The Site Waste Management Plans Regulations 2008

The SWMP Regulations 2008 came into force on 6 April 2008 and apply to construction work exceeding £300,000 excluding VAT and professional fees. Additional rules apply if the contract value is over £500,000.

The objectives of the regulations are to improve materials resource efficiency and reduce fly tipping.

This is to be achieved by minimising waste through efficient use of construction materials, and by requiring a full audit trail for waste removed from sites reducing the opportunity for illegal waste disposal.

When must the Plan be prepared?

The Plan must be prepared as soon as there is a planned project exceeding £300,000 as evidenced by Planning consent, building regulation approval or tender documents.

Who is responsible for preparing the Plan?

The Client is responsible for the preparation of the Plan, but may appoint a Drafter. This will often be the suitably qualified CDM Coordinator also appointed for the project.

Both the Client and the Principal Contractor are responsible for reviewing and refining the Plan. At the end of the project the completed SWMP and the records must be reconciled against the original Plan. On projects over £500,000 the savings must be costed.

What must the Plan contain?

• Details of the Client, Prinicipal Contractor and Drafter
• A description of the work including its location and estimated cost
• A Materials Resource Efficiency Statement
• A description of each type of waste expected, the quantity and the proposed management action. At a minimum the waste must be described as inert, non-hazardous or hazardous
• A declaration that the waste will be handled in accordance with the EPA 1990 and EPA (Duty of Care) Regulations 1991

The Plan must be available on site for regulatory inspection, and the records must be kept by the Principal Contractor for two years.

What will happen if I don't have a Plan?

The penalties for non-compliance range from Fixed Penalty Notices (FPNs) of £300 per offence, up to a £50,000 fine on summary conviction, or an unlimited fine on conviction on indictment. Both the company and the Director or Manager who is the responsible person can be prosecuted.

How can Abbey Construction Consultants Ltd Help?

ACCL would be well placed to provide the service required as they will already have a good understanding of the project through their role as CDM Coordinator. (While there is no bar to appointment if ACCL are not CDM-C, there may be economic advantages to the Client if both appointments are made together).

ACCL will advise, prepare the Plan, monitor, evaluate, check the competency and resources of the contractor, and ensure compliance to protect the client.