for 12 months MAX
S3 - Storage of sludge
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Principally used for:
• Agricultural sludges
• Sewage storage
• Septic Tanks
With a limit of 1250T in any 12 month period
NOT GENERALLY APPLICABLE TO THE CONSTRUCTION INDUSTRY
WASTE & RESOURCES ACTION PROGRAMME

Recycled aggregates, imported or produced on-site may not be
‘controlled waste’ if they have been produced in accordance with
WRAP

A Formal quality procedure for aggregates recovered from inert
waste
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Acceptance criteria for the “raw” material
Method statement for reprocessing
Specified product requirements
Inspection & Test Regime for the Processed
Materials
 Records held for 3 years
 Permanent Sites have Environmental Permits
Permitted Wastes for WRAP Processing
10 11 03
Waste glass based fibrous materials
Only without organic binders
15 01 07
Glass packaging
17 01 01
Concrete including solid dewatered concrete
process waste
17 01 02
Bricks
17 01 03
Tiles and ceramics
Selected construction and demolition
waste acceptable only with low
content of other types of materials
(like metals, plastics, organics, wood,
rubber etc). The origin of the waste
must be known
17 01 07
Mixtures of concrete, bricks, tiles and
ceramics
17 02 02
Glass
17 05 04
17 05 08
Soils and stones including gravel,
crushed rock, sand, clay, road base and
planings, and track ballast
Excluding topsoil, peat and any
subsoils from contaminated sites
20 02 02
Soils and stones restricted to parks waste
Only from garden and parks waste;
excluding topsoil, peat
LIABILITY FOR THE QUALITY OF THE WASTE LIES WITH THE PRODUCER. FAILURE TO
DEMONSTRATE WRAP COMPLIANCE WILL LEAD THE EA TO REGARD SUCH MATERIAL
IMPORTED TO SITE TO BE WASTE, WITH LIABILITY RESTING WITH
THE RECEIVING SITE
Current WRAP exclusions – PFA (Unbound)
The EA developed a quality protocol in 2010 in an
endeavour to support the sustainable use of PFA in lieu of
natural aggregates
 Key Features:
 Would not be regarded as waste if it meets the
requirements of an approved product standard and the
customers additional requirements
 Is destined for use in bound or grout application
 There is currently no quality protocol covering the use of
unbound PFA in construction although negotiations
between the power industry and the Environment Agency
are ongoing.

