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Frequently Asked Question - Is material a waste if it is placed in or on the ground and has to be contained to prevent harm to human health or the environment?

Is material a waste if it is placed in or on the ground and has to be contained to prevent harm to human health or the environment?

Where excavated material is not suitable for the proposed use it will be waste and hence the CoP will not be applicable. For example if the material has to be placed in an engineered cell and managed to prevent harm to human health or pollution of the environment then this would be viewed as having been discarded as waste. This will be a landfill and require an environmental permit. There is a distinction between this scenario and that relating to cover layers above.

CL:AIRE will not be responsible for any loss, however arising, from the use of, or reliance on, the information contained in the responses above, nor do they assume responsibility or liability for errors or omissions in the information provided. Readers are advised to use the information contained herein purely as a guide and to take appropriate professional advice where necessary.