The Environment Agency’s concerns centre on potentially polluting substances that can be associated with infrastructure e.g. pipes and tanks that may have residue products within them, concrete with adhered asbestos etc…. Other excavated infrastructure can be reused under the DoW CoP on the Site of Origin and receiver sites within a Cluster. If fully complied with the Aggregates Protocol allows for inert materials to be used at any site, including those currently not within the scope of the DoW CoP.

BREW looked at this, but it was felt that the inherent multifunctionality elements of the programme contradicted the Government's suitable for use and risk based approach. The recommendation from that work was to build upon the Environment Agency guidance “Definition of Waste: Developing on Greenfield and Brownfield sites”, which the DoWCoP does. There is no single definition of what is "clean" that can be provided for soil that would allow it to be used at all sites and in all circumstances, unless of course it is inert and linked to a Quality Protocol.