Advice on soil re-use builds on better regulation programme

23 March 2010

Scotland's environment watchdog has published new guidance online to encourage quality re use of greenfield soil.

This new guidance was determined through a working group set up as part of a partnership between the Scottish Environment Protection Agency (SEPA), the Civil Engineering Contractors Association (CECA) and the Environmental Industries Commission (EIC). The key purpose is to promote the sustainable reuse of greenfield soils by avoiding unnecessary requirements and reducing administrative burdens. It is an important part of the joint SEPA and Scottish Government Better Waste Regulation Action Programme. 

Excess soils from development sites are generally regarded as waste, so their use or disposal requires a waste management licence or a registered exemption. However, providing the correct criteria is met and with the completion of a single page declaration, SEPA will no longer require such authorisation. This will not only mean a financial saving of up to £803 each time, but also reduce the time spent on the  associated administrative burdens.

Permitted use of greenfield soil covered by these guidelines include:

  • From one development to another development where the soil is required for engineering works as per the planning permission (such uses include soil for front and rear gardens).
  • In developments on brownfield land to meet site-specific capping requirements for remediation.
  • In sustainable urban drainage schemes (SUDS).
  • In the construction of roads and road verges.

A full list of uses that are permitted under the regulatory position, as well as a list of those that are not, are included in the guidance, The guidance document also includes the required declaration form. In order to benefit from this regulatory position, the producer or receiver of the soil must complete and sign the single page declaration form and send it to the SEPA office nearest to where the soil is to be used.

Kenny Boag, SEPA head of Waste Policy, said:

"Managing waste through proportionate, effective and risk based regulation is essential to Scotland, and we need a system of controls over waste that are simple and user friendly. and maintain high levels of environmental and human health protection.

"There is significant interest in the use of greenfield soils in Scotland and we hope that this guidance will make it easier for those who want to responsibly re-use it. Although producers and users are not obliged to comply with this guidance, if they do not then greenfield soil will be subject to the requirements of waste legislation. Similarly, soils that do not fit the description given in this guidance will not be covered by this regulatory position."

Alan Carr, CECA Scotland's Chairman, said:

"This is useful, pragmatic and straightforward guidance that will assist Scotland's civil engineers, consultants and SEPA to reduce routine but time consuming paperwork.  We have enjoyed working with SEPA and the EIC in jointly producing something that will make decision making on groundworks sites simpler and thereby free up everybody's resources for more meaningful work."

Alistair Kean, a Director of IKM Consulting, said:

"The Environmental Industries Commission welcomes SEPA's aim of clarifying waste regulation.  We were delighted to be able assist SEPA in the production of this guidance, on how best to reuse valuable topsoil and subsoil, from construction sites.  Occasionally waste legislation has had unintended consequences, and this new guide should help contractors to reuse high quality soils in a non-bureaucratic and sustainable manner"

The regulatory position is available under the category "regulatory guidance" at www.sepa.org.uk/waste/waste_regulation/guidance__position_statements.aspx

Ends

Notes to editors

The Scottish Government and SEPA remain committed to the principles of better regulation. A regime designed around better regulatory principles should:

  • eliminate outdated or unnecessary provisions in legislation;
  • consolidate, streamline or merge regulatory regimes where possible;
  • base regulatory permitting, inspection and enforcement on sound risk principles;
  • ensure where companies break the law that enforcement can be swift and effective;
  • minimise the administrative burdens on companies and regulators wherever possible;
  • empower regulators to enforce regulations in a fair, consistent and proportionate manner;
  • promote best practice and advice to regulated companies wherever possible.