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SWMPs Site Waste Management Plans Legal as of April 2008

The Site Waste Management Plans Regulations 2008 came into force on 6 April 2008. If construction work commences before 1 July 2008, the regulations do not apply to any project planned before 6 April. The Regulations apply to all projects with a value of £300,000 or more.

Responsibility for the initial production of the plan lies with the client. If a project is started without the plan being in place, both the client and contractor are guilty of an offence under the regulations.

The plan must identify:

• The client
• The principle contractor
• The person who drafted it
• The location of the site
• The estimated cost of the project

It must record any decision made in order to minimise the quantity of waste produced on site before the plan was drafted.

It must

• Describe each waste expected to be produced
• Estimate the quantity of each type of waste
• Identify the waste management action for each type of waste including reusing, recycling, recovery or disposal.

It must also contain a declaration that both the client and the principal contractor will comply with the requirements of Duty of Care and that materials will be handled efficiently and waste managed appropriately.

The plan must also be updated as the project progresses. In addition, if the project is worth more than £500K, these requirements need to be even more clearly defined.

Within three months of the project being completed, the principal contractor must add confirmation that the plan has been monitored and updated; give a comparison of estimated quantities of each type of waste generated against the actual quantities; explain any deviation from the plan and give an estimate of the cost savings that have been achieved by completing and implementing the plan.

Additional requirements include:

• Ensuring cooperation between contractors
• Providing Induction, information and training for every worker, with regard to the site waste management plan
• Ensuring that waste produced is reused, recycled or recovered

There are also a number of other requirements relating to joint responsibilities for both the client and Principal contractor. Failure to comply with this schedule is also an offence.

The Environment Agency and local government or council enforcement officers will enforce these regulations.

A person found guilty of an offence is liable, on summary conviction to a fine not exceeding £50K or on indictment to an unlimited fine. Where a corporate body is guilty of an offence, individual liability also applies to directors, managers and other persons acting in a similar capacity.

The enforcement body may also issue a £300 fixed penalty notice if any person fails to produce a site waste management plan or any other record when required to do so by an Enforcement Officer.

Dow Waste Management offers a simple to follow plan, which not only guarantees full compliance with the regulations, it’s easily managed and it delivers.

We can provide the right guidance for the implementation of your plan, offering a complete management service covering safety, cost, and sustainability.

Full site waste management plan consultations are available by prior arrangement, offering a detailed evaluation.