1. Receiver sites must develop import criteria that are site and material specific.

These cannot just be generic risk assessment criteria figures for set after use scenarios, or even relevant site specific risk assessment criteria for the existing land condition at the receiver site. They must consider the import materials, any contaminant levels (natural or manmade), any additional new contaminants involved and the overall leachable/gross burden that the import may add to the receiver site.

In addition we would like to flag the following from our old formal position statement PS006, now lost to some degree in the shortened Position statement J8 in GP3, but still crucial in regulatory decision making on assessing Declarations.

2. The regulatory position which covers re-use of materials under DowCoP does not apply to the following activities which will remain subject to waste regulatory control:

1. contaminated materials that go off site for direct use at another site, as we consider such materials to be waste
2. wastes that go to and from Fixed Soil Treatment Facilities unless it operates and material originates and is used within a defined Cluster
3. the control of landspreading activities4
4. the management of extractive wastes within the scope of Mining Waste Directive.

3. If DoWCoP is not used fully in accordance with the guidance and RPS and Declarations submitted prior to materials transfers or re-use, then we may take the view that materials are deposited as waste.

This may be if materials are not compliant with expected materials types, if contaminant loadings are not in accordance with agreed import criteria, if excessive volumes are used, or materials are transferred prior to a Declaration being submitted. After the 1st April, such deposits of waste may be deemed illegal and may be subject to relevant landfill tax burdens in accordance with new regulations. The EA will be working with HMRC in partnership to close down these illegal, or poorly managed activities and ensure relevant tax fees are paid. Project managers, QPs and all parties engaged in materials transfers and re-use should be aware of these new liabilities. A DoWCoP Declaration is not valid if materials are not used fully in accordance with the EA RPS, the DoW Code of Practice and relevant MMPs and remedial strategies.

4. The spreading of waste soil, dredgings or other materials on existing agricultural land for agricultural or ecological benefit is regarded as a distinct land treatment operation subject to separate legislative control i.e. permit or exemption.