AGS Magazine - August 2020

August 2020

SCOTTISH LAW VARIATIONS & GI A case study provided as a useful reminder that Scotland is a different legal jurisdiction from England & Wales.

Photo Credit: Leon Hawley, AECOM

EQUALITY, DIVERSITY & INCLUSION

MINING WASTE DIRECTIVE AND DOWCOP

AGS WEBINAR PROGRAMME

An introduction to the latest AGS Webinar looking at Urban Geosciences

Peter Witherington asks: Should we get excited about it?

Details of upcoming webinars being delivered by the AGS

ABOUT THE AGS The Association of Geotechnical and Geoenvironmental Specialists (AGS) is a non-profit making trade association established to improve the profile and quality of geotechnical and geoenvironmental engineering.

The membership comprises UK organisations and individuals having a common interest in the business of ground investigation, geotechnics, geoenvironmental engineering, engineering geology, geochemistry, hydrogeology, and other related disciplines.

Chair’s Foreword The signs are that many AGS members have returned to work and most site projects are now forging ahead. COVID-19 Risk Assessments and new methods of working are the new norm, but it is also a bit unsettling to see some situations, both at work and closer to home, where COVID precautions seem to have lapsed. It’s time to remember that we are not COVID-free just yet, so please remain vigilant, take personal responsibility, and most importantly stay safe. If everyone remains singing from the same hymn sheet, we can defeat this virus.

Onto topics more uplifting: The AGS has successfully delivered it’s first webinar, where Nick Koor of the University of Portmouth discussed the opportunity for a change in the geoscience curricula which could open up the subject to a more inclusive and diverse society. We have a short article in this month’s magazine, found on page 8, but we will follow up with a more detailed article about Urban Geoscience in our next issue.

The Yellow Book revision has restarted and the Working Group will be commenting on a first Draft before the end of the month.

It is planned for a Draft for public comment to be available before the end of the year. So watch out for announcements in the very 2

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near future.

We also have more webinars planned before the end of the year, covering hot topics such as SPTs, AGS 4.0, AGSi and Instrumentation and Monitoring.

Full details including dates and times will be provided through social media and on the AGS website. This is a great way to build up your CPD points but also a fantastic opportunity to listen to leading experts and current issues which affect our working lives.

If you have any ideas or topics you would like to see potentially discussed during future AGS webinars, please contact us at ags@ags.org.uk.

We are always on the lookout for additional, informative content for the magazine, so if you have a case study or technical article that you think the wider geotechnical and geoenvironmental public would find beneficial, please do get in touch.

We would be interested in your feedback on the magazine and our future plans. Please contact ags@ ags.org.uk if you have any comments.

EDITORIAL BOARD Julian Lovell, AGS Chair Caroline Kratz, Forum Court Associates (FCA) Katie Kennedy, FCA Calum Spires, Equipe Group Neil Parry, GEL David Entwisle, BGS Jim Poole, Coffey Chris Vincett, Hydrock Vivien Dent, RSK Adam Latimer, Ian Farmer Associates Dimitris Xirouchakis, Structural Soils EDITORIAL STORY If you have a news story or event which you’d like to tell our editorial team about, please contact the AGS on 020 8658 8212 or ags@ags.org.uk. Please note that articles should act as opinion pieces and not directly advertise a company. The AGS is under no obligation to feature articles or events received.

CONTACT US AGS Forum Court, Office 205 Devonshire House Business Centre, 29-31 Elmfield Road Bromley, Kent, BR1 1LT  ags@ags.org.uk  020 8658 8212

Julian Lovell AGS Chair

 Association of Geotechnical & Geoenvironmental Specialists  @agsgeotech www.ags.org.uk

Inside this month’s issue

FEATURE PAGE 10

 COVER STORY PAGE 6 

The Importance of Field Filtering and Preservation For Dissolved Metals to Prevent Significant Bias in Sampling and Analysis

A case study provided as a useful reminder that Scotland is a different legal jurisdiction from England & Wales.

Geraint Williams of ALS Global and Claire Stone of i2 Analytical UK, both Members of the Contaminated Land Working Group, discuss field filtering for dissolved metals.

EQUALITY, DIVERSITY & INCLUSION WITHIN THE GEOSCIENCES PAGE 8  Background on the latest AGS Seminar.

MINING WASTE DIRECTIVE AND DOWCOP PAGE 16  Peter Witherington asks: Should we get excited about the Mining Waste Directive and DoWCoP?

