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These FAQs may be subject to change periodically.

DoWCoP FAQs - General

Audits will be arranged by the relevant National Environment Agency team and carried out with assistance of local Area staff. Staff carrying out audits will be fully conversant with relevant waste legislation and the content and aims of the DoWCoP. For consistency purposes any queries on interpretation including issues such as bulking and consolidation will be resolved in consultation with the National team.
Most audits will be undertaken within 6 months of the submission of a Declaration. However audits can be triggered at a later date if complaints are received about a site or a pollution incident is subsequently reported. A risk based decision will be taken as to whether to retrospectively enforce the requirements for an environmental permit if problems are found at any site.
Yes - See section A3.3 Fixed Soil Treatment Facilities of the Version 2 of the DoWCoP.
Potentially: The Pulverised Fuel Ash would have to constitute made-ground and be excavated and re-used as earthworks materials as part of a defined Hub and Cluster development. However the filling of mineral voids is commonly regarded by the Environment Agency as a landfilling activity which would rule out the use of the DoWCoP.

Article 14 of the Waste Framework Directive requires necessary measures to be taken to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and in particular:

  • without risk to water, air or soil, or to plants or animals;
  • without causing a nuisance through noise or odours;
  • without adversely affecting the countryside or places of special interest.

In assessing the suitability of materials (and hence waste status) one has to consider not only the circumstances in which they arise but also the circumstances in which they are to be used. When considering “Site of Origin” scenarios, an acceptable level of risk to the environment is defined in the context of the sites current/baseline condition. This enables the re-use of otherwise contaminated materials on the basis of waste minimisation; land quality is being maintained or enhanced, thus achieving the objectives of the Waste Framework Directive.

When considering the importation of foreign materials to a site it is important to ensure that the materials will be used in a way that achieves the same goals. If materials were imported to a site so that new hazards were created, or existing hazards increased the net effect would be to increase the level of risk posed to human health and the environment. This would be contrary to the objectives of the waste framework directive. It should be remembered that land-use can and does change over time meaning that any new hazards created by importation of materials will have to be dealt with in due course. The net effect is that land quality would have been degraded rather than maintained or enhanced; this is not considered sustainable.

The differential between the costs of disposal of hazardous vs. non-hazardous materials also make it attractive to criminals to undertake “sham recovery” operations whereby the development itself is secondary to the profits to be made in circumventing legal controls on disposal. By providing clear guidance in the DoWCoP regarding such matters the Environment Agency hope to dissuade its potential exploitation in this manner.

The following simple approach can be used to ensure that you do not inadvertently introduce new hazards to a receiver site OR significantly increase the hazards that are already present:

  1. Define the quality of the material you need at your receiver site by reference to a site specific risk assessment as normal. Remember that in order to be suitable, materials must not cause pollution or harm to human health / environment (including controlled waters) at the location where they are to be used.
  2. Check whether the values derived would fall above the current thresholds used for hazardous waste classification purposes.
  3. If any of the values are above these thresholds then alter the materials specification to limit the allowable levels of these substances to below the thresholds.

In most cases this conservative approach will be sufficient to prevent the importation and reuse of materials in a way that the Regulator may consider to be “Sham Recovery”. It should also prevent the inadvertent creation of any significant problems for any future regeneration of the site.

In the unlikely event that the concentration of some substances at the receiver site are already above the hazardous waste classification thresholds but are not posing any unacceptable risks (as demonstrated by your site specific risk assessment agreed with the regulators), then raise the issue with the Environment Agency when seeking approval for the Cluster Project. In exceptional circumstances you may be allowed to import materials with levels of substances equal to or below the levels already existing at the receiver site. To do this the Environment Agency will need to be satisfied that the proposal is not unnecessarily substituting hazardous materials for non-hazardous alternatives (i.e. Sham Recovery).

The new Materials Management Plan form is designed to be used for all scenarios covered by the DoWCoP. Not all fields within the form need to be completed for every scenario.
Version 1 of the DoWCoP stated “comprehensive Site Investigation” which was considered too onerous for every site, for example at some sites no investigation would be necessary. However, in other situations more than just a Ground Investigation will be required e.g. Desk Top Study, therefore the steering group suggested the term “adequate Site Investigation” as an appropriate compromise.

