Waste (Wales) Measure 2010 Site Waste Management Plans

Transcription

1 The Chartered Institute of Building submission to the Welsh Government on the consultation Waste (Wales) Measure 2010 Site Waste Management Plans 24 th April 2013

2 Waste (Wales) Measure 2010 Site Waste Management Plans Introduction The Chartered Institute of Building (CIOB) is at the heart of a management career in construction. We focus on those entering and already in a management career in construction by delivering qualifications and certifications that meet the needs of a changing industry. We work with members, employers, academia and governments across the globe to drive forward the science and practice of management in construction. We welcome the opportunity to respond to this consultation. General comments The CIOB acknowledges that the management of construction and demolition (C&D) waste remains an important issue for the construction industry. We recognise that successful waste management requires leadership and commitment at all levels of construction management. Moreover, setting performance benchmarks/targets, coupled with the measuring and reporting of on-going progress, is a key part of effective construction waste management. Building (CIOB) Full Response Question 1: The Welsh Government welcomes your views on the draft regulations as a whole and whether (a) the definitions are clear (b) roles and responsibilities are clearly outlined, including who is responsible when an offence has been committed (c) the proposals in the consultation document are met sufficiently (d) there are any other matters that need defining? No. Question 2: What are your views on placing responsibility for producing and complying with a SWMP fully on the Client? We believe that the client must take on an active role with a degree of responsibility for ensuring that a SWMP is produced and complied with. The production and compliance should then be implemented by the entire project team. This relationship ensures that all the relevant parties are aware of their role relating to the SWMP.

3 We do not believe that full and total legal responsibility should fall upon the client, who normally will employ others in the construction process. But the client does have a duty to ensure that the SWMP is prepared and complied with. Question 3: Do you agree with the Welsh Government s proposals for roles and responsibilities? While we recognise that the proposals strongly recommend designers consider opportunities for waste prevention and minimization, we also believe that there should be a more formal recognition of this. Designs are often well developed before contractor involvement (e.g. siting of the structure(s), materials to be used etc.) which can act as barriers when it comes to implementing best practice waste efficiency opportunities. Therefore, the designer should take more of an active and indeed formal role than is currently specified in the roles and responsibilities. Otherwise, we agree with the proposals outlined but believe that the core responsibilities for the client could be made clearer and more explicit. For example, 9.18 of the guidance document states that the Client and Principal Contractor must retain copies of the Final SWMP for two years from the date of the end of the project, but this requirement is not made clear under Table 1 of the Core Responsibilities. Question 4: The Welsh Government seeks your views on the proposals and the step by step process that has been outlined for the SWMP system. Broadly speaking, the proposed step by step process is clear, but we seek clarification as to which body will be responsible for enforcing reviews of SWMPs sent to local authorities (7.15 of the Statutory Guidance). We also hold concerns under 7.20 of the guidance whether the risks are presented clearly to those starting a project prior to clearance for a SWMP from a Local Authority. It should also be noted that a number of contractors already fill out and apply SWMPs to the construction process without fees and the enforcement of this should not attract additional fees. A large body of advice is already available online through SWMP templates that run through the process. If the plan follows an adopted recognised template, its compliance would be straight forward. If done electronically, its compliance may be judged by whether key stages of information have been filled out. Upon completion of the SWMP validation checks should indicate whether all the necessary information has been entered. Question 5: Do you agree with the Welsh Government s proposals? We highlight below our concerns and recommendations:

4 7.1 the Welsh government should consider using the CDM regulations as the threshold for which SWMP will be applicable. 7.6 & 7.7 agree, but in many cases (even on small scale work) construction work is carried out by a series of contractors, not a single contractor, and the client may also be assuming the role of a project manager. Therefore, the SWMP should be tailored to suit a more simplistic approach. Question 6: Do you agree with the proposed exemptions and the nature of the exempt activities as outlined above? Clarification may be required on what exactly constitutes urgent or emergency repair work. Question 7: Are there any other type of projects or activity that the Welsh Government should consider exempting from the SWMP Regulations? We are not aware of any projects or other activities that should be considered. Question 8: Is the monetary threshold of 50,000 appropriate for projects undertaken by Highway Authorities/Statutory Undertakers? If not, please suggest an alternative value and provide reasons for your view. Small scale residential work as mentioned in 7.6 is proposed to include a SWMP, yet works of < 50,000 from Statutory Undertakers or Highways Authorities are not. However, these < 50,000 projects could be part of a larger strategy and be exempt from a SWMP through definition even though tonnes of waste material may have been produced. We would ask if this has been considered. We recognise that the use of materials will be narrow in range for Statutory Undertaker works this appears to be a direct contradiction to works from Statutory Undertakers and Highways Authorities. Question 9: Should a threshold be applied to exclude from the SWMP Regulations very small works that fall within the Building Regulations/Planning permissions regimes? If so, please suggest the type of threshold and level at which it should be set? We agree with the principle of setting a threshold to exclude small works from the scope of SWMPs in order to reduce burdens on these projects. A threshold of monetary value could be applied, although this could be difficult to establish. Often a number of SMEs working on small schemes will generally reuse/recycle in any case, although not formalised.