Use of unbound PFA in construction
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The current PFA QP does not apply to unbound use in
construction.
An interim position statement has been developed by the to allow
the use of unbound PFA, following full site specific qualitative risk
assessment as embankment fills, without the requirement for an
Environmental Permit.
This position statement is continually under review and
representation to the local Environment Agency Office should be
made prior to importation of PFA for use in the construction
industry.
The current EA Position Statement can be found @
http://www.envoronment-agency.gov.uk/static/documents/Business/MWRP_RPS_017_v15_QP_Sept_2012.pdf
CL:AIRE Code of Practice Revision 2
CL:AIRE Code of Practice Revision 2
Voluntary Auditable System
Demonstrates materials are not waste
Avoids Permits AND Exemptions (Time/Cost Savings)
Site Materials Management Plan mirrors the
Remediation Strategy & demonstrates:
a. No risk to Human Health & Environment
b. Certainty of Use
c. Certainty of Volume
5. Reviewed by Qualified Person
6. Declaration to EA before re-use on site OR 1 Wk before
material transfer to another site or to a Hub Site
7. Charges apply as from 1st October 2014
8. Verification Report –detailing works as completed
9. EA audits – limited sample sites
1.
2.
3.
4.
When should the CL:AIRE CoP be used?
1.
Contaminated and uncontaminated soils on the site where it has been
excavated whether it requires treatment or not prior to use.
Soils/subsoils, minerals, dredgings, made ground, source segregated
aggregates, stockpiled wastes including any of the above
2.
Transfer of naturally occurring inert soils on another development site
where no further treatment is required
Inert natural soils/subsoils, dredgings (excavated or previously
stockpiled)
3.
Use at sources or on another development site following treatment at
an authorised hub or fixed soils treatment facility
Soils/subsoils, minerals, dredgings, made ground, source segregated
aggregates, stockpiled wastes including any of the above
What is regarded as treatment under the CoP
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Treatment:
Crushing & Screening
Bioremediation
Chemical Stabilisation
Thermal treatment
Not Treatment:
Lime/Cement Stabilisation
Vibro Compaction
Dynamic compaction
Surcharging
Piling
Soil Reinforcement
Before treatment materials will be
regarded as waste.
Specialist Treatment Providers MUST have
an appropriate Environmental Permit or
Exemption. Sites must verify
EP (Mobile Treatment Licence)
Deployment Documentation >
1000m3 – 28 Day lead in period
QP Declaration required before treated
materials used on site.
The Material Management Plan (MMP)
Document identifying:•
•
•
•
•
Who will implement the plan?
Materials - What, how much and where will it be used?
Will it be safe? - Risk Assessment / Remediation Strategy
How will it be managed on site?
How will the movement, treatment, use of soils be
recorded?
• What Contingency arrangements are in place
• How will you demonstrate compliance with the MMP?
• CL:AIRE MMP template with appropriate evidence
• For direct transfer – receiving site would normally develop
the MMP as they will also complete the verification report
at the end of the project
Material Tracking
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All materials (excavation, disposal, storage, treatment
and/or reuse) must be tracked to provide an audit trail
for the Verification Report
Re-use on site:
as-built drawings of excavation locations, storage,
treatment locations, area of final use, c/w associated
field testing & lab results
Direct Transfer:
Source Site – source soils data, conveyance notes, daily
tally
Receptor Site - Acceptance procedures for non-waste
materials –visual and olfactory inspection records,
delivery receipts, confirmatory field tests, non
compliance reporting & remedial action, as-built
drawings of deposition locations
The Qualified Person
Registered with CL:AIRE – Register on CL:AIRE Website
An authorised Signatory of their Company
Chartered
Have 5 years relevant experience in this specific field
Have relevant qualifications in the field
Not be directly involved with the management of the
project
 Have no criminal convictions for contravention of waste or
environmental legislation
 Have undertaken CL:AIRE QP training
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http://www.claire.co.uk/index.php?option=com_contact&view=category&catid+943Itemid=125
CL:AIRE QP Register
CL:AIRE CoP – QP Declarations
i.
ii.
iii.
On site re-use – before material is re-used (not
necessarily before programme start – can
temporarily stockpile before Declaration)
On other site or hub – 1 week before dispatch
QP liability ends with assessing sufficiency of
MMP and relevant supporting documents – the
QP is not liable for the failure of the site operator
to comply with the MMP
Declaration required site to site transfer for each
new donor/receptor site
CL:AIRE CoP – Declaration Charges
i.
ii.
iii.
iv.
Declaration made to CL:AIRE who raise charges
and notify the Environment Agency.
Where volumes are < 5000m3 no charges apply
For 6000m3 a fee of £60 applies
Fees increase on sliding scale
 7,000m3 = £70
 100,000m3 = £1,000
 1,000,000m3 = £10,000
CL:AIRE CoP Verification Report
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Includes:
As Built Site Plans;
Description of the project;
Description of how material use complies with the Remediation Strategy
Reference to site investigation data;
Reference to qualitative risk assessments;
Review of the MMP
Suitable for use criteria;
Details of Treatment and validation records;
Laboratory analysis;
Tracking Records
Record of contingency arrangements implemented;
Record of quantity of materials used;
Copies of signed QP Declaration
CL:AIRE CoP Timescale for Planners

Required before MMP can be developed:
 Full planning, full design, adequate site investigation data,
approved strategy
 Evidence of advance dialogue with Planners & Regulators

Timescales:
 Materials Management Plan (MMP) Development – (2 – 4
weeks dependant on the complexity of the scheme)
 Independent Review by Qualified Person & Declaration –
(1 week)

EA Acknowledgement follows in a month - not a hold
point
CL:AIRE MMP Template

The form should be completed once the lines of evidence have
been marshalled in relation to suitability for use, certainty of use
and quantity required. The answers to the questions posed within
the form together with the supporting information will constitute
the MMP and must be provided to the Qualified Person.

A Qualified Person may comment on draft versions of this MMP,
but will not complete the Declaration until all of the relevant
documents, demonstrating lines of evidence have been provided
for each site.

