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Frequently Asked Questions - DoW:CoP Verification Reports

FAQs - DoW:CoP Verification Reports

Is the Verification Report the same as that prepared for other purposes?

Contaminated land practitioners think of a document that has a much wider scope. The DoWCoP relates specifically to the reuse of excavated materials and demonstrating how the reuse has achieved or furthered the objectives relating to that use.

In relation to the DoWCoP it is anticipated that it is a subset, or specific section, of a verification report.

For the Design Statement route (where contamination is not suspected) it may only cover the reuse of excavated materials and nothing else. It is a new requirement for these types of projects (it is anticipated that it will be a very small document).

Is the Verification Report sent to the Environment Agency?
No. The Environment Agency does not require the submission of the Verification Report. However, they may request to see a copy in carrying out an audit.
Does Verification Report need to include a requirement for ongoing monitoring?
Not in the context of the section of the Verification Report that deals with materials handling under the DoWCoP. It may do elsewhere for other reasons.
Does certainty have to be demonstrated by planning permission?

No – that is just one route. The planning permission can be seen as a key piece of the picture, but it is a complete picture that has to be developed. There may be sites where no planning permission is involved e.g. remediation following a chemical spill.

The agreed Remediation Strategy would be the key piece of evidence. Other lines of evidence would include contracts and Design Statements.

Is material that meets specification and reused non waste, even if it would be classified as hazardous waste if sent off site for disposal?
Correct – If appropriate volumes are suitable and certain to be used and would not cause pollution of the environment or harm to human health. If it is not waste there is no need to classify it as inert, non- hazardous or hazardous.
If excavated contaminated ash was reused, would this still be legally waste?
No - not necessarily if dealt with in accordance with the DoWCoP and all the factors are demonstrated. (The DoWCoP does not relate to ash generated at a power plant – the DoWCoP is specific to that which may be found deposited historically)
If material requires some work to meet geotechnical properties what happens?
Refer to the Environment Agency FAQs webpage.
If material is used as suitable for one use (e.g. commercial/industrial), under the DoWCoP and a later development has a more exacting standard for which it would not have been suitable (e.g. houses/gardens) does it revert to its waste status?
No. The material has by that time been fully incorporated into the earthworks and hence is fully recovered. The question is then whether the holder of that land discards it again.
Can material be stockpiled on site for use in a later phase of project if using the DoWCoP?
If the stockpile is anticipated to be in place for longer than 12 months then agreement from Environment Agency should be sought (see DoWCoP paragraph 4.1). The longer the storage time the less “certainty” of reuse.
How do the Site Waste Management Plans and DoWCoP overlap?

If the project relates solely to the earthworks, the Materials Management Plan will in essence cover the bulk of the requirements of a Site Waste Management Plan (to be compliant with the Site Waste Management Plans requirements the Materials Management Plan would have to be top and tailed).

Where the project is larger than just earthworks, the detail within the Materials Management Plan would be a subset of the Site Waste Management Plans i.e. dealing with one waste stream – excavated arisings).

On a Greenfield site, covered by a Site Waste Management Plan, why use the DoWCoP and add further bureaucracy?
The DoWCoP does not have to be used, it is voluntary. However, it should be noted some people do not realise that they are dealing with waste on Greenfield sites and hence require an Environmental Permit or exemption, even where a Site Waste Management Plan has to be produced. (A Site Waste Management Plan does not remove the need for an Environmental Permit)
When is the Verification Report due and where must they be sent?

In line with the proposal under Version 3 of the DoW CoP and following the findings of project audits, the EA & NRW have requested CL:AIRE bring forward the requirements for project teams to submit their Verification Reports to ensure the full DoW CoP process in complete, therefore from January 2018, there is a requirement for project teams to estimate the expected production date of the Verification Report and for this date to be entered into the Declaration.

A reminder email will be sent to the person identified in the Declaration if the initial due date specified is missed. Instructions in this email will indicate where to upload the Verification Report or, if it is not yet ready, to change the due date.

CL:AIRE understands that the due date may be difficult to estimate, however project teams should be reminded to maintain good levels of communications with CL:AIRE on expected progress by changing the due date.

If expected Verification Report production dates are missed and no communication is received from the project team, CL:AIRE will make contact with the named individual or organisation to request an update.

CL:AIRE will not be responsible for any loss, however arising, from the use of, or reliance on, the information contained in the responses above, nor do they assume responsibility or liability for errors or omissions in the information provided. Readers are advised to use the information contained herein purely as a guide and to take appropriate professional advice where necessary.