Environment Department: Draft Supplementary Planning Guidance – Site Waste Management Plans.

STATES OF JERSEY

ENVIRONMENT DEPARTMENT: DRAFT SUPPLEMENTARY PLANNING GUIDANCE – SITE WASTE MANAGEMENT PLANS

Presented to the States on 29th May 2012 by the Minister for Planning and Environment

STATES GREFFE

2012   Price code: D  R.69

Department of the Environment Supplementary Planning Guidance

Draft advice note

Consultation draft

Site Waste Management Plans

May 2012

About supplementary planning guidance

The Minister for Planning and Environment may publish guidelines and policies (supplementary planning guidance) in respect of; development generally; any class of development; the development of any area of land; or the development of a specified site[1].

Supplementary planning guidance may cover a range of issues, both thematic and site specific, and provides further detail about either, policies and proposals in the Island Plan, or other issues relevant to the planning process. It can also be used to provide information about how the planning system operates.

Where relevant, supplementary planning guidance will be taken into account, as a material consideration, in making decisions.

Supplementary planning guidance is issued in a number of different forms including:

Advice notes, which offer more detailed information and guidance about the ways in which Island Plan policies are likely to be operated, interpreted and applied in decision making;

Policy notes, which can be issued by the Minister, following consultation with key stakeholders, in-between reviews of the Island Plan, to supplement and complement the existing planning policy framework;

• Masterplans, development frameworks and planning briefs provide more detailed information and guidance about the development of specific sites and areas of the Island; and
• Practice notes, which aim to provide information about how the planning system's protocols and procedures operate.

The current supplementary planning guidance is listed and can be viewed on the States of Jersey website at www.gov.je/planningguidance.

Hard copies of all supplementary planning guidance can be obtained from Planning and Building Services, Department of the Environment, South Hill, St. Helier , JE2 4US, telephone: 01534 445 508 email: planning@gov.je  

Contents

1. Introduction

1.1 The requirement to submit Site Waste Management Plans (SWMPs) with development applications which generate a significant quantity of waste was introduced in Jersey with the adoption of the 2002 Island Plan, in order to help improve waste management.

1.2 SWMPs are primarily intended to:

identify the volume and type of waste materials generated during the development process (e.g. materials from demolition and excavation works and from construction activities);

establish opportunities for reuse, recycling and recovery of materials (i.e. promote the waste hierarchy);

demonstrate how off-site disposal of waste will be minimised and managed; and

generally assist in improving materials resource efficiency on construction sites.

1.3 The 2011 Island Plan seeks to tighten the controls surrounding SWMPs to ensure they are treated as living documents' which are regularly updated, monitored and properly implemented throughout the construction project and reviewed at completion.

1.4 The requirement for developers to prepare and implement SWMPs is set out in Policy WM1 of the 2011 Island Plan. The policy is set out in full in Section 2.

1.5 This guidance has been prepared in accordance with Proposal 23 of the 2011 Island Plan, to "provide additional advice and assist with development control considerations". It elaborates on Island Plan Policy WM1, explains in more detail the purpose behind Site Waste Management Plans' and what is required in preparing, updating and implementing these plans throughout the various stages in the construction project.

2. Status of this Guidance

2.1 This is currently draft guidance produced for consultation with key stakeholders and interested parties. It will be reviewed and amended in response to consultation.

3. What is the guidance for?

3.1 The main purposes of this guidance are to:

explain and interpret the policy requirements for SWMPs;

explain what developers need to consider and why, when writing their SWMPs;

set out the information and procedures needed to comply with the related policy requirements;

help prevent / reduce illegal disposal of waste (e.g. fly-tipping) by providing an audit trail of any waste that is removed from construction sites; and

assist in providing for a more consistent and effective approach to waste management on construction sites.

4. Who is the guidance intended for?

4.1 This guidance is principally intended to assist developers, builders, architects, designers, surveyors, suppliers, sub contractors / specialist contractors and all those who are associated with construction projects where waste material will be generated. It is also intended to help planners who may require the development of SWMPs and other officers of the States who may be engaged in monitoring compliance with SWMPs.

5. What type of development does this guidance apply to?

1. This guidance is presently aimed specifically at major developments' (see Section 10), developments which would involve the demolition of major structures and/or other developments which generate a significant amount of waste material during construction.
2. SWMPs apply to all aspects of construction work, including preparatory enabling works such as demolition, excavation and site clearance.

6. Island Plan Policy for Waste Minimisation and New Development

6.1 For ease of reference, Island Plan Policy WM1 is set out in full below.

Policy WM1 – Waste Minimisation and new development

In considering proposals for new development and in accordance with the principles of sustainable development, the Minister for Planning and Environment will encourage the minimisation of waste generated as part of construction activity and an increase in the recycling, reuse and recovery of resources.

The Minister will only permit major new developments and/or developments which would involve the demolition of major structures or the potential generation of significant quantities of waste material (including developments of 10 or more dwellings, or with a floorspace of more than 1,000m², or where the development is on a site of more than 1 hectare), where:

measures are taken to minimise the wastes arising and to recycle, reuse and recover as much as possible of the generated waste material; and

opportunities are taken to maximise on-site management of waste.

Where inert waste generated in these developments cannot be reused on the site, it should, as far as possible, be diverted for recycling with a licensed contractor and only the residual unusable material should be disposed of to landfill.

The Minister will require a Site Waste Management Plan' to be submitted with all planning applications for these developments, setting out the steps to be taken to minimise and manage waste generation both on and off the site during construction. The measures contained in the Site Waste Management Plan' shall be approved by or on behalf of the Minister and may be secured by planning conditions and obligations, where appropriate. Where such plans are not acceptable, permission will not be granted.