Q & A: STEVE HADLEY PAGE 18  The AGS Magazine conducts a Q & A with Steve Hadley of Central Piling.

MORE INSIDE

PAGE 4



News in Short: AGS Webinar Programme

PAGE 5



Standards Update July 2020

PAGE 20 

Working Group Update Safety

August 2020

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News in Short

AGS Webinar Programme Following the success of the AGS’ inaugural webinar, Urban Geoscience: opening up the industry to a more inclusive and diverse community, we’re pleased to announce a full webinar programme for 2020.

Critical Links in Ground Engineering • • • •

Registration details for the following three events will be announced in due course, but initial details are listed below for your diaries:

The Future of SPT Testing • • • •

Time: 11am Date: 15th/17th September TBC Duration: 1 hour and 30 minutes More details to follow

AGS 4.1 • • • • •

Time: 11am Date: Thursday 15th October 2020 Duration: 1 hour and 30 minutes Cost: Free of charge Sponsorship: Gold packages available

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• •

Time: 10am Date: Wednesday 4th November 2020 Duration: 4 hours Confirmed speakers: Julian Lovell (AGS Chair and Managing Director at Equipe), Jonathan Gammon (AGS Instrumentation and Monitoring Working Group Leader and Advisor/Non-Executive Director at Geotechnical Observations), Andrew Ridley (Managing Director of Geotechnical Observations) and Roger Chandler (Director Geotechnical Information Management at Bentley Systems) Cost: £60 for AGS members or £90 for nonmembers Sponsorship: Gold packages available

AGSi • • • • •

Time: 11am Date: Wednesday 25th November Duration: 1 hour and 30 minutes Cost: Free of charge Sponsorship: Diamond and Gold packages available

Sponsorship opportunities are available for all webinars. Please see package details below:

DIAMOND SPONSOR

• •

Company logo and overview on the AGS’ social media channels (Twitter and LinkedIn) Company overview on the AGS website

*one package available per webinar Price: £800 (members) or £1,100 (nonmembers)

GOLD SPONSOR

•

• • •

• • • • • • • •

Company website link or pop-up promotion to feature during the webinar Company mention during webinar opening & closing address Logo and overview in the event program Board level Q&A in AGS Magazine Full page advert in AGS Magazine (worth £400) Two complementary event registrations (applicable for paid for events) Large logo on sponsor slide during the webinar Logo on registration page Logo on marketing emails

*10 packages available per webinar Price: £350 (members) or £650 (non-members)

• • •

Logo and overview in the event program Logo on sponsor slide during the webinar Company directory insert in AGS Magazine (worth £50) One complementary event registration (applicable for paid for events) Company logo and overview on the AGS’ social media channels (Twitter and LinkedIn) Company overview on the AGS website

If your company would like to support any AGS webinars or if you’d like any further information on the events, please contact Caroline Kratz on ags@ags.org.uk.

The top three AGS publications for July 2020 1. Safe Ground Investigations in the Light of COVID-19 2. Guidance for Safe Intrusive Investigation of Contaminated Land 3. AGS Guide to Ground Investigation Reports To download the publications for free; click here.

Updated Standards: July 2020 Standard: BS EN ISO 22476-4 - Geotechnical investigation and testing -- Field testing. Part 4: Prebored pressuremeter test by Ménard procedure The above draft has been added and is ready to view. Please visit http:// standardsdevelopment.bsigroup.com/projects/2018-01350 to view the draft details.

Comment by: 29th August 2020 Standard: ISO DIS 23400 Guidelines for the determination of organic carbon and nitrogen stocks and their variations in mineral soil at field scale Copies of the draft standard for review can be obtained via BSI. Comment by: 9th September 2020

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Photo Credit: Leon Hawley, AECOM

Ground investigation – Scottish Law variations Note provided by Beale & Co

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Whilst there are areas where Scottish substantive law is very similar to English law, there are also areas of divergence, as well as a different Court system and procedure for claims north of the border.

he case of Midlothian Council v Raeburn Drilling and Geotechnical Ltd, RPS Planning & Developments Ltd, Blyth & Blyth Consulting Engineers Ltd & Bracewell Stirling Architects [2019] CSOH 29 is a useful reminder that Scotland is a different legal jurisdiction from England & Wales. Whilst there are areas where Scottish substantive law is very similar to English law, there are also areas of divergence, as well as a different Court system and procedure for claims north

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of the border. AGS members should bear this in mind when signing up to contracts governed by Scottish law and when considering bringing or when facing claims in Scotland that will be pursued through the Scottish Courts.

