Rank: Super forum user
|
Who is responsible for correct disposal of waste from a construction site? (Shop fitting strip out).
Is it the Principal Contractor or is it the Client?
|
|
|
|
Rank: Forum user
|
There are two qnswers to this, both linked by the terms of the contract:
- If the project is of a value to come under the needs of a Site Waste Managment Plan (SWMP) the swmp shoul set out the waste disposal process.
- Under the current regulations the creator of the waste is the client and ultimatly no matter what agreements are in place if a contractor disposes of waste in a way that is a brach of legislation the client as well as the contractor would be held liable.
I would in the first instance refer to the contract of works that the contractor has with the client. I have done it both ways in the past, we have supplied skips to be used for segragation and the contractor has provided them. Its a donw to negoitation Im afraid!
Hope this helps
|
|
|
|
Rank: Super forum user
|
Thanks, the contract value is under that required for a SWMP.
I hear what you say, both are responsible no matter what the agreement is. At least one of them could be prosecuted for failing to comply.
Does the CDM-C have any part to play in maybe policing this issue?
|
|
|
|
Rank: Forum user
|
Hi,
I'd have a look at Environment Agency website.
Steve
|
|
|
|
Rank: Super forum user
|
Chris
Legally the owner of the waste is responsible unless he has a contract with another to remove it as part of the contracted arrangements
It will be specified in the contract and comes as part of the package you are paying for, this normal even with domestic clients.
Ask the Clients Manager who is incharge of the contract
Steve
|
|
|
|
Rank: Super forum user
|
|
|
|
|
Rank: Super forum user
|
|
|
|
|
Rank: Super forum user
|
Chris
Irrespective of SWMPR or CDM [notifiable or otherwise] enviromental law applies and the principals are still in place
The CDMC has nothing to do with SWMPR - The role is not mentioned in the law but the PC's role is [many H&S professionals are letting CDMC's take over SWMPR as they did with CDM]
I am not getting at any competent CDMC's. However the word 'competent' must apply to anybody appointed to manage/create SWMP's on behalf of the client and to date most of the SWMP's that I have looked at are not, in my personal opinion, adequate management systems
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.