Rank: Super forum user
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I am aware of the Client's responsibility for introducing the SWMP for a project value £300k > with the PC being responsible for managing the plan.
Regarding a construction project that consists of initial attendance by the PC for a "Construction" phase - say 5 weeks, then hand over to the Client for stocking out when does the phase for the SWMP end?
(The PC leaves the site once handed over to the Client but there may still be a few weeks until the project (a store) can open to customers.
The waste is all regarded as the Client's so - in my opinion - probably the amount for triggering the SWMP should include the whole length of the project and including the time for stocking out, therefore the project value will be higher than just for the PC's involvement?
(There will be waste right through the project i.e. packaging toward the end).
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Rank: Forum user
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As the client is the person responsible for drafting the plan, it would be reasonable to pass the SWMP back to them when your works are completed. Ensure it is up to date on completion of your works and include it in the formal handover with the instructions that they are now responsible for maintaining the plan as you will no longer be on site.
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Rank: Super forum user
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Thanks jde but this is more about CDM and the project.
When does the project end as far as the SWMP is concerned?
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Rank: Super forum user
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The project ends when the construction work is complete. This is not the same as practical completion and continues until all snagging works are complete that are consecutive to the actual project works. The client stocking out is not construction work and is thus not part of any SWMP. The figures in the SWMP regs for me cause some confusion as does the reduced plan contents for work under £500k. ALL projects need to have waste removed from site and really all of this needs top be properly planned. In actual fact the legal duties under EPA, HWR and WEEE Regs, require more than outlined in the reduced plan information so do be very wary on this. In essence only the duties to produce and to review the performance of the plan are not covered by any other waste legislation.
Remember also that the PC as defined in SWMP is NOT the same as that for the PC under CDM so other arrangements are possible than using the construction CDM PC.
Bob
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Rank: Super forum user
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There must be a PC for the duration of the Construction Phase. At end of that Phase, the tenure of the PC is essentially complete (although the 2008 SWMPR make provision for a further 3 months to update and complete the SWMP).
Essentially, if you are satisfied that the waste issues arising from the Construction Phase have all been addressed in the SWMP and this document has been given back to the Client, your duties are at an end?
Incidentally, the 2008 SWMPR talks about a £500K threshold?
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Rank: Forum user
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If you are involved in a construction or demolition project, in the UK, worth £300,000 or more, you have a legal duty to complete a Site Waste Management Plan, often abbreviated to SWMP. If your project is worth £500,000 or more, the requirements become more detailed.
However the Department of Food and Rural Affairs has announced that it intends to repeal the Site Waste Management Plans Regulations 2008. At present no date, has been announced for the repeal of the Site Waste Management Plan Regulations 2008, neither do DEFRA give any programme for this process.
Advice is that until such time as the Regulations are repealed by parliament, they remain in force and as such should be complied with.
The Defra argument in scrapping the legislation is that better site waste management is about better business and it’s not Government’s role to get businesses to make better decisions. The other argument is that the legislation has done its job - Site Waste Management Plans are now a normal part of project delivery having had them mandated for four years. The expectation is that Plans will continue to be created even when there is not legislation that requires them.
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Rank: Super forum user
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Chris Cahill wrote: The other argument is that the legislation has done its job - Site Waste Management Plans are now a normal part of project delivery having had them mandated for four years.
Are you quoting here Chris? A very odd claim to make. Major constructors may comply with SWMP requirements, but in my experience not small builders (who commonly have house building projects > £300K). Indeed since 2009 every single building site that I have entered, in order to give safety or CDM advice, had NO waste management plan, so I wrote one up for them.
And... often little evidence that they implement the SWMP that I write up. One builder I visit in the middle of nowhere in Leics still BURNS his wood, paper and shrubbery rubbish and likely some plastic rubbish too, and I cannot stop him doing so.....
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Rank: Forum user
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John
The last paragraph is a quote from Defra- My experience is along the same lines as yours.
however the Gov Red tape challenge has SWMP legislation in its sight....
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Rank: Super forum user
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Probably because clients do not like having duties upon them I think!!!!
JUST WHEN SOMETHING MIGHT GET RESULTS - ABANDON IT.
Bob
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Rank: Super forum user
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