Construction waste woes

In May 2010, four companies were convicted of illegally dumping construction waste at a site in Kent after an Environment Agency raid in the spring of 2008.

Collectively, the group were fined a total of £74,250 with costs of £60,000.

Sadly, a large proportion of fly-tipped waste in the UK originates in construction, harming the reputation of the sector.

More than 8,000 cubic meters of waste, including mixed C&D waste, plastics, metals and tarmac, were dumped at the site.  The defendants, one of whom has since gone into administration, were mostly involved in the provision of tipper and grab truck hire services. 

The case highlights the need for greater oversight and more robust Duty of Care checks to be made by companies that are contracting with waste carriers and disposal operators for the removal and subsequent disposal of construction wastes.

By diverting waste away from legitimate disposal facilities and into unlicensed dumps, these companies have shown a complete disregard for the environment and have obviously profited as a result.  Such activities undermine the credibility of the UK waste management and construction industries and enable unscrupulous businesses to compete unfairly against their law-abiding rivals.

Companies involved in new-build, renovation, demolition and even street works should all review their current arrangements to ensure that they offer sufficient protection against illicit disposal practices.

How to make sure you don't fall foul of the law

As with any waste management contract, it pays to undertake some basic background checks before you commit your waste to a waste carrier or disposal site. 

Start by obtaining copies of Registered Carrier certificates for waste hauliers and, for the sites that will receive your waste, a copy of the relevant Environmental Permit or registered exemption.  Always ask for the full permit so that you can evaluate whether the waste you intend to send them appears in the List of Permitted Wastes by reference to the European Waste Catalogue - don't be fobbed-off with a copy of the front page, which although proves the site has a Permit, tells you nothing about whether they can legitimately accept your waste.

Be wary of "land-raising" schemes and companies that encourage you to send your construction wastes to sites where new golf courses and other, similar leisure facilities are being built: these are sometimes a cover for illegal disposal operations.  Proceed with great caution.

Once you've made your initial desk-top checks, and if you're satisfied with what you discover, make sure you document the specific details of the wastes concerned and agree the descriptions that will be used - don't simply allow the grab operator or disposal firm to define and describe your wastes for you, this can be a recipe for disaster as it is often is a prelude to unlawful disposal, when unscrupulous waste carriers deliberately omit to certain details in order to gain access to less expensive disposal operations. 

When defining and describing your wastes, be sure you understand the difference between "Inert", "Non-Hazardous", "Contaminated, non-hazardous", "Contaminated, hazardous", and "Hazardous" - the definition affects which disposal and recycling options may be available to you.

Make sure you obtain copies of completed Waste Transfer Notes for all loads, and keep these for the statutory minimum period of two years from the date of the transfer.

And, finally, undertake a periodic and systematic audit of your waste management arrangements at appropriate intervals.   This should include interviewing the waste carriers involved to find out whether they are sufficiently competent to transport your wastes, and visits to receiving disposal/recycling facilities to check that your wastes do actually make it there and aren't diverted en route to an illegal dump.

If you'd like help selecting and managing the companies you use to remove your construction and demolition wastes, or to arrange for one of Remsol's experts to conduct a systematic audit of your waste management arrangements, contact us for a no-obligation consultation.  We also provide a range of waste and environmental management training services aimed specifically at workers and managers in construction and streetworks, and can help you satisfy your Site Waste Management Plans requirements - ask for details.