Site Waste Management Plans' should be continually evolving plans, which are implemented and updated by the developer or an appointed contractor throughout the construction phase. All waste transactions shall be accurately and clearly recorded in the Plan to maintain a continuously up-to-date record of how work is progressing in comparison with waste management estimates.

On completion of the development, the developer must make available the final

version of the Plan for review and provide the Minister with:

evidence that the Plan has been satisfactorily monitored;

the reasons for any revisions made to the Plan; and

an explanation of the differences between the initially approved Plan and actual performance.

Where planning controls associated with approved Site Waste Management Plans' are being breached, the developer will be asked to agree to implement remedial steps to resolve the breach.

The Minister will consider formal enforcement action where developers or responsible contractors have:

intentionally not complied with a Site Waste Management Plan', or

not taken required remedial action within the given time-frame.

7. Background

7.1 As well as being a major consumer of materials, the construction industry in Jersey is a major generator of waste. Construction and demolition waste represents by far the largest amount of solid waste (by weight) that needs to be managed, typically ranging from 65% to 75% of annual production in recent years. In addition, virtually all the inert wastes destined for landfill are derived from construction and demolition activities.

7.2 The major components of construction and demolition waste include soils, concrete, masonry, stone, metal, glass, plasterboard and bitumous materials, although there are a wide variety of other wastes which are referred to elsewhere in this document. Waste materials that are generated on a construction site come from a number of sources. Major sources include demolition of buildings, structures and fixtures, and the excavation of spoil in preparing land for development (e.g. excavating foundations, service trenches, roadways and sewers). Waste can also occur, however, due to factors such as:

over-ordering;

poor design;

felling of trees and clearing vegetation;

material imported to the site for inclusion into the permanent works;

packaging; and

inefficient working practices (e.g. using incorrect materials because it is easier to do so, or wasteful cutting of materials).

7.3 This waste amounts to a misuse of valuable resources, which is increasingly expensive to collect and dispose of and which has significant impacts on the environment. It is also clear that a significant proportion of materials that end up as waste on construction sites can be more effectively managed. In view of this, it is considered essential that steps are taken by the construction industry to control and regulate the amount of waste produced during building projects and to encourage more innovative and effective waste management practices.

7.4 Island Plan Policy WM1 seeks to address the issue of site waste and in doing so, reflects the general aims of the States' approved Solid Waste Strategy' and the internationally accepted Waste Hierarchy'. It seeks to achieve a reduction in construction and demolition waste from that presently produced, an increase in reuse and recycling of waste, the increasing diversion of waste from landfill and a reduction in the requirements

for non-renewable resources during a construction build. The formulation and implementation of SWMPs are regarded as an essential and practical tool in addressing these objectives.

The Waste Hierarchy

8. Waste Management Considerations throughout the Project

1. There are a number of waste management factors that should be considered at various stages of a development project.

Site Selection and Project Inception Stage

2. Opportunities for waste minimisation should be considered at a very early stage, when the site is being chosen and purchased. It will be important to have regard to factors such as the site topography, soil type and potential levels of ground contamination, to help determine the amount of soil that will need to removed or managed on-site. For example: steep-sloping sites may require large amounts of excavation to enable the construction of accessible buildings; certain soil types will require greater excavation to enable secure foundations; and contamination may necessitate soil removal or remedial measures to decontaminate the soil. Where contamination is suspected, the developer must follow supplementary planning guidance on contaminated land.[2]
3. At this stage, initial consideration might also be given to whether there are any buildings or structures on the site which could potentially be incorporated into anynew design to reduce or avoid the production of demolition waste (see Minister's forthcoming guidance on demolition and replacement of buildings).

Design Stage

4. In designing the new development it would be appropriate to consider among other things whether:

there are existing buildings that could be adapted and reused;

there is scope to employ methods of construction that will minimise waste production (e.g. off-site prefabrication, or modular construction);

waste materials can be re-used or recycled elsewhere on the development (e.g. in providing aggregate or material for ground level changes which are necessary as part of the development);

existing trees and vegetation can be incorporated into the landscape design;

the development can be designed to incorporate second hand, recycled or renewable materials; and/or

room designs and sizes can be designed to correspond to standard dimensions for sheet materials and modules of components.

Project Planning Stage

5. For project planning purposes, developers should:

allocate readily accessible space on site for the storage and recycling of waste materials;

consider modifications to the design to reduce the amount of waste produced;

make provision for dedicated material recycling skips;

allocate space for the storage of specialised equipment required to recycle materials on-site;

identify and award contracts to suitable waste management contractors who will remove waste for recycling or disposal at authorised sites (i.e. sites which have a waste management licence or are exempt from the need to have a licence – see Section 10 on the Waste Management (Jersey) Law 2005);

make sure that any contracts awarded to other companies for carrying out work on site include provisions for waste minimisation;

introduce correct ordering to reduce surplus waste;

consider introducing just-in-time' delivery of materials to reduce damage to materials;

inspect materials delivered to site for damage prior to unloading;

seek to reduce packaging waste from construction materials (e.g. by entering deals with suppliers to: send materials with minimal packaging; use re-usable and recyclable packaging; and/or take back packaging).

The Planning Application Stage

6. For development proposals which will generate a significant amount of waste and major new developments (see Section 2 and Island Plan Policy WM1 and Section 6 on when a SWMP is required), the application must include a detailed Site Waste Management Plan included with the application.

9. What is a Site Waste Management Plan?

1. A Site Waste Management Plan is a written document which provides a structure forhow waste materials are managed at all stages during a construction project. It should be signed by the client, principal contractor and, where appropriate, specified sub-contractors.