Material placed beneath buildings and hard standing such as car parks and roads within the land being developed is not waste, if the material is demonstrated to be non-waste by evidence of suitability for use and the works are carried out in accordance with the requirements of the CoP.

Where there is any dispute regarding the use of material in this way then readers are referred to the Environment Agency guidance “Defining Waste Recovery: Permanent Deposit of Waste on Land”.

Where excavated material is not suitable for the proposed use it will be waste and hence the CoP will not be applicable. For example if the material has to be placed in an engineered cell and managed to prevent harm to human health or pollution of the environment then this would be viewed as having been discarded as waste. This will be a landfill and require an environmental permit. There is a distinction between this scenario and that relating to cover layers above.

The need to distinguish between “contaminated” and “uncontaminated” soils is no longer considered necessary. These are self-defining terms on a site specific basis having regard to the risk assessment, e.g. some soil may not be considered contaminated for a given land use, but would be for a more sensitive land use, on the same site.

No it is not likely to be waste. Typical uses of recovered aggregate include pipe-bedding and selected backfill to sewer excavations; carriageway sub-base construction; and the construction of vertical, granular filled drains to aid consolidation of compressible clays.

Bentonite slurry cut-off walls: Bentonite / cement slurries are used to construct vertical barriers in the ground to prevent groundwater movement or to contain contaminants.
Depending upon the site-specific circumstances, this would either not require an Environmental permit or may comply with the EA Enforcement Prosecution Policy Functional Guidelines. Reference should be made to the EA Remediation Position Statement Guidance for details.

Construction activities carried out on uncontaminated soils solely for the purpose of improving geotechnical properties are not generally regarded as waste treatment operations and do not require a permit. These include:

  • Lime/Cement Stabilisation: Stabilisation of soils with high moisture content to improve their compaction characteristics by mixing with lime-cement or cement only. If the lime is considered to be a waste material, or if the treatment is required specifically to recover a discarded material this may need to be reconsidered.
  • Vibro Compaction: Vibratory techniques to improve the bearing capacity of weak soils (often made ground).
    These techniques use a vibratory poker that is lowered into the ground under its own weight. In most cases, stone is introduced into the ground either down the centre of the poker or into the hole when the poker is removed. The poker applies further compactive effort until adequate resistance is achieved. The combined affects of the vibration and the introduction of the stone result in an increase in the density of the soil and a consequent improvement in bearing capacity. This activity must be carried out in accordance with requirements of the EA published guidance "Piling and Penetrative Ground Improvement Methods on Land Affected by contamination: Guidance on Pollution Prevention. NC/99/73".
  • Dynamic compaction: This technique involves dropping a heavy weight from considerable height to compact weak soils (often made ground). A series of ‘footprints’ are formed which are subsequently filled with granular fill. This may either be a primary aggregate or a re-cycled material. Dynamic compaction is not a waste treatment activity (unless it is being done on a landfill site for example) and any risk to controlled waters must be addressed during the assessment of the Planning permission.
  • Surcharging: This technique involves placing soils in a mound to compress weak soils thus reducing future settlement potential. If the material used for the surcharging is generated and then reused (in line with the CoP) on the site it should not require a WFD permit or Exemption. However if the material is to be imported or exported from the site after use there may be requirements for waste permitting.
  • Piling: There are various forms of piling which are used to transfer structural loads through weak soils to more competent materials at depth. These range from driven displacement, bored and continuous flight auger bored piles. A WFD permit will not be required for this activity. The piling activity must be carried out in accordance with requirements of the EA published guidance "Piling and Penetrative ground Improvement Methods on Land Affected by contamination: Guidance on Pollution Prevention. NC/99/73".
  • Soil Reinforcement: This technique involves the introduction of geo-textiles or ‘geogrids’ to layers of soil (often made ground) to improve load distribution and bearing capacity. This technique is also often applied to improve the slope stability of soils to facilitate construction of steep sided embankments. A variation, to improve the stability of cuttings, is the use of ‘soil nailing’ whereby rods are ‘fired’ into the ground at regular intervals.

