Construction waste reforms

Yes. Every load of construction waste must be inspected by trained personnel from an elevated platform or by using a video camera to identify whether the load contains asbestos or other unpermitted waste.

Where the initial inspection of the load cannot be carried out at the weighbridge it may be carried out at a dedicated location on the C&D Waste Facility after the verified weighbridge but before inspection point 2.

Where trained personnel identify or reasonably suspect that a load of construction waste contains any asbestos waste, then trained personnel must reject the entire load of waste by directing the driver to leave the facility immediately and record the details in the C&D Waste Facility’s rejected load register in accordance with Standard 1.4.     

Every C&D Waste Facility must have a dedicated area used only for the tipping, spreading, turning and inspecting of every load of construction waste received as required by Standard 1.2.

The tip and spread area must not to be used for any other activity such as waste sorting, stockpiling or storage.

The tip and spread area must be a hardstand that is capable of withstanding the tipping, spreading and scraping of waste, the load and frequency of incoming vehicles and machinery used at the C&D Waste Facility.

The hardstand must also be constructed from material that make it clearly distinguishable from the construction waste being tipped, spread, turned and inspected.

The hardstand should be designed and constructed so that, following the tipping, spreading turning and inspection of each load of construction waste in accordance with Standard 1.2, it can be removed in its entirety and transferred for storage/processing or reloaded onto a vehicle and rejected where asbestos is identified.  

Yes, a C&D Waste Facility may have more than one tip and spread area. 

The location of the tip and spread area may change over time to allow operational flexibility so long as the dedicated area is not used for any other purpose. 

Each tip and spread area must be large enough to accommodate the tipping, spreading, turning and inspection of each load.

The tip and spread areas must have a combined minimum surface area of at least 100m^2. and each area must be large enough so that each load of construction waste can be tipped, spread, turned and inspected in that area without coming into contact with any other load of waste on the tip and spread area (See definition of inspection point 2 in the Standards).             

Yes, as long as each load of construction waste can be tipped, spread, turned and inspected without coming into contact with any other load of waste on the tip and spread area or any other working or storage area on the C&D Waste Facility at all times during this process.

No waste is permitted to be stored or stockpiled on the dedicated tip and spread area.

Every load of construction waste received at the C&D Waste Facility must be tipped, spread, turned and inspected in accordance with Standard 1.2.

The only exception to Standard 1.2 is a load of construction waste that meets the requirements of a resource recovery  order that is accompanied by a valid statement of compliance for the waste. If this exception applies, the load may proceed directly to the appropriate waste storage area after the initial inspection required by Standard 1.1.       

Each load of construction waste must be tipped and spread on the area so that trained personnel can inspect the visible surface area for asbestos or other unpermitted waste types.

After the load is tipped and spread, it must then be turned, either manually or by a plant operator, so that trained personnel can inspect the entire load for asbestos and any other unpermitted waste.

Where any asbestos waste is identified, trained personnel must reject the entire load of waste from the C&D Waste Facility.

Where any other unpermitted waste is identified under this Standard 1.2, remove that waste from the load or reject the entire load of waste.

Where a load is rejected, the entire load of waste must be immediately reloaded onto the vehicle in which it arrived at the C&D Waste Facility or another vehicle and ensure the vehicle with the rejected load leaves the C&D Waste Facility within one day.         

Yes. Any person carrying out a task required by the Standards, including the management or supervision of such a task, must complete the training required by Standard 1.3.

Facilities must also ensure that all employees, staff, contractors or other person carrying out, supervising or managing any task required by the Standards which involves identifying, handling, control of, removal or carrying out asbestos-related work comply with any asbestos training requirements under the Work Health & Safety Regulation 2017 (including under regulation 419, 445 and 487(1)).

All records of training undertaken in compliance with  the Standards must be kept at the C&D Waste Facility and made available to an authorised officer of the EPA.  

If an inspection of the tipped and spread waste confirms that no asbestos waste or other unpermitted waste is present, the load may progress to sorting (Standard 2).

Construction waste that has been through inspection points 1 and 2 must be sorted into:

• the individual listed waste types in Attachment A of the Standards,
• waste which meets the requirements of a resource recovery order and/or
• waste which meets the  Recovered Fines Alternative Daily Cover Specification.

C&D Waste Facilities may specialise or select which waste types they choose to recover from construction waste. 

Only construction waste that has gone through the inspection and sorting process can be transported from the C&D Waste Facility. Construction waste can be transported from the C&D Waste Facility without being sorted if it has been rejected at inspection point 1 or 2.

Construction waste that has been inspected and sorted in accordance with the Standards must not be mixed with construction waste that has not been inspected and sorted in accordance with the Standards.

Other waste streams, such as commercial and industrial (C&I) waste not containing any construction waste, may be mixed with construction waste that has been inspected and sorted in accordance with the Standards.  Any C&I waste containing construction waste must be inspected, sorted and stored in accordance with the Standards.

The changes have been made to ensure that waste facility operators implement appropriate processes and procedures to minimise the risk of harm to human health and the environment.

The EPA also seeks to ensure the community has confidence in the quality of the recycled products they use.

The changes also ensure the EPA has the regulatory tools to efficiently and effectively regulate the waste industry in accordance with the objects of the POEO Act.

The EPA has a responsibility to efficiently regulate waste facilities and ensure that recovered materials are produced with all the necessary procedures to protect the community and the environment.

In 2014 the NSW Government introduced the new Waste Regulation, which has resulted in significant improvements to the operation of most waste facilities and improved the EPA’s ability to regulate them.

Since that time, however, the EPA has identified some ongoing poor waste management practices, particularly in relation to the handling of construction waste, asbestos and the exhumation of waste.

These poor practices expose the community and environment to risks from contaminated material (including asbestos) and undermine the objectives of the waste hierarchy under the POEO Act, which prioritises resource recovery, recycling and re-use over disposal.

Asbestos contaminated waste poses significant risks of harm to human health and the environment and must be disposed of at a landfill site that can lawfully receive it.

To protect the community, there are significant on-the-spot fine increases from $750 to up to $7,500 for an individual and $1,500 to up to $15,000 for a corporation; including for not transporting and disposing of waste safely.

The prohibition against exhuming waste applies to all current and former landfills.

This prohibition will not affect a former landfill site if the landfill site is closed and capped and no waste is removed from beneath that cap, or if the waste is exhumed in an emergency to protect human health or the environment.

The EPA may approve exhumation in limited circumstances where exhuming waste is necessary for operational works. Waste disposal facilities would need to provide detailed impact assessments and demonstrate an understanding of all material contained in the relevant cell.

In the absence of a national approach to address the adverse impacts caused by the unnecessary long-distance transport of waste for disposal, the ‘proximity principle’ provision is retained.

A national solution is necessary to effectively address the adverse impacts on the environment, human health and the waste hierarchy caused by the long-distance transport of waste for disposal.

NSW is seeking to build consensus with other States and the Federal Government to develop a robust and coordinated regulatory response to the long-distance transport of waste and promote consistent waste management standards at facilities across Australia that minimise the risk of harm to human health, the environment and the waste hierarchy.