What are the potential environmental impacts?
Construction businesses can have a number of impacts on the environment:
- air emissions, for example dust from earthworks or emissions from plant and equipment
- land contamination, for example developing historically contaminated sites
- noise pollution, for example from operating plant and equipment
- waste disposal, such as spoil, offcuts and other building materials
- water discharges, for example dewatering excavations and pipe testing
Who is responsible?
The site management structure within which your business operates can vary from contract to contract. Your business could be the only contractor working on a site, the main contractor responsible for managing sub-contractors, a sub-contractor or you might just supply labour to another contractor. This can lead to a great deal of confusion about who is responsible for environmental issues. These can include waste management and disposal, obtaining licences and permits and liability when things go wrong.
Where contractual arrangements are complex, do not assume that the main contractor is responsible for everything and holds all liability when things go wrong.
Check to see if your contract describes how environmental issues will be managed. You could still be legally liable even if your contract says that you are not responsible for some aspect of the environmental management of your operation. Your contract does not exempt you from liability. If in doubt, seek professional help.
For example, if your business either directly or indirectly allows a polluting material such as silt to enter a surface water, groundwater or even the sea, then your business can be prosecuted. The main contractor could also be prosecuted if they knew that you were causing pollution but did not take any action to stop you.
Even if environmental issues such as waste disposal and obtaining consents are not mentioned in your contract, you may well be responsible for them.
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