In certain DoW CoP scenarios liaison with the regulators is either required or the most appropriate option. This liaison DOES NOT require the EA or NRW officers to assess / read / approve MMPs. It provides an opportunity for projects to flag the sites intentions to use the DoW CoP and for the regulators to share any concerns they have about the site, operator or neighbourhood.

For reuse on Site of Origin of non-naturally occurring materials the EA / NRW do their responses through the normal planning matrix process on reports, remediation strategies etc. EA / NRW Waste teams and / or GWCL teams should just check, if treatment is involved, that a MTP is deployed appropriately.

EA / NRW Waste officers do not always require consultation for direct transfers of clean naturally occurring materials between two sites, if there is a clearly referenced desk study or site investigation report which confirms the site has no previous contamination issues. The QP is required to review and confirm this by providing the document reference in the Declaration.

Consultation is required for Cluster projects to agree the donor sites and receivers sites ahead of any transfers. This is just agreeing the sites, location  and timeframes NOT the MMPs. The regulators may ask to see MMPs if they so wish.


DoWCoP FAQs - Aggregates Protocol

The Environment Agency’s concerns centre on potentially polluting substances that can be associated with infrastructure e.g. pipes and tanks that may have residue products within them, concrete with adhered asbestos etc…. Other excavated infrastructure can be reused under the DoWCoP on the Site of Origin and receiver sites within a Cluster. If fully complied with the Aggregates Protocol allows for inert materials to be used at any site, including those currently not within the scope of the DoWCoP.
BREW looked at this, but it was felt that the inherent multifunctionality elements of the programme contradicted the Government's suitable for use and risk based approach. The recommendation from that work was to build upon the Environment Agency guidance “Definition of Waste: Developing on Greenfield and Brownfield sites”, which the DoWCoP does. There is no single definition of what is "clean" that can be provided for soil that would allow it to be used at all sites and in all circumstances, unless of course it is inert and linked to a Quality Protocol.

DoWCoP FAQs - Qualified Persons (QP)

No. Individuals will, as of January 2013 be expected to attend the one day training course again. This is required due to the amount of time which has passed since the versions changed.
  1. At what point in the process should these discussions take place?
    At project planning stage.
  2. Who is the point of contact?
    Enquires should be directed to the local Environment Agency office in the first instance. Where a Cluster project straddles Environment Agency area boundaries then the area where the Hub site is located should be contacted. Assistance will be given by NTS – Geoscience team if required by the local team
  3. What information needs to be submitted to get this agreement?
    A Material Management Plan covering the sites concerned which contain the lines of evidence such as Hub site permit, contractual interrelationships and responsibilities, mass balance calculations etc. (also see paragraph A3.14 - DoWCoP Version 2)

Given that there is no suspicion of contamination there should be no need to consult. The Qualified Persons should satisfy themselves prior to signing the Declaration that there is evidence to support this e.g. Desk Top Study.

It will be good practice for the Qualified Person to include a clear request to see all relevant documents and to record those documents provided to them that formed the basis for the signed Declaration. It would be prudent to have a “full disclosure” clause in any contractual agreement between the Qualified Person and the person commissioning the works.

Under Route B – Direct Transfer – would there now be a need to consult?

Liaison with regulatory authorities regarding any development should continue as normal (e.g. discussions with local planning authority etc.) however there is no need to specifically consult the Environment Agency / Local Authority about remediation objectives or suitability of materials if such materials fit the description set out in Appendix 2 of the DoWCoP relating to Direct Transfer.

