Excavated Waste Legislation Changes
Effective from 30th April 2020, the Environment Agency Regulatory Position Statement 211 means that companies producing, transporting, keeping, processing,controlling using or disposing of excavated waste from unplanned utilities installation or repair works are required to classify their waste – no matter what the volume.
How will this affect me?
All waste needs to be tested and assessed in line with EA document WM3 v1.1 (2018). This requires the first stage of the Waste Acceptance Criteria (WAC) process: Waste Characterisation of the Solid Material.
What are the financial implications?
Non-classification of waste means that it will be automatically assumed as hazardous (£91.35 per tonne as of tax year 2019/20) as opposed to non-hazardous (£2.90 per tonne).
For a 10m3 lorry (c.18 tonnes) this will be either £52.20 (non-hazardous) or £1,644.30 (hazardous) and this is exclusive of haulage.
For the material to be classified as “Inert” it would require the second stage of the WAC process; which is an eluate tested to BS 12457-2.
Only a non-hazardous material may be classified as Inert.
But although a material may be deemed non-hazardous, that does not necessarily mean it will pass the Inert category. Material containing free asbestos fibres or Asbestos Containing Materials (ACMs) cannot be classified as Inert. Material containing ACMs is likely to be either classified either as hazardous single material or as hazardous mixed waste (i.e. indicating that separation is possible).
What’s the bottom line?
Disposal facilities will not accept your material without a testing certificate.
Testing takes time, so it is worth getting the material tested prior to excavation. It is anticipated that due to the implementation of this new legislation laboratories will soon be at capacity so, please, plan as much as you can.
Kiwa CMT can offer sampling, testing and assessment services to assist with your waste material testing needs. Call our Geo-environmental Team on 01332 383333 or email firstname.lastname@example.org