Environment & Sustainability

Meet your environmental permits, waste and construction duties for remediation

A remediation business must hold environmental permits for waste operations, register as a waste carrier, comply with the contaminated land regime, control asbestos, meet CDM construction duties, handle hazardous waste correctly and observe the waste duty of care. This guide takes you through each duty in turn.

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Related guides in Compliance & Legal

Remediation generates controlled waste, routinely disturbs hazardous materials and constitutes construction work. Multiple environmental, waste and construction regimes apply. The Environment Agency (England), Natural Resources Wales, SEPA (Scotland) and NIEA (Northern Ireland) regulate waste and environmental permits. HSE enforces CDM and asbestos controls. Work through each section.

A. Environmental permit for waste operations

Where remediation involves a regulated waste operation — treating, depositing or recovering waste on site, or operating mobile treatment plant (soil washing, bioremediation, ex-situ treatment) — you need a bespoke or standard-rules environmental permit, or a registered exemption. Many in-situ remediation jobs run under a mobile-plant deployment or a low-risk waste exemption registered with the regulator.

B. Waste carrier, broker and dealer registration

A business that transports contaminated arisings or waste, or arranges its disposal, must register as a waste carrier, broker or dealer. Remediation contractors carrying others' waste are upper tier (chargeable, renewed every three years). The register is held by the Environment Agency in England, Natural Resources Wales, SEPA in Scotland and NIEA in Northern Ireland.

C. Contaminated land regime (EPA 1990 Part 2A)

Land determined as contaminated land under Part 2A of the Environmental Protection Act 1990 is regulated by the local authority (or the Environment Agency for special sites). Remediation businesses act as the appropriate person or their contractor and must deliver works to the standard set by statutory guidance. The same Part 2A framework applies in Wales (local authorities, with NRW for special sites) and Scotland (via SEPA). In Northern Ireland the equivalent is the Waste and Contaminated Land (Northern Ireland) Order 1997, which has not yet been fully commenced.

D. Asbestos control

Demolition, decontamination and ground remediation routinely disturb asbestos. Licensable asbestos work requires an HSE licence; non-licensed and notifiable non-licensed work must still be notified, with trained operatives, respiratory protective equipment, air monitoring and disposal of asbestos waste to a licensed tip. In Northern Ireland the Control of Asbestos Regulations (Northern Ireland) 2012 apply, enforced by HSENI.

E. CDM construction duties

Ground remediation and decontamination are construction work, so the Construction (Design and Management) Regulations 2015 apply. CDM duty-holder roles (client, principal designer, principal contractor) apply on projects with more than one contractor, including the F10 notification to HSE for projects exceeding the notification thresholds. In Northern Ireland the CDM (Northern Ireland) Regulations 2016 apply.

F. Hazardous waste handling

Contaminated soil, sludge, solvents and asbestos waste are frequently hazardous. Movements must travel under a consignment note, records kept for three years, and the receiving site must be suitably permitted. England no longer requires premises notification (abolished 2016); Wales still operates premises notification under the 2005 Regulations. In Scotland, special waste rules apply under the Special Waste Regulations 1996 (SEPA); in Northern Ireland, the Hazardous Waste Regulations (Northern Ireland) 2005 (NIEA).

G. Waste duty of care

Anyone who produces, carries, keeps, treats or disposes of controlled waste owes a duty of care under section 34 of the Environmental Protection Act 1990: store it safely, transfer only to an authorised person, and complete a waste transfer note (kept for two years; hazardous-waste consignment notes for three years). Remediation always generates controlled waste, so this applies to every activity.

  1. 1

    1. Hold your environmental permit or exemption for waste operations

    Apply for a bespoke, standard-rules or mobile-plant permit, or register an exemption, before starting waste operations on site.

  2. 2

    2. Register as a waste carrier, broker or dealer

    Upper-tier registration for carrying others' contaminated waste.

  3. 3

    3. Deliver remediation to the Part 2A standard

    Where land is determined as contaminated, meet the statutory-guidance standard.

  4. 4

    4. Control asbestos

    Identify, assess and manage asbestos; hold an HSE licence for licensable work.

  5. 5

    5. Meet your CDM duties

    Appoint CDM duty holders, notify HSE where required and prepare a construction phase plan.

  6. 6

    6. Handle hazardous waste correctly

    Consignment notes for every movement, records for three years, disposal to a suitably permitted site.

  7. 7

    7. Observe the waste duty of care

    Store safely, transfer to authorised persons, complete waste transfer notes.

What to do next

With the environmental, waste and construction duties in place and the workplace spine operating, confirm the whole picture with the remediation compliance checklist. Start from the router if you are not sure which guides apply to you.

Official sources

Authoritative guidance on remediation and waste management regulation.