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Home > Compliance > Use of Soil in Construction - Staying compliant.

Use of Soil in Construction - Staying compliant.

It makes sense to try and reuse soil, perhaps on the same site that it was excavated from, or perhaps another site that your firm is involved with.

"Waste" soils that are generated in construction may not be waste at all, although proving that soils are not waste is probably more time consuming than just assuming they are and complying with the relevant legislation.

In there position statement* with regards to the definition of waste the Environment Agency state that, with regards to soil is not waste when it is:

  • for use on the site from which it has been excavated, either without treatment
    or after on-site treatment, in the development of that land

  • for use in the development of land other than the site from which the material has been excavated, following treatment at an authorized treatment Hub within a defined Cluster agreed with us, and used in the development of land at a site within the Cluster

Any clearer?

There is also debate of say using soil to level hollows within land / construction sites is actually recovery or disposal, there are environmental permit exemptions available for the use of small small quantities of soil for such purposes, these cover up to 5000 tones of material, if you are building roads, but around 100 for other uses, see U1 and U 19.

If you don't "fit" for an exemption then you probably need an environmental permit for a landfill operation, albeit an inert operation, this will require a bespoke permit.

Please Contact the Office if you have any questions.

soil in construction

Home > Compliance > Use of Soil in Construction - Staying compliant.

*Definition of Waste: Development Industry Code of Practice