The above-mentioned case concerns the important topic of when claims become time-barred. In England & Wales, this is called the law of limitation. The law of limitation is covered in LPG 8 of the AGS Loss Prevention Guidance. In Scotland, it is largely covered by what is called the law of prescription. There are significant differences between prescription (in Scotland) and

limitation (in England & Wales).

stage, the Council had no inkling of either any issues with the development or with Blyth & In terms of claims for breach of contract, Blyth’s advice. However, the Court decided the most obvious difference concerns time that the expenditure was wasted and thus periods. In Scotland, the starting point is that constituted a loss, and that (as it knew of the the obligation to make payment for a loss expenditure) the Council had the requisite caused by a breach of contract “prescribes” i.e. knowledge of the loss for the purposes of expires after five years. In England & Wales, starting the prescription period. The result the starting point is that a being that more than five claim for breach of contract years had passed between It is important to becomes time-barred six the Council’s expenditure note that this case years after the breach (if the may well not be the last and it commencing Court contract is under hand) or proceedings against Blyth & 12 years (if the contract is word on prescription Blyth. Therefore, the claim executed as a deed). issues in Scotland in the had prescribed and was out context of construction of time. (For the avoidance The question of when (under Scottish law) the five disputes, as other cases of any doubt, no fault was year prescription period work their way through attributed to any of the defendants.) commences was considered

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the Courts.

in the above-mentioned case. In this widely reported decision, the Outer House of the Scottish Court of Session held that the prescription period started on a very early date, thus resulting in a tough decision for the claimant (and a very favourable outcome for the defendant consultant).

The case will be of wider interest to AGS members as it concerns an alleged escape of gas from former mine works beneath a residential housing development at Gorebridge near Edinburgh. The owner of the site, Midlothian Council, brought a claim against (amongst others) its consulting engineers on the project, Blyth & Blyth, alleging negligence in relation to their site investigation services and advice.

In a decision concerned solely with the issue of prescription, the Scottish Court held that the Council’s prescription period against Blyth & Blyth commenced as soon as the Council incurred expenditure on the construction of the development in reliance on Blyth & Blyth’s advice. This was despite the fact that, at that

It is important to note that this case may well not be the last word on prescription issues in Scotland in the context of construction disputes, as other cases work their way through the Courts.

There is also the prospect of legislative reform as a new Prescription Act is pending. However, for now, AGS members should note this case, especially if you face the prospect of a claim in Scotland arising from your professional services, as the Midlothian decision is clearly favourable for consultants.

The information in this article is, of necessity, generic and is not intended to be a complete or comprehensive statement of the law, nor does it constitute legal or specialist advice. It is intended only to highlight issues that may be of interest to AGS members. Neither the writer, nor AGS, assumes any responsibility for any loss which may arise from accessing, or reliance on the material and all liability is disclaimed accordingly. Professional advice should be taken before applying the content of the article to particular circumstances.

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Equality, Diversity & Inclusion within the Geosciences July 2020 will see the delivery of the inaugural webinar for the AGS with Dr Nick Koor introducing the subject of Urban Geoscience.

Nick is currently Associate Head of Research and Innovation at the University of Portsmouth in the School of Environment, Geography and Geoscience.

is an organisation which represents the majority of UK ground-related associations and bodies, and which also has representation from academia. Ground Forum is also our lobbying body as it has representation on the Construction Industry Council which sits on a number of government steering committees.

The decline of geoscience undergraduates He is an Engineering Geologist who teaches has been on Ground Forum’s agenda for a Geomechanics to both number of years and recently Undergraduate and Nick has been representing The decline Postgraduate students. Prior the University Geoscience of geoscience to being an academic Nick UK group within Ground undergraduates worked within industry Forum. The AGS has also for 22 years on major Civil has been on Ground been working with Nick Engineering and Building Forum’s agenda for and the UGUK Industry Engineering projects in both panel which has been set a number of years the UK and Asia. He leads an up and through that forum and recently Nick has Industrial Working Group for a number of Webinars have been representing the the University Geoscience been organised through UK committee tasked with University Geoscience the Geological Society of understanding the changing UK group within Ground London. The discussions landscape in geoscience have involved a wide range Forum. careers and translating this of contributors including into what an “industry ready” teachers, lecturers, postgeoscience graduate should look like. grads, experienced practitioners, early career

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As a bit of background to the webinar, the AGS is a member of Ground Forum which

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practitioners and geoscientists who have recently graduated. The discussions have driven the educational establishments within

engineer this into the offering and create a geoscience subject that appeals to a wider section of our community and which will positively benefit industry and, therefore, AGS members.