5 Question 10: The Welsh Government seeks your views on the proposals in this section including the approach to determine the bands and scores and its scoring thresholds. Under 8.18 of the SWMP guidance document it refers to ReciproCity Centre in Cardiff as a means to match surplus construction materials to need. We seek clarification as to whether these schemes will be available or cost effective for jobs in remote, rural locations and if not whether alternatives will be established. Question 11: The Welsh Government seeks your views on the proposals for an Extended SWMP, including the criteria laid out for Extended SWMP projects. The extended SWMP should apply to Statutory Undertaking where, for example, a programme of works may only be 50,000 but total 150,000 across three neighbouring authorities as part of a larger works programme. Question 12: The Welsh Government seeks your views on the proposed content of a plan and whether other information is required in the plans. The proposed content should reflect other electronic SWMPs such as BRE Smart Waste and WRAP and the content therein as these have been developed through process and evaluation. They also possess the capability to host data to inform the site managers in order to benchmark waste levels. Question 13: The Welsh Government seeks your views on the proposals of the fees and charges scheme for SWMPs. Table 5 of the guidance documentation indicates that the SWMP fee bands have not been finalised and it is therefore difficult to answer the above question. However, we understand that there may be a need to remunerate local authorities in line with the work undertaken. Question 14: Do you consider the General Regulatory Chamber of the First-tier Tribunal and its rules to be appropriate for the handling of these appeals against civil sanctions? If not, please state the reasons as to why and list any changes proposed to the rules with reasons. We agree in principle that the First-tier Tribunal and its rules as an appropriate method for handling appeals against civil sanctions. Question 15: The Welsh Government seeks your views on the proposals outlined in this section and whether the range of breaches listed in Table 8 and associated proposed penalties/civil sanctions are appropriate for the SWMP regulations in Wales.

6 We agree with the proposals listed in Table 8 of the consultation documents as well as the associated proposed penalties/civil sanctions. Question 16: Your views are sought on what additional breaches, if any, should be considered for the SWMP regulations and any appropriate penalties/sanctions for that breach. Design should be identified as a step in the process for the reasons given in Question 3. Question 17: Do you agree with the record keeping options proposed? If yes, which option would be your preference? If no, what alternative would you suggest? We believe that Option 4 will serve as the best value for money. Question 18: Do you agree with the Welsh Government s proposals on transitional arrangements? Yes, months is reasonable and transitional arrangements will enable organisations to roll-out processes to comply with the regulations as well as up-skill those who wish to play a part in the process. Question 19: The Welsh Government may seek an opportunity through the future Environment Bill to seek additional powers on SWMP and any legislation which may impact on waste management practices in the C&D sector. Your views are welcomed on whether additional powers are needed on SWMP, or management of construction waste. No comment. Question 20: Having considered the Impact Assessment, do you:- (a) agree with the key assumptions and findings? (b) know of any data which may improve and inform assumptions within the Impact Assessment; (c) consider if any other issues relevant to the costs and benefits of this regulation that should be considered in the Impact Assessment; (d) know of other options not considered in this Impact Assessment which would achieve the desired objectives. No comment. Question 21: The Welsh Government welcomes your views on the draft statutory and non-statutory guidance and whether additional changes/information is required. No comment.

7 Question 22: The Welsh Government has asked a number of specific questions. If you would like to comment on any specific actions, or raise any issues which you feel that the Welsh Government has not fully addressed, please provide your input under this question. The term Site Waste Management Plan may not fully reflect the breadth of the construction industry or indeed those who operate in it. Indeed, given that there is client involvement from the beginning of a Plan and that there will be active participation from members of the project team who are not just involved on a site basis we believe the term Project Waste Management Plan may be more suitable.