Managing waste soils on development sites, Brian McVeigh

1. Managing Waste Soils on Development Sites
Sustainability at the heart of a living, working, active landscape valued by everyone.
IBN / IES Discussion Meeting
Wednesday 3rd February 2021
Brian McVeigh
Principal Scientific Officer
Regulation Unit – Land, Groundwater & Regulatory Transformation Team

2. Legislative Framework and the Waste Hierarchy
• Article 4 of the revised Waste Framework
Directive.
• Duties are set out in Regulations 17, 33
and 63 of the Waste Regulations (Northern
Ireland) 2011.
• Applies to all waste including hazardous
waste.
• You must take reasonable measures in the
circumstances to:
• prevent waste, and;
• apply the waste hierarchy when you
transfer waste.

3. • Regulatory Position Statements
https://www.daera-ni.gov.uk/articles/regulatory-position-statements
• Waste public registers useful sources of information
https://www.daera-ni.gov.uk/topics/waste/public-registers
• Regulatory Transformation Programme streamlining NIEA processes and developing a
new regulatory framework to support better environmental outcomes and operate more
efficiently. The Better Regulation (Environment) Act (2016) already sets the context.
Permits, licences, authorisations and consents
Waste
Management
Licence
Exemption
from waste
management
licence
Mobile
treatment
licence
and/or
deployment
Abstraction
Licence
Water
discharge
consent
(NIEA)
Trade
effluent
discharge
(NI Water)
Groundwater
Regulations
authorisation
Waste
Management
Permit
Other
permits e.g.
from Local
Council /
other
Departments

4. Greenfield Soil Declarations
• An NIEA regulatory Positions Statement since October
2016.
• Greenfield excavated material includes: topsoil, sub-
soil, clay, peat, sand, gravel and underlying rock from a
greenfield site.
• Declaration submissions made to
greenfieldsoil@daera-ni.gov.uk
• Must be greenfield to greenfield sites in accordance
with a current planning permission.
• For more information
https://www.daera-ni.gov.uk/publications/regulatory-position-statement-regulation-
greenfield-excavated-material

5. Waste Duty of Care and Registration of Carriers
Duty of Care “the glue that binds almost everything in waste management”
Know who is taking your waste?
• Registered Waste Carrier?
• Check that all contractors collecting are registered?
• Request a copy of their registration of carriers?
If in doubt contact NIEA Registration of Carriers:
Tel. 028 9056 9360 or roc@daera-ni.gov.uk

6. Waste Sampling, Definition and Classification Procedures
Technical Guidance (WM3)
 Typically deals with waste classification
(EWC coding)
 Appendix D relates specifically to sampling
 Main source of information relating to
sampling is BS 14899
Why Sample?
 Requirement prior to disposal
 Requirement to assess suitability for
treatment (transfer station)
 Assessment of characteristics for re-use
 Industry knows that they have to sample,
but it is often a tick box exercise

7. Waste Sampling, Definition and Classification Procedures
Preparing a waste
sampling plan
Identify
parties
Objectives
and goals
Level of
testing
Identify
constituents
Research
background
on waste
H&S issues
Select
sampling
approach
Identify
sampling
technique
• Plan and conduct a sampling programme to
ensure you obtain accurate and representative
results.
• Prepare a sampling plan before you take the first
sample. This will help you ensure you’ve
considered relevant factors and take sufficient
representative samples.
• Be prepared to provide a copy of your sampling
plan to support any waste classifications and
hazardous waste assessments made.
• Remember it’s a legal requirement to correctly
assess and classify your waste

8. Transboundary Transfers of Waste Soils
Movements NI to GB
 Requirements have not changed.
 Requirements for waste classification and assessment (WM3)
 Requirements for following waste duty of care (transfers notes for non-hazardous and consignment notes for
hazardous).
Movements GB to NI
 Requirements currently as per above.
 March 2021 legislation due to come into force to implement the requirements of the NI Protocol (requirement
to comply with the EU Waste Shipment controls).
 Such movements will fall under prior informed consent.
 For more information https://www.daera-ni.gov.uk/articles/transfrontier-shipment-waste
Movements NI to ROI
 Requirement to first establish if it is moving to a recovery or a disposal operation as exports of waste for
disposal are prohibited, with a few exceptions.
 Movements of waste for recovery would follow the same EU Waste Shipment Controls as detailed above.
Contact the NIEA Transfrontier Shipments of Waste Team: 028 9056 9742 or tfs@daera-ni.gov.uk
https://www.daera-ni.gov.uk/contacts/transfrontier-shipments-waste

9. Right Waste to the Right Place by the Right People.
 This isn’t all just about the regulations - managing and segregating your waste can
save you money. Apply the waste hierarchy.
 A range of permits, licences, authorisations and consents may be required.
 Know your wastes, know where your waste is going and know who is taking your
waste.
 Ensure all records are complete and available for inspection by regulator.
 WM3 and Waste Duty of Care.
 If in doubt contact NIEA Regulation Unit WRU.Queries@daera-ni.gov.uk