Qualified Person Disciplinary procedures and a whistleblowing service have been in place at CL:AIRE since January this year. The procedures can be found here.
In the first six months of the year, the QP Disciplinary procedures have been used on two occasions, resulting in the Qualified Persons attending an investigation meeting at the CL:AIRE offices. The procedures were used for the following reasons -
- The QP had taken a direct role in contacting regulators - contrary to the requirement for independence from the project;
- The QPs name appeared on documents supporting the Materials Management Plan - contrary to the requirement for independence from the project;
- Declarations had been submitted without the EA / NRW officer providing a 'no-objection' position;
- Materials that were not suitable for Direct Transfer because they were either historically imported materials which had been treated and subsequently long-term stockpiled or they were waste materials left over from historic quarrying activities at the site (extractive industry wastes).
On both occasions, QPs were issued with warning letters and given confirmation of the DoW CoP requirements in these areas. The above issues are flagged here as reminders for all DoW CoP users.
CL:AIRE has received two "whistleblows" in this period reporting project team communication suggesting paperwork wasn't required - clearly this is incorrect as the DoW CoP relies on a clear, detailed audit trail of materials from donor source to receiver end-use.
Secondly, evidence of intentions to charge tipping fees at Receiver sites has been received - CL:AIRE reminds DoW CoP users that projects which either intend to or need to charge fees for accepting materials need to discuss this with their local EA / NRW officers as early as possible. It is most likely the DoW CoP will not be the appropriate management option for these materials.
CL:AIRE is working with both projects in question to ensure their understanding of the DoW CoP is at the required level.
All users of the DoW CoP are reminded of the changes imposed by HMRC with regards the potential application of landfill tax on illegal deposits. Whether applying for DoW CoP, permits or exemptions, it has never been more important to ensure the conditions management approach are met in order to mitigate project financial risks.