For brownfield projects in particular, the off-site disposal of surplus materials such as excavation arisings can be a significant cost and may impact a projects viability, particularly as the amount of material from a typical development site can amount to thousands of tonnes.
The Definition of Waste Code of Practice (DoWCoP) requires that a Materials Management Plan is produced and that it specifies what information must be gathered and documented. Crucially, the MMP must demonstrate the material has been deposited in the appropriate manner and will not pose unacceptable risks to human health or the environment, and it should be finalised at the design and planning stage of a project. All Material Management Plans must be reviewed by a Code of Practice Qualified Person and receive final sign-off by the regulator.
So, what are the implications of non-compliance?
In 2018, a bill was passed that enabled the HMRC to charge landfill tax evasion fines and penalties, on any company found to have committed a waste crime. For some time following this announcement, the industry has been speculating on what this means to them and how it will practically effect them. Many have been unsure of where it applies, and in so many instances have neglected to address the issue and change their practices.
HMRC inspections are now well underway with regional task teams being set up to undertake random inspections on site to check regulatory compliance in the management and use of waste and soils.
Materials Management Plan Objectives
The CL:AIRE Definition of Waste Code of Practice sets out four main principles for the use of materials as non-waste. The Materials Management Plan must contain sufficient information to demonstrate these requirements are met.