9.2 Typically, such plans will record:

the location of the site;

a description of the construction works;

waste minimisation proposals;

who is responsible for preparing the plan;

who is responsible for waste management;

proposals for plan distribution, instruction and training;

the estimated type and amount of waste likely to be generated throughout the project;

details of how each waste type is to be managed (including priorities for larger developments and targets);

the contractors to be used to help ensure that waste is correctly and efficiently managed (including the responsible and legal disposal of residual waste, see Section 10 on the Waste Management (Jersey) Law 2005);

details of the quantities of waste estimated to be and following updates actually generated from the construction project;

proposals put in place for the separation and storage of waste materials.

9.3 SWMPs should also include undertakings that waste materials will be handled in compliance with them.

9.4 An example SWMP template is provided in Annex 3, to assist the writing process and help ensure the production of suitable plans. However, this is intended as a guide only, to be amended and modified as appropriate. SWMPs are site-specific and each plan must be carefully developed to suit the particular construction projects in question, to ensure that they work. Much will depend on the character of the site, the size and nature of the project and the procedures and practices adopted by the company in question (including existing methods used for keeping site management records). Whilst many elements in a Plan template will be common and transferable to a variety of projects, others will be of little relevance to specific projects. For example, where there are no demolition operations on a site, the sections relating to enabling works may be restricted and in some instances ignored.

9.5 In any event, whatever format is adopted, the plans must be clear, accurate and easy to follow by all users and easy to monitor and update. They must also be readily accessible at all times (either electronically or on paper) to those involved in implementing and updating the plan, or carrying out regulatory checks.

10. When is a Site Waste Management Plan required?

1. The Minister will expect a SWMP to be submitted in support of any planning application for major development', or development which involves the demolition of major structures, or development that is likely to generate significant quantities of waste material. Major developments include developments of 10or more dwellings, or with a floorspace of more than 1,000m², or which involve a site of more than 1 hectare.
2. Notwithstanding the above, in the interests of good practice and achieving sustainability objectives, the Minister would wish to encourage the application of site waste management planning to all development proposals that generate waste.

11. The Benefits of a Site Waste Management Plan

11.1 There are considerable environmental benefits to be gained for the Island from better construction waste management. A reduction in the amount of waste produced and greater take-up of recycled materials will mean less waste going to landfill, less quarrying, less transportation of materials, less energy consumption, less fly tipping and less harm to the environment.

11.2 There are also significant cost savings and other benefits to be had for the client and the construction industry by adopting site waste management plans, including:

reductions in the amount of material used and subsequent saving on purchasing costs (e.g. primary aggregate);

lower waste disposal costs (e.g. skip hire, landfill charges);

reductions in handling and transport costs (e.g. associated with lorry journeys for waste and primary materials);

potential revenues from materials that are able to be reused or recycled;

the provision of documentary evidence to answer queries from environmental regulators;

avoiding potential prosecution, by making sure that waste leaving sites is responsibly managed;

opportunities to enhance environmental credibility, public reputation and market position;

providing evidence of compliance with contractual obligations (e.g. between the contractor and the client);

the creation of a useful tool which shows how resources have been used and waste managed and which provides valuable information for future projects.

11.3 There is a wealth of information and guidance available on construction site waste management and SWMPs and some of the main sources are listed in Section 13 of this document.

12. Site Waste Management Plan Process

1. Producing a successful SWMP requires careful planning and preparation from the outset, when the project is being planned. Typically this involves a number of basic steps, as set out in the following chart.

Step 1: Identify who is responsible for producing the plan

2. The client is ultimately responsible for ensuring that a SWMP is prepared and an individual/s should be made responsible for drafting it. Given that most Plans will be written at pre-planning stage for submission (and approval) with the planning application, it is likely that responsibility for writing will fallon the designer or his representative. (N.B. This may need to be developed further by the contractor when construction begins).
3. Preparing SWMPs at an early pre-planning stage will enable proper consideration of design and waste minimisation issues (including materials and methods of construction that minimise the production of waste) and opportunities for reusing, recycling and recovering waste materials.

4. The author/s of the Plan should be fully aware of with waste issues and the construction programme for the project. In formulating the Plan, he or she should engage with and gain the acceptance of the wider project team (e.g. client, designers, demolition contractors, other sub-contractors, supply chains).

Step 2: Assign responsibility for implementing the Plan

12.5 Responsibility for compliance with the SWMP will rest with the client or the principal contractor. To help in meeting this obligation, it is appropriate to appoint someone on-site to take overall responsibility for implementing the SWMP and updating it throughout the life of the project. This person must have sufficient authority to ensure that others co-operate and comply with the SWMP and might be, for example, the site manager or site foreman. He or she will need the skills and knowledge to:

motivate everyone working on the site to follow the SWMP; and

arrange for any necessary training or resource provision.

12.6 There may also be merit, particularly on larger sites, in appointing another person on- site to act as a waste champion'. This person should have an interest in and be knowledgeable about waste management issues and should report directly to the person responsible for the SWMP. His or her role would include: promoting awareness of the SWMP among the workforce; monitoring and reporting on waste generation, waste management activities and the effectiveness of the SWMP; ensuring everyone sticks to the plan; and collecting ideas for improved waste management.

12.7 Of course, if the SWMP is to be an effective tool for managing waste, it will need to be supported and embraced by management, the project team (including sub-contractors and waste management contractors) and everyone working on-site.

Step 3: Forecast waste production

8. The SWMP must identify the quantity of each type of waste material that is likely to be produced on-site throughout the project, during enabling works (including demolition) and the construction phase. The quantity of waste should usually be specified asm³or tonnes.
9. The waste materials should be divided into the following categories (in order of increasing environmental hazard):

Inert wastes – wastes which will not harm or cause adverse effects to the environment when disposed of, or do not decompose when buried (e.g. concrete, bricks, blocks, mortar, plaster (not plasterboard), tiles, aggregates, glass, uncontaminated soils, sand, gravel and rocks). These generally tend to be generated in the initial phases of a project.

