DoWCoP
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In order to give QPs a route to provide feedback on the DoW CoP, Seamus Lefroy-Brooks and Simon Burr of the CL:AIRE Technology & Research Group have kindly offered to act as a point of contact to collect such information.
QPs are encouraged to email them with any concerns or suggestions along with an impact statement of the issue. Such a statement would provide an indication of the size of the impact or opportunity and an estimate or indication of the number of QPs who have experienced or support the concept.
Seamus and Simon will assess any feedback received and an agenda will be included in future TRG meetings.
CL:AIRE continues to encourage feedback directly if QPs wish but it is hoped this new route will provide an alternative to highlight common issues which some might prefer.
Seamus and Simon may be contacted by email at seamus@LBHGEO.co.uk or simonburr@campbellreith.com
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In a slight change to the Verification Reports process that we have been running since January this year, from now on, in addition to sending a copy of the DoWCoP Declaration receipt to QPs and the relevant Regulator (EA or NRW), we will also send a copy to the person named in the Declaration as the person responsible for completing the Verification Report.
In order for this not to come as a complete surprise to that person, it would be helpful if you, as the QP, could make sure that they are aware of this and that unless we are informed otherwise, they will be the person contacted if we need to chase the Verification Report if it is not submitted by the due date.
You can remind your project teams that Verification Report due dates and contacts can be updated at any time on the CL:AIRE website at https://www.claire.co.uk/verification-report-upload.
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A new Soil Treatment Facility has opened and will be operated as a collaborative venture between DEC UK Ltd (part of the DEME Group) and Brett Aggregates Ltd UK.
Please follow the link below for more detailed information: http://www.brett.co.uk/
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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:
- contaminated materials that go off site for direct use at another site, as we consider such materials to be waste
- wastes that go to and from Fixed Soil Treatment Facilities unless it operates and material originates and is used within a defined Cluster
- the control of landspreading activities4
- 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.
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From 1 April 2018 the scope of Landfill Tax will be extended to sites operating without the appropriate environmental disposal permit. Operators of illegal waste sites will now be liable for Landfill Tax. The new legislation contained in the Finance Bill 2017 to 2018 (and subsequent secondary legislation) will provide for:
- Sites operating without the necessary environmental disposal permit or licence will be liable for Landfill Tax at the standard rate on all material.
- All material at illegal sites on 1 April 2018 and any material disposed at such sites after this date will be caught by the tax.
- Anyone who knowingly facilitates the disposal may be jointly and severally liable to any assessment.
- HMRC will be able to charge an additional penalty of up to 100% of the tax due, and will also have the right to criminally prosecute in the most serious cases.
- The changes only apply to sites in England and Northern Ireland because Landfill Tax was devolved to the Scottish Parliament in April 2015 and is due to be devolved to the Welsh Assembly from 1 April 2018.
Safeguards will ensure that landowners and people in the waste supply chain who, despite carrying out all reasonable due diligence, were unknowingly involved in the illegal dumping will not be liable for any tax or penalties. This means that, as long as the current Department for Environment, Food and Rural Affairs (Defra) Duty of Care requirements are complied with, innocent parties will not be liable.
HMRC will be developing clear guidance in line with Duty of Care requirements ahead of implementation.
For more information on Duty of Care and how you can protect yourself against rogue traders in the waste sector now, please visit: https://www.gov.uk/government/