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Today's building services sector is focused on creating buildings that are as environmentally friendly as possible. Using sustainable construction materials or installing the latest smart technology systems that monitor and encourage environmental performance are just some examples of steps taken to ensure a building meets the latest environmental green criteria. While these examples centre on what goes into buildings to make them more sustainable, all too often it's waste coming out of buildings, either during the installation phase or through ongoing maintenance, that many contractors fail to consider properly.
Once upon a time, for any contractor handling waste, it may have been as simple as throwing it into the back of a van or ordering a skip and forgetting about it, but this is no longer the case. Despite the fact they are not dedicated waste removal companies, there are strict rules and regulations that obligate all contractors when it comes to waste disposal. Failure to comply with these leaves businesses open to prosecution and bad publicity.
In fact, any engineering contractor operating in the building services sector that removes customers' waste or their own building or demolition waste must be registered with the Environment Agency (EA) as a waste carrier and complete a valid waste transfer note (WTN) for each transfer.
These requirements apply regardless of where the waste is taken to - whether it's back to the contractor's own premises, to another contractor's premises, or directly to a tip. Being self-employed, a partnership or a limited company makes no difference either - company status simply doesn't come into it.
Contractors that fail to register as a waste carrier are operating illegally and, if caught, face some serious consequences, including a fine and seizure of the vehicle used to transport the waste. In addition, because most companies these days are more focused on their CSR polices than ever before, contracts now often include a clause that obligates contractors to comply with current environmental law. Therefore, failure to do so is likely to constitute breach of contract. In a developing industry like building services, news of such breaches and illegal activity is sure to carry fast, tarnishing a company's reputation and damaging future contract and/or tender opportunities.
Get on the register
Registering as a waste carrier is a relatively straightforward process. Simply download an application form from the EA's website at www.environment-agency.gov.uk Once completed, it should be returned to the EA, along with a registration fee of £152. Registration lasts three years, after which it can be renewed at additional cost.
Document activity
As mentioned earlier, compliance with the law doesn't just stop at registering. Regardless of service offering, any contractor that handles waste has a duty of care to ensure that it is disposed of safely and within the law. As part of this obligation, every time control of waste is transferred from one party to another (for example, from a customer to a waste carrier); it must be accompanied by a WTN - sometimes referred to as a duty of care note.
Waste carriers should provide their customers with WTNs, but each party is responsible for making sure the information contained within them is accurate, and both must sign the document and keep a copy for two years. A WTN is also required when waste is passed on to a waste transfer station (in this context, it is commonly referred to as a tipping receipt or weighbridge ticket) or other third-party (such as the lead contractor - if waste is dropped off at a depot), but in this instance it is the party receiving the waste that produces the WTN.
Each WTN should include the date and the address where the transfer of control of the waste took place, the parties involved (including the waste carrier's registration number), and a description of the waste being transferred. The description of the waste should include the relevant EU waste code(s), as well as an indication of quantity and/or weight. As well as keeping both parties on the right side of the law, this information provides evidence for CSR policies.
A big WEEE problem
Given the extensive use of technology in today's modern buildings, the problem of how to dispose of waste electrical and electronic equipment (WEEE) will crop up on an almost daily basis for engineers operating in the sector. However, disposing of WEEE, provided it is not hazardous, is largely similar to disposing of general waste.
When a contractor takes control of non-hazardous WEEE, such as old alarm systems, automation units, control units, or old cabling, a WTN is still required. It should contain similar information to the one used to cover general waste, but the waste codes will be different. A contractor's obligation with regards to disposal is to ensure that it is disposed of at an appropriately licensed facility. Contractors must remember that not all commercial waste transfer stations are licensed to handle WEEE, and those that are will often charge extra for this sort of waste, so it's advisable to check with the disposal facility before delivery.
Hazardous WEEE, such as fluorescent lamp tubes, refrigeration units, or even computer monitors from plant rooms, should not be bundled in with general waste or other WEEE. This type of waste must only be disposed of at facilities that are licensed to handle that particular type of hazardous equipment. When hazardous waste is removed from commercial premises, it requires a hazardous waste consignment note (in addition to a standard WTN), copies of which should be kept for three years. The EA website provides further guidance on handling hazardous WEEE.
As well as WEEE, another specialist waste area that contractors in the sector need to understand is plasterboard. Since 1 April 2009, European legislation prohibits plasterboard from being sent to landfill with general waste. This means that any plasterboard must be reused, disposed of at a specialist plasterboard recycling facility, or sent to landfill separately. Therefore, it's essential that any plasterboard waste created should be kept separate from other waste materials and disposed of either directly at a specialist plasterboard recycler or at a transfer station that is set up to process plasterboard separately.
Don't store up trouble
When waste is removed from a site, it's not unusual for the materials to be taken back to the contractors' premises before ultimate disposal. However, caution should always be exercised when storing waste anywhere other than on the site where it was created. Depending on the type and quantity of waste and the manner in which it is being contained, storing it may require a permit from the EA. Local planning and landlords' consent could also be necessary, as well as a host of further related controls, such as heath and safety practices and insurances. Again, the EA website is the best place to go for more information on this.
Play it safe
Handling waste is not as simple as throwing it into the back of the van and taking it to the tip. It's essential that all contractors in the building services sector take time to carefully consider their operations and, if required, either register as a waste carrier or eliminate the problem completely by recruiting a professional, registered carrier as a retained waste partner. Operating outside of the law just isn't worth the risk.