Non-hazardous wastes – wastes that will break down / decompose when buried, resulting in the production of landfill gases such as methane and carbon dioxide (e.g. timber, paper, cardboard, plasterboard, green waste, food, metal and plastics). These may be generated throughout the project.

Hazardous wastes – wastes that are harmful to human health or the environment if improperly stored, contained, handled, treated or disposed of. It includes wastes which are corrosive, explosive, flammable, infectious, carcinogenic, teratogenic, mutagenic, ecotoxic and prone to releasing toxic gases of producing leachate after disposal (e.g. asbestos, contaminated soil, paint tins, mastic, surplus chemicals).

12.10 Identifying the quantities of each waste type arising throughout the project will help site managers to determine:

the number, type and size of containers needed for waste during the different phases of the project; and

when or whether different waste streams should be segregated.

12.11 Where there is a lack of space on-site to undertake appropriate segregation, agreements will need to be reached with waste management operators to ensure that the waste is sorted for recycling off-site (e.g. at an authorised waste management facility).

Step 4: Identify priority waste streams

12. For larger developments it will be appropriate to prioritise the most significant waste streams generated (i.e. by volume, weight or cost) in order to focus the SWMP on those issues where there is most to be gained from effective waste management.

Step 5: Identify waste management options

13. Having estimated the quantity of different waste streams likely to be produced, it is then necessary to identify waste management options which might be available on- and off-site. For this purpose, reference should be made to the Waste Hierarchy. Examples of possible waste management options that might be considered are set out in tables 1, 2 and3.

Table 1: Waste management options for inert waste

Table 2: Waste management options for non-hazardous waste

Notes:  *1 The waste recycling team at Transport and Technical Services organised a successful giveaway' event at the former Ann Court in 2011. An ad was placed in the paper and the demolition contractor was required to:

include time for removing radiators, baths etc before the building was demolished; and

make provision for a Saturday morning giveaway session.

Table 3: Waste management options for hazardous waste

Notes:  *1 There are currently no contractors licensed in Jersey to remediate or dispose of contaminated soil.

Step 6: Determine waste management methods to be used and set targets

14. Once the options have been examined, the best routes can be chosen as waste management actions for each waste stream. These should be as close as possible to the top of the Waste Hierarchy.
15. Starting with the most beneficial and preferred waste management options, ways should be looked at to avoid or minimise waste through the design and procurement processes. After that, consideration should be given in turn to reuse and recycling of the waste that cannot be avoided (on- and off-site). Where appropriate, any remaining value should then be recovered from the residual waste. This might include, for example: physical sorting of waste to recover one of the components; composting; remedial treatment of soil; or incineration to recover energy, using the Island's Energy from Waste Plant. Off-site disposal to landfill should be considered as the last option.
16. At this stage, it would be appropriate to set and record indicative / realistic targets for managing each waste stream (e.g. to recycle 90% of concrete waste on-site, or to re- use 100% of soil waste off-site).
17. The determination of waste management solutions will assist in ensuring that appropriate provision is made for a waste compound, waste containers, specialised equipment (e.g. mobile crushers for recycling aggregates) and waste materials requiring licensed sites and/or registered waste carriers.
18. In considering waste management actions on-site, particular care will be needed to avoid the creation of nuisance issues, such as noise, vibration, fumes, odour, dust and contaminated dust. Nuisance issues might arise, for example, where a site is close to existing residential property and it is proposed to crush rock, or remediate contaminated material on-site.

Stage 7: Identify where and how waste will be managed and disposed of

12.19 The client or principal contractor should assign responsibility for waste management of the various waste streams to ensure delivery of the Plan. This may include a variety of appropriate parties involved in the project (e.g. the principal contractor, trade contractors and waste management contractors). These responsibilities should be acknowledged as part of the tendering process and written into the terms of contracts.

12.20 It is the role of the client or principal contractor to take reasonable steps to ensure that all waste from the site is managed responsibly and legally. Particularly important, is the need to prevent unauthorised handling or disposal of wastes by others. Under Article 23 of the Waste Management (Jersey) Law 2005[3] those carrying out waste management activities (e.g. depositing, keeping, treating, recovering or disposing of controlled waste) must do so in accordance with a waste management licence issued by the Minister for Planning and Environment, unless the activity is specifically exempt from the requirement for a licence. This law also makes provision for the registration of waste carriers involved in transport of hazardous (or health care) wastes on roads and a movement control system for such wastes (see further detail in Section 10 on the Waste Management (Jersey) Law 2005).

12.21 Where wastes are to be managed or disposed of off-site, therefore, the client or principal contractor should identify contractors for removing the wastes and ensure that they will be delivered to a suitable site / facility, which is licensed (or exempt from the need for a licence) to accept the wastes (i.e. by verifying licence numbers and making enquiries with Environmental Protection). In the case of hazardous waste such as asbestos, chemicals, oils or contaminated soils, checks should be carried out to ensure that the waste carrier is registered for the purpose. It is especially important to ensure that the amounts of contaminated material managed in this way is accurately monitored and recorded. Contracts should be put in place accordingly.

12.22 The client or principal contractor should also make provision for:

an on-site waste compound where containers for segregated and mixed use waste can be located without giving rise to pollution (including materials suitable for reuse and recycling and non-recyclable materials);

other suitable areas for storing specific waste materials, where appropriate;

monitoring general site conditions in terms of waste management; and

addressing problems resulting in unexpectedly large volumes of waste.

12.23 The responsibilities of waste management contractors might typically include:

providing skips and containers and weighing systems at the waste compound;

managing the compound;

ensuring proper segregation of waste;

monitoring waste streams to ensure the reuse and recycling potential is maximised;

transport arrangements for skips; and

reporting on the quantities of waste and recycled materials generated each week/month.

