Site Waste Management Plans
What regulations apply?
The Site Waste Management Plans Regulations 2008
What do I have to do as a Client?
On all qualifying projects, clients have to produce a Site Waste Management Plan before any construction works can commence.
What do I have to do as a Principal Contractor?
On all qualifying projects it is the duty of the Principal Contractor to ensure that the Site Waste Management Plan is developed as the work progresses. Additionally key documentation needs to be recorded and made available throughout the project and also upon completion.
How is a qualifying project defined?
Any construction project, as defined by the regulations, that is valued before VAT at over £300,000. On projects over £500,000 in value there are extra duties for the Principal Contractor to discharge. Currently the regulations only apply in England.
Who enforces the Site Waste Management Plans Regulations?
The enforcing authorities are the Environment Agency, district councils and the London councils.
What are the penalties for not conforming to the regulations?
The enforcing authority can issue an on the spot fixed penalty of £300 if they turn up at a qualifying site and find there is no Site Waste Management Plan in place. When such a penalty is served the enforcing authority cannot instigate proceedings for 14 days: thus allowing a period of grace to enable a Plan to be established. Subsequent failure to produce a Site Waste Management Plan can result in a maximum fine of £50,000 for the Client and the Principal Contractor.
Can individuals be held personally responsible for breaches?
Individual directors and managers within an organisation can be found guilty if deemed negligent.
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