Each question must be answered. If the question is not applicable
the applicant must provide a brief explanation.
CL:AIRE MMP – What Scenario?
Specify the scenario to which this MMP relates, as described in the CoP
a. Reuse on the Site of Origin
b. Direct Transfer of clean naturally occurring soil and mineral materials
c. Cluster Project
d. Combination of any of the above
In the case of a combination of reuse scenarios, please describe it below
(e.g. Reuse on Site of Origin and Direct Transfer of clean naturally
occurring unpolluted soils, (ii) Reuse on the Site of Origin with Direct
Transfer of clean naturally occurring soil to x number of development
sites etc:
CL:AIRE MMP – Who is completing the MMP
2. Organisation and name of person preparing this MMP (full
address and contact details)
Company Name & Address
 Details of individual completing the MMP with contact
details
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CL:AIRE MMP – Basic Details
3. Site Details / Address – incorporating location plan
4a. Name of Landowner(s) (full address and contact details) –
Where excavated materials are arising from:
4b. Name of Landowner(s) (full address and contact details) –
Where materials are to be reused:
5. Provide a brief description of the planned project and how
excavated materials are to be reused within it.
CL:AIRE MMP – General Plans/Schematics
6. Attach a location plan for the site(s) and a plan of the
site(s) which identifies where different materials are to
be excavated from, stockpile locations (if applicable),
where materials are to be treated (if applicable) and
where materials are to be reused.
Plan References:
CL:AIRE MMP – Schematic of materials movement
7. Attach a schematic of proposed materials movement.
Where there is only one source area and one
placement area briefly describe it below. For all other
projects a schematic is required.
Schematic
Reference:
CL:AIRE MMP – The parties involved
8a. Main earthworks contractor(s) (full address and contact
details) – Where excavated materials are arising from.
8b. Main earthworks contractor(s) (full address and contact
details) - Where materials are to be reused:
9. Treatment contractor(s) (full address and contact details) –
for treatment on site of origin, or at a Hub site within a
Cluster Project
10. Where wastes and materials are to be transported between
sites provide details of the transport contractor(s) (full
address, contact details and waste carriers registration
details (if applicable)):
CL:AIRE MMP – Regulators involved
11. For each site where materials are excavated and where materials are to be
reused provide Local Authority contact details (full address and named
contacts):
12a. For each site where materials are to be reused and for Hub Site locations
provide Environment Agency contact details (full address and named contacts):
For all Cluster Projects:
12b. Attach any relevant documentation from the EA relating to the excavation and
reuse of the materials to demonstrate no objection to the proposals (see 3.37
of CoP)
EA references:
If the EA has not been consulted please explain why (see paragraph 3.39 of the CoP).
CL:AIRE MMP – Suitability for Use
13. Please describe or provide copies of the required
specification(s) for the materials to be reused on each
site.
Reference: Project specific / Specification for Highways etc
CL:AIRE MMP – Suitability for Use
Where contamination is suspected or known to be present
14a. Please provide copies or relevant extracts from the risk assessment(s) that has been used to
determine the specification for use on the site. This must relate to the place where materials
are to be used. This must be in terms of (i) human health (ii) controlled waters and (iii) any
other relevant receptors. If a risk assessment is not relevant for a particular receptor given the
site setting please explain why below:
Reference: Remediation Strategy / DQRA / Remediation Options Appraisals / Conceptual Site Model / GSI Data
14b. Please attach any relevant documentation from the LA relating to the excavation and reuse of
the materials to demonstrate no objection (see 3.37 of the CoP)
LA references: If the LA has not been consulted please explain why (see paragraph 3.39 of the CoP).
14c. Please attach any relevant documentation from the EA relating to the excavation and reuse of
the materials to demonstrate no objection (see 3.37 and Table 2 of the CoP)
EA references: If the EA has not been consulted please explain why (see paragraph 3.39 of the CoP).
14d. Please attach any relevant documentation from any other regulators (if relevant) relating to the
excavation and reuse of the materials to demonstrate no objection (see 3.37 of the CoP)
Other references:
CL:AIRE MMP – Suitability for Use
Where contamination is not suspected
15a. Please attach copies or relevant extracts from the Desk Top Study
that demonstrates that there is no suspicion of contamination.
15b. Please attach copies or relevant extracts from the site
investigation/testing reports that adequately characterise the clean
materials to be used (if appropriate).
15c. Please attach copies of any other relevant information (if available)
confirming that land contamination is not an issue.
Reference(s):
CL:AIRE MMP – Certainty of use