In response to some of the recent social media posts, the AGS is very pleased to be involved with an initiative which seeks to improve equality, diversity and inclusion in geoscience. The AGS has an ongoing initiative to support ground engineering professional qualifications and is looking to support academia in developing innovative teaching methods and content which can open up the industry to a wider community. The AGS geoscience to review their offering and also is a not for profit trade association which is how geoscience is perceived within society. managed by elected individuals from member organisations, none of whom are paid by the Although this webinar includes within the AGS. The trade association was established title ‘diversity’ and ‘inclusion’, to promote the industry and it is not a webinar purely Both industry and to address the commercial, aimed at addressing issues of safety and quality aspects of academia readily BAME representation within the member’s activities and acknowledge that geosciences specifically, nor is it a direct response to increasing diversity and recognises that equality, diversity and inclusion are the vitally important global promoting inclusion an important aspect of political, social and cultural within geosciences has those activities. The AGS is movements of today. Instead, an incredibly important also actively working with it will be aiming to discuss Ground Forum to set up a role to play... and ultimately produce a relationship with STEER more nuanced, rounded and Support & Mentoring CIC in holistic approach to geoscience respect of supporting the mentoring of BAME education. Both industry and academia readily and female students. acknowledge that increasing diversity and

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promoting inclusion within geosciences has an incredibly important role to play, but there are many facets to the challenge which we hope to discuss during the course of the webinar.”

During the Geological Society webinars it was clear to the educators that the geoscience offering requires an overhaul and the subject of Urban Geoscience could be one part of the strategy which could have an impact. Without intervention this may or may not happen organically but we have an opportunity to

This webinar and other initiatives are small steps the AGS can make to positively address equality, diversity and inclusion but are part of a much bigger initiative and strategy across the construction sector which AGS and their members will play their part.

The webinar – Urban Geoscience – Opening up the industry to a more inclusive and diverse community is available to view again on the AGS website.

August 2020

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The Importance of Field Filtering and Preservation For Dissolved Metals to Prevent Significant Bias in Sampling and Analysis

Article contributed by Geraint Williams, ALS Global Claire Stone, i2 Analytical UK Members of the Contaminated Land Working Group

M

ost practitioners understand that field filtration and preservation is considered as a minimum standard when collecting water samples for dissolved metals analysis. However, many people may be unaware of the causes and potential magnitude of negative consequences associated with delayed filtering.

The need for field filtering and preservation Dissolved metals in water exist in complex equilibria, which can be impacted by many

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physical and chemical factors, particularly redox conditions, pH or temperature, which can trigger changes due to precipitation, co-precipitation, sorption or dissolution of particulate matter. These factors can cause significant positive or negative bias to dissolved metal concentrations. The only way to ensure that water samples collected for dissolved metals will accurately represent conditions at the time of sampling is to conduct filtration in the field immediately after sample collection. The filtered sample should be placed in a dedicated preservative bottle. The type of preservative bottle depends on the specific metal contaminants of concern.

Co-Precipitation of metals Perhaps the most common pitfall from delayed filtration of dissolved metals is caused by the

Figure 1: Pictures published with the permission of Peter Hewitt, Laing O’Rourke

precipitation of iron oxides and associated on the co-precipitation of other metals from co-precipitation of other metals. This happens groundwater samples and found substantial because ferrous iron is losses of most dissolved When iron relatively water soluble (up metals (in comparison to 100 mg/l), whereas ferric to field filtered metal precipitation iron is practically insoluble concentrations), with losses occurs in a sample, in water under normal up to 100% in several cases other metals can coenvironmental conditions where filtration was delayed precipitate... (generally <10 µg/l). Ferrous (by 6-days in these worstiron exists and is stable in case examples). Arsenic, anaerobic waters but when a groundwater lead and cadmium were particularly impacted sample is exposed to air, oxidation of ferrous by co-precipitation, in addition to the expected iron to ferric iron can occur rapidly, as in Figure loss of iron. A summary of the results for 1, sometimes in less than an hour (oxidation arsenic, lead, cadmium and iron are shown in rates increase substantially at higher pH).

Figure 2.

