Code for Contamination

The Definition of Waste: Development Industry Code of Practice is a voluntary code (or CoP) launched in September 2008 to provide a pragmatic solution to using excavated materials, including soils on development sites, in a sustainable manner without getting tangled up in waste legislation.

The code applies to England and Wales, initiated to provide a clear and concise process to firstly determine whether excavated materials on a development site constitute waste, and to identify the point when treated waste can no longer be considered as waste.

The code's steering group included industry representatives such as English Partnerships, The Soil and Groundwater Technology Association (SAGTA), Environmental Industries Commission (EIC) and the Home Builders Federation (HBF) and, importantly, it was produced in negotiation with the Environment Agency.

The voluntary code builds upon and replaces the Environment Agency publication 'Definition of Waste: Developing Greenfield and Brownfield Sites' that was published in April 2006 and addresses many of its residual issues.

A key driver for the code was to aid resource efficiency, reduce landfill disposal and natural resource consumption. This is achieved essentially by keeping soils out of the waste stream and by avoiding the otherwise necessary transportation of the soils off-site for treatment or disposal, and hence negating the importation of 'clean' fill back onto site to fulfil a site's earthworks requirement.

It is anticipated that the code will speed up development projects, including land remediation times for contractors and ground engineers, as it provides far greater certainty in an area that often causes confusion and delays. The code marks a step change in the way the Environment Agency regulates such activities and indicates an increased maturity in the working relationship between industry and regulator. This involves a significant degree of self-regulation, relying on the professional integrity of the project team.

The code accomplishes this through introducing the concept of a 'qualified person' who, fulfilling certain criteria, completes a formal declaration that the code has been followed prior to the transportation of materials. The declaration states that the qualified person has reviewed key documents, which show that the derived specification for the reuse of materials is underpinned by an appropriate risk assessment and that additional lines of evidence have been demonstrated. The Environment Agency will audit a number of these declarations to ensure the code is being complied with. This will allow them to shift their focus to more environmentally risky activities and to those development sites not implementing the code.

Scope
The scope of the code currently relates to reuse of excavated materials on the site of origin and reuse on development sites within a defined cluster project. The principle of cluster is to pool development sites together which individually would contain insufficient volumes of contaminated soil to economically justify the set-up of on-site decontamination technologies, but through collaboration can economically treat materials at a central, shared, 'Hub' site. Individual sites within a cluster project may act simply as a donor of materials for treatment or reuse at another development site within the defined cluster. Others may simply be a recipient of materials from the central hub.

The code removes a significant barrier to the establishment and successful operation of these types of projects.

Significance
The Environment Agency has prepared a Position Statement supporting the use of the code, stating: "We want to encourage the remediation of brownfield land and the use of cluster projects, and reduce the amount of material that is sent for disposal. Equally we have to ensure the necessary measures are in place to ensure the environment and health is protected".

David Oram of National Grid and SAGTA added: "This risk based approach offers potential for fundamental change to remediation economics and sustainable use of materials".

Support
To support the code, CL:AIRE has now set up a register of evidence for practitioners to record the environmental benefits of using the code. The register is a simple online form designed to record practitioners use of the code and allow CL:AIRE to feedback to industry about its uptake and environmental benefits. This will enable people to see how the concept is being implemented, and also demonstrate its responsible use to the regulator as evidence for extending its scope to include fixed soil treatment facilities and the direct transfer of excavated materials, which do not require treatment from site to site.

Direct transfer as described is currently an activity that requires an environmental permit, or should be registered exempt from holding one. The register of evidence is now set up within newly dedicated pages on the CL:AIRE website to help support the code.

To enable understanding of the full implications and significance of the code, CL:AIRE has developed the associated and recognised training course, with attendees quoting the training as a "valuable" and "an excellent way to learn about a complex subject". The courses are aimed at all those involved with the development of land. Attendance is an essential element for those people who wish to become a qualified person. Further general information on the code, the register and the next course dates can be found at
www.claire.co.uk/CoP.