12.24 The main responsibilities of trade contractors will be to:

maintain a tidy work area;

minimise waste production;

undertake required waste material segregation on-site; and

minimise pollution to land, water and air.

Stage 8: Communicate the plan and carry out training

25. Once the SWMP has been formulated, it is necessary to let all relevant parties (including in-house and sub-contract staff) know about it and explain its requirements, why it is important and what the benefits will be. In addition to using induction programmes, talks, meetings, posters and signage to raise awareness of the SWMP and develop the required level of knowledge, there may also be a requirement to develop a training programme to ensure that everyone understands how to report the use of waste and materials.

Stage 9: Implement the Site Waste Management Plan

26. Implementation of the SWMP should begin as soon as work commences on-site. This is key to the process and critical to ensuring that the SWMP is a living document', as required by Island Plan Policy WM1. Effective implementation will involve updating the plan as often as necessary to give a current picture of how work is progressing, using appropriate data sheets.
27. For waste that is re-used or recycled on-site, the updates should record how much of the estimated amount for each waste type has been processed. For waste that is removed from the site, the up-dates should record the date waste is removed, the type and quantity of waste removed, the person / company removing the waste, the site the waste is being taken to and whether it is licensed or exempt from the need for such a licence. Waste should only be handled or dealt with by individuals or businesses that are authorised to deal with it.
28. During the implementation stage, the evolving SWMP must be kept somewhere accessible on the site to allow for periodic checks and audits by the developer and officials carrying out compliance checks.

Stage 10: Monitor the implementation

12.29 The implementation of the SWMP should be regularly monitored by an appropriate person to measure the progress being made and establish how this compares with:

waste estimates contained in the plan; and

waste management actions and targets.

12.30 This will help flag up where any significant waste management changes are made / occur during the course of the project, the effectiveness of the SWMP and whether other remedial actions need to be taken to ensure compliance with the SWMP. There may be unforeseen circumstances which make it difficult to comply with the approved SWMP and, in some cases, this might warrant a substantial revision to the plan. Any proposals for substantial changes to a SWMP during the construction process should be submitted to and approved by, or on behalf of, the Minister for Planning and Environment.

Step 11: Review the site waste management plan.

31. At the end of the project, there should be a review ofhow waste has been managed throughout the construction and how the SWMP has performed. The completed SWMP and the records of all waste management actions should be reconciled with what was

planned before work commenced. This will enable the construction company to identify where there have been deviations from waste forecasts, waste targets and planned waste management arrangements. Companies can use the information and any lessons learnt in planning their next project.

12.32 In accordance with Island Plan Policy WM1, at this post-construction stage (within 3 months of completion), the final version of the SWMP must be made available for review and the Minister for Planning and Environment must be provided with:

evidence that the plan has been satisfactorily monitored;

the reasons for any revisions made to the plan; and

an explanation of the differences between the initially approved plan and actual performance (e.g. where and why initial forecasts were exceeded or missed).

12.33 This will enable the Minister to monitor and review the performance of Policy WM1 and the effectiveness of SWMPs in helping to meet waste management objectives. It should also highlight issues that might require changes to the current policy and associated guidance.

13. Planning conditions and enforcement

1. Ensuring that requirements for proper waste management are carried out is a key concern for the Minister for Planning and Environment. Planning conditions will be attached to planning permits requiring approval of SWMPs prior to commencement on site, regular updating to demonstrate progress and overall compliance with SWMPs. The following draft standard condition is proposed:

Condition - Site waste management plan

No development hereby approved shall take place until a satisfactory Site Waste Management Plan (SWMP), confirming the steps to be taken to minimise and manage waste generation both on and off site during construction, has been submitted to and approved by the Minister for Planning and Environment. The approved SWMP and/or any substantive revision agreed by or on behalf of the Minister shall be implemented in full to the satisfaction of the Minister.

During the construction process, the approved SWMP shall be updated as often as is necessary to give a current picture of how work is progressing against the waste estimates contained in the plan.

Within three months of completion of the project, the developer shall submit to the Minister a copy of the completed SWMP, together with:

1. confirmation that the plan has been monitored on a regular basis to ensure that work was progressing according to the plan and that the plan was updated appropriately;
2. the reasons forany revisions made to the plan; and
3. an explanation of any differences between the approved plan and actual performance.

Reason: To ensure that the proposed development minimises waste production and optimises the reuse, recycling and recovery of waste resources generated during construction, in accordance with Policy WM1 of the Jersey Island Plan 2011.

2. In some cases, it may also be appropriate to use planning conditions to control individual waste management activities in developments, where they might have an impact on neighbouring land use and amenities (e.g. crushing of waste materials to form aggregates). These conditions might be used, for example, in respect of hours of operation, transport modes and movement, timescale of operations, and impacts such as noise, vibrations, odour and dust.
3. The control of construction work is also undertaken by Environmental Health, which has powers under the Statutory Nuisance (Jersey) Law 1999[4] to address construction and demolition activities that can result in nuisance type complaints. It has also published a document covering best practice on building sites[5]. Any requirements of Environmental Health in this regard may be added to a planning permit, either as a planning condition orasan informative comment'.
4. Where appropriate, in the interests of amenity, planning conditions may be attached to permits, requiring the submission of a Construction Environmental Management Plan' (CEMP) detailing measures proposed to minimise noise, dust, and vibration etc during site preparation and construction phases of the proposed development. A CEMP is only likely to be required for large scale developments which are in close proximity to residential premises and may also involve the remediation/removal of contaminated land. Typically, a planning condition will require a CEMP to be submitted to and approved by the Minister for Planning and Environment (following consultation with Environmental Health) prior to the commencement of development. It will also require implementation of the CEMP in full until completion of the development.
5. The Minister for Planning and Environment has a number of powers available to him to enforce planning control, under Part 5 of the Planning and Building (Jersey) Law2002. These powers apply equally to non-compliance with conditional requirements relating directly or indirectly to waste management in new developments.
6. Island Plan Policy WM1 makes it clear that the use of enforcement powers will be considered in appropriate circumstances where it becomes clear that the planning controls associated with SWMPs are being breached and there is intentional non-compliance with the SWMP orany required remedial action.
7. Depending on the circumstances, enforcement action could also be taken under separate legislation, including the Waste Management (Jersey) Law 2005 (see Annex 1).

