Following is a step by step graph highlighting the procedure required to classify soil waste and to determine its proper disposal location. For further information, please refer to our previous posts regarding Soil Contamination and Disposal or, if you require any assistance with waste soil treatment, please do not hesitate to give us a call – 0131 538 8456 or email – email@example.com
Should you wish to move your soil off a site, then under to the EU Waste Framework Directive ‘your intention is to discard a material’ and the material becomes classified as a waste. Even if you have someone who wants the material, it remains classified as a waste…!
A waste can only be classified as either Hazardous or Non-Hazardous. Please note that “Inert” is NOT a waste classification.
To undertake a waste classification chemical analysis of the material in question is required. There is guidance as to the amount of analysis required for the volume of soils. Ideally a review of the full site investigation report is also required to establish the type of material; former usage of the site; PSD of the material; information from the borehole logs; etc.
Once the material has been appropriately classified (Haz or Non-Haz) then and only then does the WAC information come in to play. The WAC is then used to establish whether the ‘waste’ material is suitable for disposal in to either a Hazardous or Inert landfill site. Non-Hazardous landfill sites do not require a WAC report.
Where you have material that complies with ‘U1 Use of waste in construction’ (Environment Agency) or Table 11 of schedule 1 to the Waste Management Licensing (Scotland) Regulations 2011, it may be possible to use these materials where a construction use can be proven
Confused…? Well why not give us a call and we’ll talk you through your problem and see how we can help – 0131 538 8456
Can soil from a contaminated site be used (disposed of) at a Paragraph 19 Exempt site…?
Yes, but you must initially prove that the soil is non-hazardous and secondly that it is suitable for use. The latter must be done by providing sufficient evidence to demonstrate that it will not cause pollution or harm.
Simple…well not quite…!
What is sufficient evidence…? During recent communications with SEPA we now understand that this includes, but is not limited to;
- An assessment of Human Health risk (against Soil Guideline Value’s and other appropriate generic assessment criteria used to assess impact on Human Health from soil)
- An assessment of environmental risk (using Drinking Water Standards and Environmental Quality Standards as appropriate) in relation to the specific hydrological setting of the exempt site.
Coupled with the above, SEPA require that all data sets pertaining to the site, no matter how old, must be used in the assessment of the risks. Whilst this is a different position to that normally adopted by the regulator for contaminated sites, (the local Council Contaminated Land Officer) it must be understood that SEPA’s stance is from that of a waste regulator, which is subtly different, hence the requirement to use all available data sets.
So if you have a non-hazardous soil passing inert WAC do not simply send it to a Para 19 Exempt site as you could be prosecuted for doing so…!