CL:AIRE DoW CoP Declaration

A CL:AIRE DoW CoP Declaration is a document that is used to declare that excavated materials from a construction project can be reused without being classified as waste. It is a requirement of the CL:AIRE Definition of Waste Code of Practice (DoW CoP), which is used in England and Wales.

The CL:AIRE DoW CoP Declaration must be made by a Qualified Person (QP) and must be submitted to the Environment Agency before the materials can be reused. The QP must be a suitably qualified and experienced individual who is registered with CL:AIRE.

The CL:AIRE DoW CoP Declaration must include the following information:

• The name and address of the project
• The name and address of the QP
• The type and quantity of materials to be reused
• The proposed use of the materials
• The assessment of the suitability of the materials for reuse
• The measures that will be taken to protect human health and the environment
• The certainty of use of the materials

The CL:AIRE DoW CoP Declaration is a valuable tool that can help to reduce the amount of waste produced from construction projects. It can also help to save money and protect the environment.

Here are some of the benefits of using a CL:AIRE DoW CoP Declaration:

• It can help to reduce the amount of waste produced from construction projects.
• It can help to save money by avoiding the cost of waste disposal.
• It can help to protect the environment by reducing the amount of waste that is sent to landfill.
• It can help to improve the sustainability of construction projects.

If you are involved in a construction project in England or Wales, you should consider using a CL:AIRE DoW CoP Declaration. It is a valuable tool that can help you to reduce waste, save money, and protect the environment.

Here are some of the things to consider when creating a CL:AIRE DoW CoP Declaration:

• The type and quantity of materials to be reused
• The proposed use of the materials
• The assessment of the suitability of the materials for reuse
• The measures that will be taken to protect human health and the environment
• The certainty of use of the materials

You can find more information about the CL:AIRE DoW CoP Declaration on the CL:AIRE website.

Information Required for DoW CoP Declaration

1 Receiver Site / Site of Origin - Name, address of site.

2 Receiver Site / Site of Origin – Landowner, address etc.

3 Receiver Site / Site of Origin - Contact name, e-mail and phone no

4 Donor Site(s) (IF APPLICABLE) - Name, address

5 Donor Site(s) (IF APPLICABLE) - Landowner, address

6 Donor Site(s) (IF APPLICABLE) – Contact name, e-mail and phone no

7 I need a Purchase Order No for payment to CL:AIRE (not payment to me). Cost of Declaration – see Note A below;

8 Who will make payment – name; contact details (e-mail + tel) of company and person/contact responsible for making payment;

9 A Verification Plan – see example;

10 Who will undertake Verification Report (V Report not Plan) – name; company, email, phone details;

11 Completion date of project – CL:AIRE will chase you for the Verification Report;

12 Risk Assessment only for Donor Site(s) now (previously required Risk Assessment of both Receiver Site and Donor Site);

13 Obvious Mass Balance calcs must be included (acceptable if included on a plan). I must be able to see the figures – rather than just an isopachyte of cut & fill areas.

The Role of the Qualified Person in CL:AIRE DoW CoP Declarations

The submission of a formal Declaration to CL:AIRE is the final regulatory milestone required before excavated materials can be legally reused under the Definition of Waste: Development Industry Code of Practice (DoW CoP). This process serves as a self-regulatory alternative to environmental permits, provided that a Qualified Person (QP) can verify the project's adherence to the code's four main principles: protection of human health and the environment, suitability for use, certainty of use, and a defined quantity of material.

What is a CL:AIRE Declaration?

A Declaration is a formal statement signed by a Qualified Person and submitted via the CL:AIRE portal. It confirms that a Materials Management Plan (MMP) has been developed based on appropriate risk assessments and that the project will be managed sustainably. Without a valid declaration, the movement of soil between sites or its reuse on-site may be classified as waste disposal, leading to potential enforcement action and significant Landfill Tax liabilities.

The Importance of the Qualified Person (QP)

The Qualified Person acts as an independent auditor for the project. To maintain the integrity of the CL:AIRE Protocol, the QP must be independent of the day-to-day management of the site. Their responsibilities include:

• Reviewing the Site Investigation data to ensure all chemical and geotechnical risks are understood.
• Verifying that the Remediation Strategy or Design Statement is robust and provides a clear "certainty of use" for the materials.
• Ensuring that the MMP contains a detailed tracking system to document where every cubic meter of material originates and where it is placed.
• Checking that all necessary regulatory consultations with the Environment Agency or Local Authority have been completed.

Streamlining Your Development

Engaging a QP early in the process is essential for avoiding planning delays. The declaration is required for various routes, including "Site of Origin," "Direct Transfer," and "Cluster" projects. By integrating this step with your broader Phase 3 Remediation strategy, you can maximize the reuse of site-won materials and improve the overall sustainability of your project. At SWEL, we provide the technical expertise and accredited personnel required to facilitate these declarations efficiently across the UK.

Our consultancy ensures that your project remains compliant with the highest industry standards, backed by our extensive experience in managing over 900 environmental projects nationwide.