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When iron precipitation occurs in a sample, other metals can co-precipitate, causing substantial changes to the overall dissolved composition of metals in the sample. This is a well-known phenomenon, and precipitation of iron under these circumstances is expected but co-precipitation of other metals is generally less understood.

Case Study on Co-Precipitation

For these five samples, arsenic losses averaged over 80%, lead losses averaged over 95% and cadmium losses varied significantly by sample, ranging from zero to 97% loss. The impact on sample results can be clearly seen, with many of the samples potentially having key metal concentrations underestimated by a factor of 10 to 100 times if correct filtration techniques were not employed.

ALS studied the impact of iron precipitation

 August 2020

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Figure 2

Conclusion There has long been an awareness of the negative impacts of delayed filtering and preservation, however, the magnitude of the effects of co-precipitation of a range of key metal contaminants, not just iron, needs to be taken into account when reviewing results from a laboratory.

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Care needs to be taken to ensure the filtration is carried out correctly and effectively. It is not uncommon for filters to block due to high amounts of particulates...

Care needs to be taken to ensure the filtration is carried out correctly and effectively. It is not uncommon for filters to block due to high amounts of particulates in solution and in such cases the filtration may become impossible, or there may be filter “bleed through” whereby the particulates bypass the filter and end up in the final laboratory sample. Where this happens, the sample is compromised as the sample is not fully filtered to produce a dissolved sample; it is also additionally compromised in that it is not a “total” metals

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sample either.

In order to prevent these issues, samples should always be correctly filtered and preserved to ensure they are representative of field conditions and the subsequent analysis of dissolved metals is reliable and valid. Such data is frequently used to inform controlled waters risk assessment or remediation.

References AGS Guide to Environmental Sampling, Association of Geotechnical and Geoenvironmental Specialists, 2019 BS EN ISO 5667-3: 2018 Water quality: Sampling – Part 3: Guidance on the preservation and handling of samples BS ISO 5667-11: 2009 Water quality. Sampling.

Guidance on sampling groundwaters

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August 2020

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Should we get excited about the Mining Waste Directive and DoWCoP? Article contributed by Peter Witherington Professional and Technical Panel Member of SiLC

I

hesitate to suggest it is ever possible to become excited about waste. However, since that memorable day in 1994 when friendly Auntie CoPA left us, my children have called me a ‘sad dad’. This is probably because I loved telling them the fairy tale about how, because of an evil spell from a wicked witch who lived in lands across the sea, the sand from their sandpit underwent a magical transformation into that dreaded Monster Waste when they dropped it on my lawn.

The twists and turns in this tale over the last 16 years have left us breathless with the grandest lawyers in the land knitting together a web of intrigue to the design of the wicked witch. But fear not, in the nick of time, fairy godmother CL:AiRE brought us Princess DoWCop who, wielding her magic wand, gave the cleverest servants superpowers to fight that dreaded Monster returning him back to sand. And they

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all lived happily ever after . . .

Well, unfortunately, Prince DoWCoP’s powers were limited and unable to give superpowers to turn the Waste Monsters carelessly spilled onto the beach the beach, back to sand.

I am sorry but that is exciting as I can make the story but maybe someone else could pick it up and make it into a children’s best seller.

So, what is the reality? Article 2.4 of the Mining Waste Directive (MWD) is quite specific in stating that waste falling within its scope (extractive waste) is not subject to the Landfill Directive. As DoWCoP only deals with waste covered by the Landfill Directive, paragraph 11.1 was introduced, which expressly excludes its application to wastes that fall under the scope of the MWD. The directive defines extractive waste as: “waste resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries”. Even though the material may have been deposited decades ago, it would still qualify as waste unless the ‘end of waste’ test has been satisfied (and I think we can assume that if the material has just been left in situ and

not recovered in any way, it will still be waste).

Directive.

It would, therefore, appear that in redeveloping So, when dealing with a site such as a former former extractive sites, the construction colliery where wastes from the mining industry could be dealing with wastes that are operations have been deposited, not covered by the Landfill the poor qualified person Directive and the process of Under the MWD is left with the dilemma applying DoWCoP to define a “Waste facility” of deciding whether she materials as ‘non waste’ is dealing with a Mining is defined as any area would not be appropriate.