The purpose of this requirement is to avoid the application of the DoWCoP in situations where there is already an on-going dispute regarding the proposals at the site, for example where the remediation proposals do not satisfy the requirements of the regulator(s). The person commissioning the Qualified Person needs to provide evidence so that the Qualified Person can be confident in signing the Declaration. This can take the following forms:

Route A – where contamination is present or suspected:

  • Actual correspondence (e.g. letters, e-mails, minutes of a meeting etc…) clearing stating this.
  • Correspondence showing that the regulator has been approached but has declined to comment in detail on the proposal or has provided generic advice only.
  • Correspondence showing that a real attempt has been made to engage with the regulator but that no response has been received (a minimum 21 day period should have elapsed before this could be demonstrated).
  • The planning permission provides a clear link to the approved Remediation Strategy (where planning is applicable).

Route B –contamination not suspected:

  • Actual correspondence (e.g. letters, e-mails, minutes of a meeting etc…) clearing stating this.
  • Correspondence showing that the regulator has been approached but has declined to comment in detail on the proposal or has provided generic advice only.
  • Correspondence showing that a real attempt has been made to engage with the regulator but that no response has been received (a minimum 21 day period should have elapsed before this could be demonstrated).
  • Desk Top Study clearly indicates that no contamination is suspected, hence no need for consultation (see FAQ 9a above) and therefore it is reasonable to conclude that there is no objection in relation to the use of the materials in accordance with the Material Management Plan.
  • The planning permission provides a clear link to how the materials are to be dealt with (where planning is applicable).
  • The Design Statement clearly sets out how the materials are to be dealt with and the Statement has been agreed e.g. correspondence, minutes or there is a clear link from a planning permission (where planning is applicable).
  • There is some confusion over the subject of “agreement” and reference to the “no objections” statement in the Declaration. It is the Declaration wording that is most important. The reference to “no objections” is relevant to objections to waste management issues and the detail of the DoWCoP documentation – rather than objections to other aspects of a planning submission e.g. flooding.
Reviewing in this context means making sure that all documents are there and that e.g. risk assessment conclusions align with specification and the Remediation Strategy. Checking means working through the risk assessment, for example, to check that conclusions are right – this is deliberately not required in the DoWCoP as the Qualified Person would be straying into territory of others. The Steering Group did not want to have work paid for twice and did not want confusion in relation to roles and responsibilities. It was a deliberate decision to limit the role of the Qualified Person and hence liabilities remain as they were before the introduction of the DoWCoP.
Yes. The role of the Qualified Person is deliberately limited to that set out in the DoWCoP. If the Qualified Person was to come across any fundamental error in any of the documentation (this is not just restricted to the Risk Assessment) then it is expected they would raise the issue with the person who commissioned them as a Qualified Person. However that would be done outside of the requirements of acting as a Qualified Person.
The expectation is that the person commissioning the Qualified Person should provide a summary which only details the parts relevant to the DoWCoP. It would be prudent for the Qualified Person to provide a pro-forma / questionnaire to the employer setting out what aspects need to be presented e.g. roles and responsibilities of the various parties relating to the reuse and treatment of excavated materials, contingency arrangements etc...
This will depend on the complexity of the project, how the information is to be presented and the market rate of the individual Qualified Person.

Chartered status is required. Experience and chartered status are tackling two different aspects. Chartered status supports the statements made in the DoWCoP relating to self-regulation and a high level of professional integrity. That is not to say that the criteria may not change in the future following a sufficient period of the DoWCoP being used.

Note that in terms of experience Qualified Persons should have a track record in site investigation / remediation and waste management issues.

Yes provided that they attended a recognised training course, and meet the other requirements, such as registration set out in Appendix 6 of the DoWCoP.

There should be no possibility of Qualified Persons checking their own work. As such, it is considered that any direct involvement in the initial stages of the project, or its establishment, will exclude someone from acting in the Qualified Person role on that project.

Once the Declaration is completed, signed and submitted, the Qualified Person role is finished and that person could go on to take a direct role in the management and execution of the project. Note, however, that in a Cluster project, there may be a number of Declarations to be completed and also the possibility of adding to that number if further sites join the Cluster. If the Qualified Person has become involved in the management and execution of the Cluster project having completed the initial Declaration(s) then a new Qualified Person will be required to deal with such additions.