14. Glossary of Terms

Aggregates – Sand, gravel and crushed rock and other bulk materials which are suitable for use in the construction industry as concrete, mortar, finishes, or roadstone, or for use as a construction fill.

Controlled Waste – as defined in the Waste Management (Jersey) Law 2005, means hazardous waste, health care waste and municipal waste.

Disposal – The eventual disposal of all waste that cannot be reused or recycled.

Energy from Waste – the combustion of waste under controlled conditions in which the heat released is recovered usually in the form of electricity generation.

Hazardous Waste – Waste that is harmful to human health or the environment if improperly contained, handled, treated, or disposed of. This includes wastes which are corrosive, explosive, flammable, infectious, carcinogenic, teratogenic, mutagenic, ecotoxic and prone to releasing toxic gases or producing leachate after disposal. Examples include asbestos, bulk chemicals, contaminated soil and paint tins.

Incineration – the controlled burning of waste to reduce volume.

Inert Waste – Waste which is stable in the presence of normal biological and chemical agents. As such, it will not undergo any significant physical, chemical or biological transformation, nor will it harm or cause adverse effects to the environment. Examples include sub-soils, concrete, brick and stone.

Landfill – The deposit of waste material onto or into land in order to dispose of it.

Leachate – Contaminated liquid which can seep from a landfill site.

Licensed Site – A waste disposal or treatment facility which is licensed under the Waste Management (Jersey) Law 2005.

Non-Hazardous Waste – Waste which will break down / decompose when buried, resulting in the production of landfill gases such as methane and carbon dioxide. Examples include timber, paper and cardboard.

Non-inert waste – Waste which is not considered inert, consisting of bio-degradable and combustible waste and other waste material such as plastic, grit and dust.

Re-Use - When reclaimed materials can be used again in the same form with minimal reprocessing (e.g. de- nailing timber joists for re-use as timber joists).  

Recycling – Recovering re-usable materials from waste or using waste material for a positive purpose. Recovery – When reclaimed waste materials are processed or disposed of in a way that creates reusable by-products that replace other materials which would have to be used for that purpose, thereby conserving natural resources (e.g. composting green waste, or incinerating waste to extract usable energy).

Registered Waste Carrier – A person who has a valid letter of registration issued under Article 43 of the Waste Management (Jersey) Law 2005, which permits him or her to move hazardous or health care waste within Jersey.

Residual Waste – In common usage it means the fraction of collected waste remaining after a treatment step, which generally requires further treatment or disposal. In the context of this guidance it can also mean the left over waste which cannot be prevented, reused, reclaimed or recovered and should be disposed of into the environment by controlled landfilling.

Spoil – Soil, rock or other ground materials excavated.

Statutory Nuisance – a nuisance is a state of affairs written in statute that seriously affects the enjoyment of someone's home or land (e.g. noise, dust, odour, smoke etc). The Statutory Nuisances (Jersey) Law 1999 is enforced by Environmental Health.

Waste – A wide-ranging term encompassing most material which is no longer wanted and requires to be disposed of (e.g. because it is broken, worn out, contaminated, or otherwise spoiled). It is defined in the Waste Management (Jersey) Law 2005 as: "any substance or object that is discarded; any substance or object in a person's possession or control that the person intends to discard; or any substance or object in a person's possession or control that the person is required by national law to discard.  

Waste hierarchy – The waste hierarchy ranks the main waste management options in order of "environmental friendliness" as follows: Minimise waste; Re-use; Recycle; Recover; and Disposal to landfill as a last resort.

Waste minimisation – measures and/or techniques that reduce the amount of wastes generated.

15. Selected Sources

Websites

14.1 There are a number of organisations which provide information and guidance on best practice in the preparation of SWMPs, including the following:

Building Research Establishment (BRE) www.bre.co.uk  

Carillion www.carillionplc.com  

The Construction Industry Research and Information (CIRIA) www.ciria.org.uk  

Constructing Excellence (in the built environment) www.constructingexcellence.org.uk  

Construction Industry Environment Forum www.cief.org.uk  

Department for Business, Innovation and Skills (BIS) – created June 2009 www.bis.gov.uk  

Department of Environment, Food and Rural Affairs (Defra) www.defra.gov.uk/environment (+ issue covered)

Environment Agency www.environment-agency.gov.uk  

Envirowise www.envirowise.gov.uk  

NetRegs (Plain English guidance on environmental regulations for business) www.netregs.gov.uk  

SMARTWaste www.smartwaste.co.uk  

Waste and Resources Action Plan (WRAP) www.wrap.org.uk  

States of Jersey – Publications

The Jersey Island Plan (2011),

States of Jersey – Department of the Environment (available on-line, www.consult.gov.je/portal/ipr/rdp)

 Solid Waste Strategy (2005),

Former Environment and Public Services Committee, (available on-line, www.gov.je/)

Waste Management (Jersey) Law (2005) (available on-line, www.jerseylaw.je/ )

Statutory Nuisances (Jersey) Law (1999) (available on-line, www.jerseylaw.je/ )

Planning Advice Note 2: Development of potentially contaminated land' (2005) (available on-line, www.govje/PlanningBuilding/LawsRegs/SPG/AdviceNotes/)

DRAFT Guidance on information to be provided in a Construction Environmental Management Plan for Health Protection (2011)

(available on-line, www.gov.je/Industry/Construction/Pages/ConstructionSite.aspx )

Other Useful Publications

An introduction to Site Waste Management Plans (2007), Envirowise

(available on-line, www.envirowise.gov.uk)

Non-Statutory Guidance for Site Waste Management Plans (2008), Department of Environment, Food and Rural Affairs (Defra).

