The Site Waste Management Plan Regulations 2008 came into force in England on 6 th April 2008.  They will come into force in Wales next year.  The Regs will not apply to any project that has been planned before 6 th April providing construction starts before 1 st July 2008. A SWMP will be required for all construction projects with a value of £300,000 excluding VAT.  The plan must record what types of waste were removed from the site, who removed them and where they were taken.  If the project is estimated to cost more than £500,000 excluding VAT, the required level of detail increases.

The Regs place the initial responsibility for the production of the SWMP with the Client.  The Client must produce the Plan before the project starts.  The Principal Contractor is required to update the SWMP as work progresses.

The Plan must identify the:

  • Client;

  • Principal Contractor;

  • Person who drafted it;

  • Location of the site;

  • Estimated cost of project.

It must record any decision made to minimise the quantity of waste produced on site before the plan was drafted.

It must:

  • Describe each waste expected to be produced;

  • Estimate the quantity of each type of waste;

  • Identify the waste management action for each type of waste including reusing, recycling, recovery or disposal.

If a project is started without a SWMP, both the Client and the Principal Contractor are guilty of offences under these Regs.  The maximum fine on conviction in the magistrates’ court is £50,000, while fines are unlimited in the crown court.  In addition, £300 fixed penalty fines can be imposed for failure to supply a SWMP on demand.

The Regs can be enforced by both the Environment Agency and Local Authorities.