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Effective CL:AIRE Reporting & Compliance service
CL:AIRE (Management) – the Code of Practice (CoP) provides a framework which allows the re-use of excavated materials on-site or their transfer between sites, without being classified as waste. It therefore provides an alternative to the use of Environmental Permits or exemptions.
Use of ‘CL:AIRE Definition of Waste: Development Industry Code of Practice’ to Reduce Costs and Maximise Material Reuse & Recycling.
What is the CL:AIRE Code of Practice (CoP)
CL:AIRE is a code of practice (CoP) that provides a framework which allows the re-use of excavated materials on-site or their transfer between sites, without being classified as waste. It therefore provides an alternative to the use of Environmental Permits or exemptions.
Scenarios Supported by the Code of Practice
1. The direct transfer of clean uncontaminated soil from one development site to another
2. The re-use of both contaminated and uncontaminated excavated materials on their site of origin which both contaminated and uncontaminated material can be transferred.
3. The establishment of a network of sites within a Hub and Cluster arrangement, between
4. The operation of fixed soil treatment facilities to produce a non-waste product
For the CoP to be applied, a Materials Management Plan must be produced providing supporting evidence to demonstrate that: the use of material will not pose a risk to human health or the environment; the material is suitable for use; there is certainty of use; and no more material will be used than is actually needed / permitted by planning.
CL:AIRE Compliance Benefits
– Encourages development of brownfield sites
– Reduces both waste to landfill and the import of quarried material, along with associated transport impacts
– Can reduce transport distances for materials off site
– Lower costs than having to apply for an Environmental Permit
– Faster than applying for an Environmental Permit
Ecofficiency can provide a package of services to enable development sites to comply with the CoP, including:
– Testing of materials to demonstrate their suitability for use (if contaminated, a further quantitative risk assessment will be required)
– Coordination of the supporting evidence required
– Completion of the Materials Management Plan
– Sign-off by a CL:AIRE Qualified Person
– Production of the Verification Report at the end of the process
– Setting up and coordinating a Hub and Cluster arrangement where several concurrent sites can benefit from a shared soil treatment facility
The following site scenarios are explained;
Scenario 1: Reuse of Uncontaminated Material on the Same Site
Not required for naturally occurring excavated materials suitable for reuse without further treatment e.g. cut & fill (not ‘waste’ under the Waste Framework Directive)
Applies to:
Made ground
Ground-based infrastructure (road base, concrete floors etc.)
Source segregated aggregate (e.g. crushed brick / concrete from demolition)
Previously stockpiled materials made up of these materials
Evidence required:
Materials Management Plan (sections 1-8, 11, 12a, 13, 15, 16, 18, 19-21, 22a, 23, 25, 26)
Planning permission / permitted development rights for development
Contact details for the contractor(s), local authority and EA / NRW (no need for consultation)
Plans showing where the material is arising from and to be used and the quantities
Classification testing to prove material is non-hazardous
Evidence that the material meets the specification for its intended use
Design Statement (qualitative assessment outlining why the materials are considered suitable for reuse)
Material Transfer Records
Verification Report:
What actually happened (quantities of material excavated & reused)
Any changes made to the MMP since the original Declaration
Reference to / copies of the MMP & associated evidence
Copy of the Qualified Person Declaration
Material Transfer records
Note: Do not refer to the material as ‘waste’ in any documents or transfer records: by using the CoP, the material is not classified as waste
Scenario 2: Reuse of Contaminated Material on the Same Site
Applies to:
Soils
Dredgings
Made ground
Ground-based infrastructure (road base, concrete floors etc.)
Source segregated aggregate (e.g. crushed brick / concrete from demolition)
Previously stockpiled materials made up of these materials
Evidence required:
Materials Management Plan (sections 1-8, 11, 12a, 13, 14, 16, 17, 19-21, 22, 23, 25, 26; also, if the material is to be treated prior to reuse, sections 9 & 24)
Planning permission / permitted development rights for development
Contact details for the contractor(s), local authority and EA / NRW
Evidence that the local authority and EA / NRW have been consulted and have no objections to the proposals
Plans showing where the material is arising from and to be used and the quantities
Details of any treatment that the material will undergo and evidence that the relevant Permit has been obtained if required
Classification testing showing the contamination levels
Evidence that the material meets the specification for its intended use
Remediation Strategy (quantitative assessment by competent environmental consultant demonstrating that reuse of the material will not cause harm to human health or the environment)
Material Transfer Records
Verification Report:
What actually happened (quantities of material excavated, treated (if applicable) and reused)
Any changes made to the MMP since the original Declaration
Reference to / copies of the MMP & associated evidence
Copy of the Qualified Person Declaration
Treatment records (if applicable)
Material Transfer records
Note: Do not refer to the material as ‘waste’ in any documents or transfer records; by using the CoP, the material is not classified as waste
Scenario 3: Re-useof Clean, Uncontaminated Material on Another Site
Applies to:
Soils
Dredgings
Previously stockpiled naturally occurring excavated materials
Evidence required:
Materials Management Plan (sections 1-8, 10, 11, 12a, 13, 15, 16, 18, 19-21, 22a, 23, 25, 26)
Planning permission / permitted development rights for development
Contact details for the contractor(s), transport company, local authority and EA / NRW (no need for consultation)
Plans showing where the material is arising from and to be used and the quantities
Classification testing to prove material is non-hazardous
Evidence that the material meets the specification for its intended use (chemical / geotechnical, as appropriate)
Design Statement (qualitative assessment outlining why the materials are considered suitable for reuse)
Material Transfer Records
Verification Report:
What actually happened (quantities of material excavated and reused)
Any changes made to the MMP since the original Declaration
Reference to / copies of the MMP & associated evidence
Copy of the Qualified Person Declaration
Material Transfer records
Note 1: Do not refer to the material as ‘waste’ in any documents or transfer records; by using the CoP, the material is not classified as waste