All Declarations are added to CL:AIRE Declaration management system. Submissions are checked for mistakes or missing entries. Once all required information is included, CL:AIRE issue a Declaration receipt to the Qualified Person. This carries a copy of the submitted information and is copied in to either the Environment Agency or Natural Resources Wales. The regulators add the information to their respective systems which informs local area teams. 

No, neither required nor desirable. The Environment Agency will disseminate and manage decisions regarding audits etc. from the centre.
CL:AIRE is the recognised Registration Body. Details of those requesting to be registered as a Qualified Person should complete the Qualified Person Declaration and submit it to CL:AIRE who will administer applications of those wanting to become a Qualified Person.

There is no requirement for the Qualified Person to be further involved with the project once the Declaration is submitted. There is no mechanism for retracting a Declaration within the DoWCoP, even when there is a material change to the project.

It is important that people involved with the excavation and reuse of materials understand the requirements of the DoWCoP e.g. they would be responsible for amending the Materials Management Plan and recording what actually happened to that material in the Verification Report.

No – liabilities remain as they currently are without the use of the DoWCoP.

The Qualified Person is signing the Declaration confirming everything is in place. The actual use of materials outside of the agreed specification would occur after the Qualified Person’s involvement.

If a Qualified Person is found to have fraudulently completed a DoWCoP Declaration then their registration will be reviewed.

The Environment Agency has revised their position and an acknowledgement will be sent after submission of the Declaration.
The Qualified Person should keep a record of all of the documents that were provided to them for review.
Yes. Provided that it was strictly review, with no detailed involvement. Independence from the running of the project would need to be clearly demonstrated.

As of October 2016, QPs have been asked to:

  1. Enquire whether the project has been the subject of an application for a deposit for recovery permit and if so whether that application (or preceding waste recovery plan proposal) was refused.
  2. Establish and record the contractual relationship in place between the supplier and recipient of soil materials.
  3. This requirement arrives from the outcomes of the Tarmac Aggregates Ltd v The Secretary of State for Env. Food & Rural Affairs & Anor (2015). The Court of Appeal found against the EA in its refusal to grant a Standard Rules Permit for recovery. The outcome was based on the fact the works would have occurred even if use of non-waste materials were required.

There was discussion during the case of the Wallasea Island project which was granted a recovery permit, despite the fact it could not prove the same e.g. the project would not have been feasible without a recovery permit. This case suggests the EA may have erred in granting the recovery permit to Wallasea Island, in which case it would be considered a waste disposal operation.

The DoW CoP specifically precludes its use on disposal sites in para 1.15

It follows that a projects viability without reuse of waste materials in place of primary materials becomes critical and precedes any attempt to define materials as a non-waste e.g. applying the DoW CoP.

Where a project has been refused a recovery permit and/or the recipient of the soil is being paid to accept it, then project teams should also seek further advice from the EA / NRW. Project teams are advised consider how they can summarise and prove a projects viability at the earliest possible stage to support the Qualified Person review. This might be most easily achieved by showing that planning decisions prove the need for the materials and that the project would be financially viable if primary materials had to be used to source the required volumes.

Website Registration

All Qualified Persons should already have a website login.

Once you are logged in, please:-

  • Check your profile (click “Update My Profile” from the Actions box on the top left of your Dashboard) and ensure your details are fully up-to-date.
  • Click “Renew QP Registration” from the Actions box on your Dashboard.
  • Check your contact details before confirming the status statement. If anything is incorrect please click the ‘My Profile’ hyperlink as instructed and confirm the Declaration.
  • Ensure you upload documentary evidence of active Chartered status (e.g. copy of subscription receipt).
  • Once all details are up-to-date and you have confirmed no change in your professional status, click on “Add to Cart” and complete the purchase of your renewal.
  • You will be given the option to enter a Purchase order but this is not mandatory.
  • Choose your payment method:
    1. Payments can be made by BACS (details are on the invoice) or immediately online by credit card via PayPal (no PayPal account required).
    2. If you wish to pay by credit card over the telephone, choose the invoice payment option and call our Accounts Department between 10 am and 2 pm Mon to Fri.
  • Completing the purchase process will create an invoice. 