Various lines of evidence need to be provided to
demonstrate that the materials are certain to be used.
This includes:
 The production of this MMP
 An appropriate planning permission (or conditions that link
with the reuse of the said materials)
 An agreed Remediation Strategy(ies)
 An agreed Design Statement(s)
 Details of the contractual arrangements
CL:AIRE MMP – Certainty of use
16a. Planning Permission(s) relating to the site where materials are to
be reused
Please provide a copy of the relevant planning permission
Reference:
16b. Explain how the reuse of the excavated materials fits within the
planning permission(s) for each site.
16c. If planning permission is not required for any one site please
explain why below e.g. permitted development, clean up of a
chemical spill, surrender of an Environmental Permit, recontouring within the existing permission:
CL:AIRE MMP – Certainty of use
Where contamination is suspected or is known to be present
17. Please provide a copy of any Remediation Strategy(ies) that have
been agreed with relevant regulators.
Reference:
Where contamination is not suspected
18. Please provide a copy of any Design Statement(s) that have been
agreed (e.g. with the planning authority or in the case of permitted
developments the client):
Reference:
CL:AIRE MMP – Certainty of volume
19. Please provide a break down of the excavated materials for each site and
how much will be placed at each site or sub area of each site.
Reference(s): Earthworks schedule / bill of quantities / design
drawings / existing topographic surveys etc.
20a. How has consolidation/compaction being considered in the above mass
balance calculations?
20b. How has loss due to treatment being considered in the above mass
balance calculations (if applicable)?
20c. How has the addition of treatment materials being considered in the
above mass balance calculations (if applicable)?
Note - An exact figure is not required but one that is reasonable in the
circumstances and can be justified if challenged.
CL:AIRE MMP – Contingency arrangements
Explain what is to happen in the following situations and identify the appropriate
clauses in the contract(s) (Such clauses must be provided to the Qualified Person,
preferably as a summary document): or
21a. What is to happen to, and who is to pay for out of specification materials?
Contract reference:
21b. What is to happen to, and who is to pay for any excess materials?
Contract reference:
21c. What happens if the project programme slips in relation to excavated materials or
materials under going treatment?
Contract reference:
21d. Other identified risk scenarios for the project (relating to excavated materials)?
Contract reference:
CL:AIRE MMP – Material Tracking
22a. For all sites please describe the tracking system to be employed to monitor
materials movements.
Where contamination is suspected or known to be present
State the procedures put in place to:
22b. Prevent contaminants not suitable for the treatment process being accepted
22c. Prevent cross contamination of materials not in need of treatment, wastes
awaiting treatment and treated materials
22d. Demonstrate that materials that do not require treatment and successfully
treated materials reach their specific destination
22e. Ensure that waste for off site disposal or treatment is properly characterised
and goes to the correct facility
CL:AIRE MMP – Material Tracking
23. Please attach a copy of the tracking forms / control sheets
that are to be used to monitor materials movements. To
include transfer of loads on site into stockpiles prior to
treatment (if applicable), stockpiled after treatment (if
applicable), stockpiled awaiting use (as appropriate) and
final placement.
Reference:
CL:AIRE MMP – Certainty of volume
For Hub Sites within Cluster Projects & where materials
need treatment before reuse
24. Please attach a copy of the Environmental Permit
covering the treatment process. Or alternatively if the
treatment is covered by a Mobile Plant Permit and
associated Deployment Form, attach a copy of the EA
agreement to the Deployment Form.
Permit reference / EA letter reference:
CL:AIRE MMP – Records
25. Where, and in what form, are records to be kept?
Note – records e.g. transfer notes, delivery tickets,
Desk Top Study, Site Investigation, Risk Assessment(s),
Verification Report(s) need to be kept for at least 2
years after the completion of the works and production
of the Verification Report
CL:AIRE MMP – Verification Plan
26. Provide or explain the Verification Plan which sets out
how you will record the placement of materials and
prove that excavated materials have been reused in the
correct location and in the correct quantities within the
development works.
Reference:
CL:AIRE MMP – Natural Contamination
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Direct Transfer under CL:AIRE applies to naturally
occurring soils only
Movement of demolition material to another site can
only be carried out under waste legislation
(unprocessed), unless treated under the WRAP Quality
Protocol for the production of aggregates from inert
waste applies or the material has otherwise met the
end of waste test.
Made ground can only be transferred to another site
via a Cluster site
CL:AIRE MMP – Natural Contamination

Where soils have naturally elevated concentrations of
substances such as Lead that are proven to be
widespread and typical of local conditions they may
still be used, provided that the concentrations (both
total and leachable) of the naturally occurring
substances at the source site are the same or less than
that of the receiving site

This will have to shown by adequate site investigation
at both sites and a risk assessment for use at the
receiving site.
CL:AIRE MMP – EA Position Statement
Environment Agency’s position is very clear – compliance with
the CL:AIRE CoP will prevent the materials being designated as
waste.
Failure to comply or failure to have an appropriate
Environmental Permit or Exemption in place will render the
Site Operator / Landowner liable to prosecution under the
Environmental Permitting Regulations.

Waste flow chart permit scenarios
 Materials you intend to send off site
 Materials you intend to bring onto site
 Materials you intend to re-use on site
Further Queries.....

Contact Pete Wilson @ Urban Regen
 01204 595933
 info@urbanregen.co.uk
Thank you