(available on-line www.defra.gov.uk)

Site Waste – It's Criminal – A simple guide to site waste management plans, NetRegs

(available on-line www.netregs.gov.uk)

Site Waste Management – Guidance and templates for effective site waste management plans (2008),

NHBC Foundation

(available on-line www.nhbcfoundation.org)

Site Waste Management Plans – Guidance for Construction Contractors and Clients (2004), Department of Trade and Industry

(available on-line, www.constructingexcellence.org.uk//resources/publications/view.jsp?id=25).

16. Useful contacts

Planning and Building Services

Department of the Environment,

South Hill, St. Helier , Jersey JE2 4US

t: .01534 445508 f: 01534 445528

e: planning@gov.je w: www.gov.je/planningbuilding  

Environmental Protection

Environment Division, Department of the Environment, Howard Davis Farm, Trinity , Jersey JE3 5SF

t: 01534 441600 f: 01534 441601

w: www.gov.je/Environment/ProtectingEnvironment  

Head of Waste Regulation t: 01534 441616

Head of Water Resources t: 01534 441621

Environmental Health

Maison Le Pape, The Parade, St. Helier , Jersey JE2 3PU t: 01544 443712 f: 01534 445772

w: www.gov.je/environmentalhealth  

Transport and Technical Services Department

PO Box 412,

States Offices, South Hill, St. Helier , Jersey JE4 8UY

t: 01534 445509 f: 01534 445529

e: tts@gov.je

w: www.gov.je/GOVERNMENT/DEPARTMENTS/TRANSPORTTECHNICALSERVICES/  

Assistant Director – Solid Waste

t. 01534 448586

Recycling Manager

t. 01534 448589

e: recycle@gov.je  w: www.gov.je/recycling  

Manager – Materials recycling t: 01534 448555

ANNEX 1: WASTE MANAGEMENT (JERSEY) LAW, 2005 AND THE LINKS WITH THE PLANNING APPLICATION PROCESS

The Waste Management (Jersey) Law 2005 is the primary legislation governing the control and management of waste operations within Jersey. Its broad aims are:

to protect the environment and people from the harmful effects of waste management operations; and

to ensure that the Island has legislation to regulate international waste movements.

The law is administered by Environmental Protection at the Department of the Environment and its waste regulatory functions include:

issuing of waste management licences to permit waste management activities and prevent any potential negative impacts on the environment and human health;

undertaking inspections of licensed, exempt and unlicensed waste activities (including fly tipping), to ensure compliance with licence conditions and the waste legislation;

taking enforcement action where necessary;

registering persons who transport hazardous or healthcare wastes on roads;

administering and advising on the system of movement control procedures for the transport of hazardous or healthcare wastes;

responding and advising to consultations on planning applications.

It is an offence under the law for a person to cause or knowingly permit the deposit, keeping, treating, disposal or recovery of controlled waste on any land, unless it is in accordance with a valid waste management licence, or is specifically exempt from the need for a licence. It is also an offence for a person to carry out such activities in a manner that is likely to cause pollution.

Environmental Protection, as a consultee in the development planning process, will normally only support large scale development proposals which are in close proximity to residential areas or involve removal of contaminated land, where SWMP proposals are to be supported by adequate environmental management plans, in the form of a CEMP.

For the purposes of the Waste Law "Waste" means any substance or object, that is discarded, or any substance or object, in a person's possession or control, that the person intends to discard or is required by a national law to discard.

"Controlled waste" means hazardous, healthcare and municipal wastes. It includes waste from any business or trade and ashes/residues from incineration. It also covers construction and demolition wastes, including excavated sub-soils and made ground/infill, concrete, bricks, stones, rubble, blocks, plaster and tarmac.

Where excavated ground or demolition gives rise to waste which is contaminated with other substances (from past industrial use of the land or leaking underground fuel tanks for example) then special consideration is needed for the re-development of these sites and the management of wastes arising on them. Separate supplementary planning guidance is available for the development of contaminated land (see Planning Advice Note 2: Development of potentially contaminated land', October 2005.

The Waste Law defines which waste activities:

must be authorised by a waste management licence;

are exempt from the requirement for a licence.

Crushing suitable wastes to create recycled aggregate

One such exemption from licensing is crushing as specified in the Exemption Order (the Waste Management (Exemptions from Licensing) (Jersey) Order, 2006). The activity is exempt from requiring a licence under Article 23, as follows:

"Exempt activity – paragraph 10

1. Any crushing, grinding or other size reduction process, when applied to controlled waste that consists of bricks, tiles, concrete, stone or similar materials.
2. The storage of such waste at a place where an activity described in sub-paragraph (1) is to be carried out, if –
   1. the waste is tobe used in that activity; and
   2. the total quantity of all wastes specified in sub-paragraph (1) that are for the time being at that place does not exceed 5,000 tonnes.
3. In this paragraph, "controlled waste" does not include hazardous waste or health care waste."

The crushing on a development site of suitable waste (e.g. bricks, tiles, concrete, stone or similar materials) either produced at the site by demolition, or imported to the site, is exempt from the need to be authorised by a licence.