DoWCoP FAQs - Construction Activities

Material placed beneath buildings and hard standing such as car parks and roads within the land being developed is not waste, if the material is demonstrated to be non-waste by evidence of suitability for use and the works are carried out in accordance with the requirements of the CoP. Where there is any dispute regarding the use of material in this way then readers are referred to the Environment Agency guidance “Defining Waste Recovery: Permanent Deposit of Waste on Land”.
Where excavated material is not suitable for the proposed use it will be waste and hence the CoP will not be applicable. For example if the material has to be placed in an engineered cell and managed to prevent harm to human health or pollution of the environment then this would be viewed as having been discarded as waste. This will be a landfill and require an environmental permit. There is a distinction between this scenario and that relating to cover layers above.
The need to distinguish between “contaminated” and “uncontaminated” soils is no longer considered necessary. These are self-defining terms on a site specific basis having regard to the risk assessment, e.g. some soil may not be considered contaminated for a given land use, but would be for a more sensitive land use, on the same site.
No it is not likely to be waste. Typical uses of recovered aggregate include pipe bedding and selected backfill to sewer excavations; carriageway sub-base construction; and the construction of vertical, granular filled drains to aid consolidation of compressible clays.
Bentonite slurry cut-off walls: Bentonite / cement slurries are used to construct vertical barriers in the ground to prevent groundwater movement or to contain contaminants. Depending upon the site-specific circumstances, this would either not require an Environmental permit or may comply with the EA Enforcement Prosecution Policy Functional Guidelines. Reference should be made to the EA Remediation Position Statement Guidance for details.

Construction activities carried out on uncontaminated soils solely for the purpose of improving geotechnical properties are not generally regarded as waste treatment operations and do not require a permit. These include:

  • Lime/Cement Stabilisation: Stabilisation of soils with high moisture content to improve their compaction characteristics by mixing with lime cement or cement only. If the lime is considered to be a waste material, or if the treatment is required specifically to recover a discarded material this may need to be reconsidered.
  • Vibro Compaction: Vibratory techniques to improve the bearing capacity of weak soils (often made ground). These techniques use a vibratory poker that is lowered into the ground under its own weight. In most cases, stone is introduced into the ground either down the centre of the poker or into the hole when the poker is removed. The poker applies further compactive effort until adequate resistance is achieved. The combined effects of the vibration and the introduction of the stone result in an increase in the density of the soil and a consequent improvement in bearing capacity. This activity must be carried out in accordance with requirements of the EA published guidance "Piling and Penetrative Ground Improvement Methods on Land Affected by contamination: Guidance on Pollution Prevention. NC/99/73".
  • Dynamic Compaction: This technique involves dropping a heavy weight from considerable height to compact weak soils (often made ground). A series of ‘footprints’ are formed which are subsequently filled with granular fill. This may either be a primary aggregate or a recycled material. Dynamic compaction is not a waste treatment activity (unless it is being done on a landfill site for example) and any risk to controlled waters must be addressed during the assessment of the Planning permission.
  • Surcharging: This technique involves placing soils in a mound to compress weak soils thus reducing future settlement potential. If the material used for the surcharging is generated and then reused (in line with the CoP) on the site it should not require a WFD permit or Exemption. However, if the material is to be imported or exported from the site after use there may be requirements for waste permitting.
  • Piling: There are various forms of piling which are used to transfer structural loads through weak soils to more competent materials at depth. These range from driven displacement, bored and continuous flight auger bored piles. A WFD permit will not be required for this activity. The piling activity must be carried out in accordance with requirements of the EA published guidance "Piling and Penetrative ground Improvement Methods on Land Affected by contamination: Guidance on Pollution Prevention. NC/99/73".
  • Soil Reinforcement: This technique involves the introduction of geotextiles or ‘geogrids’ to layers of soil (often made ground) to improve load distribution and bearing capacity. This technique is also often applied to improve the slope stability of soils to facilitate construction of steep sided embankments. A variation, to improve the stability of cuttings, is the use of ‘soil nailing’ whereby rods are ‘fired’ into the ground at regular intervals.
  • Reinforced Concrete Raft Foundations: This is a common foundation solution used on weak or potentially expansive soils. Certain ground conditions, in particular expansive clay soils require the foundation to be constructed on a bed of compacted granular material made from primary aggregate.

