Submission of verification reports
Previous audits of the DoW CoP process by the regulators have revealed an alarming number of sites that have failed to prepare verification reports following movement of material. Verification reports are important documents that confirm materials have indeed been used in the manner described by the materials management plan and should be seen as the final piece of evidence showing why the reused material should not be considered waste.
Ahead of publication of Version 3 of the DoW CoP, the regulators have requested that CL:AIRE bring forward updated submission requirements for verification reports to ensure the full DoW CoP process is being adhered to.
A new declaration form, which goes live on 1 January 2018, will require a DoW CoP qualified person (QP) to identify and provide contact details for the client (individual or organisation) responsible for producing the verification report, and provide an estimated production date for the report. If no communication is received by the expected production date, CL:AIRE will contact the named individual or organisation for an update.
In order to complete the new declaration form, the QP will need to confirm that
- the risk assessment for the material to be reused concludes that harm to human health and pollution of the environment will not be caused if materials are used in the proposed manner
- the local authority, EA/NRW and other relevant environmental regulatory bodies have not objected to the proposed use of the DoW CoP on the basis that the use of any material is likely to harm human health or pollute the environment
- the EA or NRW has not objected to reusing materials because it constitutes a waste management operation or has had a previous application for an environmental permit for waste recovery refused (as the project represents waste disposal)
- the project has not started yet and therefore is not a retrospective application of the DoW CoP.
The final point above is to prevent declarations being submitted for projects where reusing materials or importing them from donor sites has already occurred, i.e., where a declaration should have been made in advance.
Landfill tax – disposals not made at landfill sites
From 1 April 2018, the scope of landfill tax will extend to sites operating without the appropriate environmental disposal permit. Operators of illegal waste sites will now be liable for landfill tax.
RSK considers that material movements properly carried out under the DoW CoP would not count as an illegal waste operation. If, however, a client only partially follows or does not follow the DoW CoP in its entirety, any subsequent improper use/transfer of material could result in prosecution and payment of landfill tax.
RSK is a principal member of CL:AIRE and the leading independent geoenvironmental consultancy in the UK, with teams based in Bristol, Cambridge, Castleford, Derby, Glasgow, Helsby, Hemel Hempstead, Manchester, Southampton and Tonbridge carrying out geoenvironmental and geotechnical investigations and appraisals nationwide.
We have 19 QPs capable for issuing materials management plan declarations through the CL:AIRE DoW CoP process, either for our in-house teams (the qualified person must be independent from the project process up to the point of the declaration) or for third-party consultants, where the client cannot ensure an independent qualified person is available.