Developers who are seeking to minimise offsite disposal of demolition waste by crushing suitable demolition waste for use as aggregate either on site or as part of the development or for export and re-use off site, should ensure that these proposals are included as part of both the planning application details and the SWMP. The environmental controls which are necessary can then be considered as part of the planning application process. Developers may be required to produce a CEMP through the planning permit conditions, in order to manage emissions of dust and noise and minimise the environmental impact of crushing plant activity.

Developers who are seeking to minimise the use of primary aggregates by the importation of suitable waste (e.g. bricks, tiles, concrete, stone or similar materials) to be crushed on site for use as recycled aggregate should ensure that these proposals are included as part of the planning application and the SWMP. The environmental controls which are necessary can again be considered as a part of the planning application process.

The use of crushing plant to produce aggregates will, by necessity, involve a certain amount of associated screening to grade and size the material which has been crushed (i.e. the recycled aggregate) for a particular application or use.

Where the material imported to a development site is mixed construction and demolition and excavation wastes which needs pre-screening to extract the "bricks, tiles, concrete, stone or similar materials" from soils and fine particle size materials so that it can be crushed, then this activity is not exempt and will require a waste management licence. Such activity on a development site effectively makes it a waste treatment site and a waste transfer station if processed and segregated wastes are then re-exported from the site.

Where material is produced on a development site as mixed construction and demolition and excavation wastes which needs pre-screening to extract the "bricks, tiles, concrete, stone or similar materials" from soils and fine particle size materials so that it can be crushed, then such activity will need to be considered in the planning process and be controlled through the planning process.

The  use  of  waste  soils  and  aggregates  for  site  level  changes  and landscaping

Development may require the re-use of waste soils or other inert materials generated on site or require imported waste materials for landscaping or changing levels and ground profiles on site. If this is necessary for the development and the deposit and use of the material will be or is authorised through the planning permit and associated development plans, then the deposit and use of the waste materials will be exempt from the licensing requirements of the Waste Management (Jersey) Law 2005.

Such a use would be exempt from licensing under paragraph 5 as specified in the Exemptions Order (the Waste Management (Exemptions from Licensing) (Jersey) Order, 2006). The activity is exempt from requiring a licence under Article 23, as follows:

"Exempt activity – paragraph 5

1. The use of a controlled waste in a way that is beneficial to the environment, if –
   1. it is put to use without further treatment; and
   2. the use does not amount to disposal.
2. The storage of a controlled waste at any place, if –
   1. the waste is tobe beneficially usedin accordance with subparagraph (1); and
   2. the quantity that is for the time being stored at that place does not exceed 100 tonnes.
3. In this paragraph, "controlled waste" does not include health care waste."

This exemption can be relied upon where the use of waste material is demonstrated to be necessary for a particular development site through the planning application. If the purpose of depositing material arising from a development site at the same development site is purely to dispose of it and avoid having to export it, then the exemption would not apply and a waste management licence would be required.

Where it is necessary to import material, auditable records should be kept of the sources of such material and verification of its clean, uncontaminated and inert nature. In consultation with Environmental Health through the planning application process, a risk assessment of the hydrogeological setting in which the material is to be deposited may be necessary, in order to protect the environment (e.g. nearby groundwater, abstraction boreholes, surface water courses).

If a development has a planning permit and the importation of material is necessary for the development, then it should be controlled through the planning permit and not have to be licensed as a waste management site.

In order to comply with the Waste Management (Jersey) Law 2005, there is an important point to remember for developers seeking to reduce off site waste disposal by leaving materials on site. There must be a reason for the deposit of the material on site and this

should form part of the development proposal and be permitted by the planning permit (i.e. by reference to the application plans and subsequently agreed development details). It is not acceptable for disposal of on site waste to take place – for this a waste management licence must be in force permitting the disposal.

ANNEX 2: CHECKLIST

This checklist is provided to assist all those involved in waste management planning to help ensure compliance with Island Plan Policy WM1 and the principles set out in this supplementary guidance.

ANNEX 3: EXAMPLE PROFORMA FOR SITE WASTE MANAGEMENT PLAN

SITE WASTE MANAGEMENT PLAN

SUMMARY OF CONSTRUCTION PROJECT

MANAGEMENT RESPONSIBILITY

WASTE MANAGEMENT UNDERTAKING

DISTRIBUTION STATEMENT

e.g. The Principal Contractor shall distribute copies of this plan to the Client, the Project Manager, the Waste Management Co-ordinator, the Waste Champion and each Subcontractor. This will be undertaken every time the plan is updated.

INSTRUCTION AND TRAINING STATEMENT

e.g. The Principal Contractor will provide on-site instruction of appropriate waste separation, handling, recycling, reuse and return methods to be used by all parties at all appropriate stages of the project.

Toolbox talks will be carried out every month on waste issues and all subcontractors will be expected to attend. The SWMP will also be mentioned in the site induction process. This  will  ensure  that  everyone  feels  they  are  included  and  that  their participation is meaningful.

FORECAST WASTE PRODUCTION CHECKLIST

PRIORITISED WASTE REQUIRING MANAGEMENT – ENABLING WORKS (INCLUDING DEMOLITION)

PRIORITISED WASTE REQUIRING MANAGEMENT – CONSTRUCTION WORKS

WASTE MINIMISATION STATEMENT AND RECORDED ACTIONS TO REDUCE THE AMOUNT OF WASTE ARISING.

e.g. From the earliest stages of the project, consideration has been given to minimising the waste produced, in order to reduce the amount of waste that must be removed from the site. The Design Team, Subcontractors and Suppliers are all being encouraged to examine ways in which the amount of waste produced on the site can be minimised. Up-to-date actions are set out in the following table and this will be expanded as new waste minimisation actions are identified:

TARGET SETTING FOR RE-USE/ RECYCLING / RECOVERY – ENABLING WORKS

TARGET SETTING FOR RE-USE / RECYCLING / RECOVERY – CONSTRUCTION WORKS