The removal of more than or equal to 20m3 /day water may require the granting of an Abstraction Licence under the Water Resources Act 1990. However, the current Environment Agency position is not to require a permit for pumping water that has gathered in an excavation if the water is to be disposed of solely to prevent interference with building operations. Any changes to this position will be publicized via the EA or DEFRA websites.

Dewatering of excavations: Where extractions have to penetrate below standing groundwater levels, dewatering will be required. A number of techniques ranging from sump pumping, to the use of external well points or deep wells can be used. Discharge of the pumped water may require a permit but the activity does not fall within the remit of the WFD.

Infiltration Drainage: Sustainable urban drainage solutions (SUDS) often call for infiltration of collected surface water to maintain surface water discharges from a developed site as closely as possible to the rates prior to development. This can occur on greenfield and brownfield sites, although we would not encourage this on contaminated sites. Discharge consents may be required but these activities do not fall within the WFD.


DoWCoP FAQs - CLUSTER

Yes - That is the simplest Cluster model.

Yes – provided the Environmental Permit allows for that particular treatment and that the wastes are adequately separated from treated materials associated with the Cluster project.

Any particular activity must not extend beyond what was reasonable for the Cluster project, remembering that Cluster is a temporary activity.

No, but the work on it has fed into the DoWCoP and the Cluster Guide.
Yes it could pass through the Hub site without treatment if all in line with the DoWCoP i.e. suitable for use is just one factor that has to be satisfied. The rationale for this is that the Hub site operator becomes the holder of the waste as it is accepted at the Hub site. As the holder of waste the Hub site operator can not allow it to leave the site as non-waste unless he/she is satisfied that the DoWCoP has been followed in relation to the receiving development site.

It should be returned to the Hub site (see DoWCoP paragraph A3.13).

It would be prudent to use a registered waste carrier in transporting non-wastes from the Hub site to aid in this scenario i.e. it is easier to raise Duty of Care transfer notes than enter in to a new contract with a registered waste carrier to return the load. (There is no need to use transfer notes for material considered to be non-waste – it is recommended that you do not use transfer notes as Delivery tickets).

Yes to facilitate treatment, but not for disposal. Blending should only be for operational reasons, not to achieve dilution.
Yes – before and after treatment. It can cease to be waste upon other DoWCoP criteria also being satisfied (see Watch Point 16).

Yes. The Cluster concept recognises that opportunist sites may appear once the Hub site is established and provides a lower cost opportunity for developing land, this may include Donor and / or Receiver sites.

The defined Cluster project would then have to be re-defined to include the opportunist site (or sites). See Watch Point 17.

Yes – provided the contingency arrangements and contracts identify who is responsible for it, what will happen to it and that sufficient funds are in place to deal with it satisfactorily.

The mass balance across the sites needs to aim for this surplus amount to be as small as possible in the first instance (see paragraph A3.10).

The Cluster concept recognises that new sites may be subsequently added to a project and this can include an additional Receiver site that has a need for it.

This would hinge on the certainty of use and the time scale involved, but does fit within the scope of the DoWCoP. The Materials Management Plan should clearly identify the phased approach.
It is determined on the basis of the local market and contractual arrangements (including risk and profit sharing).

No. See Watch Point 15. The process should:

  1. Set your specification for suitability based upon a site specific risk assessment for the receiver site.
  2. Check whether or not the levels of any contaminants in that spec are above hazardous waste thresholds.
  3. If they are then modify the specification to reduce the acceptable level for those contaminants to below the hazardous waste threshold.


DoWCoP FAQs - Verification Reports

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).

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.
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.

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.

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.
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)
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.
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.

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).

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)

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.