Waste Facility or not. If the designated for the Under the MWD a “Waste former, she cannot use the accumulation or deposit facility” is defined as any provisions of DoWCoP to reof extractive waste for area designated for the use the site arisings if they given periods of time. accumulation or deposit comprise mining waste. of extractive waste for given So, what would the MWD periods of time. Where the waste require? has been designated as such for 3 years, or There are thirteen articles within the MWD more, the area will qualify as a “waste facility” defining the regulatory requirements, one of regardless of the type of waste. Colliery spoil which is an Environmental Permit. However, on most sites will have been in place for more an Environmental Permit is not required for than 3 years and hence it seems likely that the those facilities that were closed by 1 May 2008, site becomes a waste facility regulated under those that stopped accepting wastes and those the MWD. completed by 21 December 2010. Many former However, as with all things to do with waste, extractive sites will have ceased operations nothing is simple and the MWD provides a before the stipulated dates but what are the couple of exclusions that could potentially implications when the materials are moved apply: around as part of the construction project?

The wastes remain extractive Firstly, when wastes derived wastes and presumably still Inert waste is by the extractive industries fall within the scope of defined as “waste is transported away from the MWD. Should this be the mining waste facility it that does not undergo the case the beleaguered ceases to fall within its scope any significant physical, qualified person can look to and as such falls under the the directive once more and chemical or biological regulation of the landfill see an important exception transformations... directive. The location of the to the requirement of an mining waste facility involving Environmental Permit: operations that took place before the mining waste directive was introduced might be Inert Waste and Unpolluted Soil. Article 7 of difficult to define. the MWD (i.e. the obligation to hold a permit for a waste facility) do not apply to inert waste and Secondly, the directive excludes areas unpolluted soil resulting from the prospecting, that have been used for deposition of both extraction, treatment and storage of mineral mining waste and other wastes; in these resources and the working of quarries, and circumstances both the mining waste and the waste resulting from the extraction, treatment other waste would be regulated by the Landfill and storage of peat.

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Table 1 MWD Directive Requirements for Inert Wastes and Unpolluted Soil* Environmental Permitting Guidance. The Mining Waste Directive For the Environmental Permitting (England and Wales) Regulations 2010 Updated May 2010 Version 1.1. Paragraph 2.24 Article

Description

4 5 6 7 8 9 11(1) 11(2)

General Requirements Waste Management Plan Major accident prevention and information Directive requirement for a permit Public participation Deposit in excavation voids Management, technical development and training Requirements on location, construction, management, maintenance, monitoring, inspection, restoration, aftercare and record keeping Notification of events and environmental effects, implementation of emergency plans and reporting of monitoring results Closure and aftercare procedures Following closure, measures to control stability and minimise negative effects. Notification of events and effects, implementation of emergency plans and reporting monitoring results Requirements to prevent the deterioration of water status, soil pollution, prevent or reduce dust and gas emissions Reduction of cyanide in ponds Financial Guarantees Informing other Member States Inspection prior to waste deposit

11(3)

12(1-4) 12(5-6)

13(1-5) 13(6) 14 16 17 •

“Inert waste” is defined as “waste that does not undergo any significant physical, chemical or biological transformations.

Inert waste will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm human health. The total leachability and pollutant content of the waste and the ecotoxicity of the leachate must be insignificant, and in particular not endanger the quality of surface water and/

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Requirement for inert Waste Y/N Y Y N N N Y N For waste facilities only

N

Not required N

Y N N N N

or groundwater.”

•

“Unpolluted soil” is defined as “soil that is removed from the upper layer of the ground during extractive activities and that is not deemed to be polluted under the national law of the Member State where the site is located or under [EU] law”.

I think it can be argued that colliery spoil that is re-used during development comes under this definition of inert waste as it must have demonstrated that the material is suitable for use and checked whether it could burn,

biodegrade or adversely affect matter it comes into contact with. It will also have been necessary to check leachability and undertaken a groundwater/surface water risk assessment.

Inert waste still comes under certain requirements of the MWD as shown in Table 1 below that I have extracted from the EA Guidance on the WMD. The important conclusion from the EA Guidance is that Article 7 (The requirement for an Environmental Permit) does not apply to inert wastes and hence should the qualified person conclude that the materials fall within the scope of the MWD, they can breathe again as an Environmental Permit is not required to regulate the work.

The Articles which, nevertheless, must be complied with are: •

Article 4: This simply states the general requirements of the directive in terms of preventing harm to human health and the Environment and the planning conditions and WMP will ensure this is complied with.

•

Article 9: This deals with the infilling of mine (surface or underground) voids. In any event the requirements are all around ensuring stability and hence if ever voids have been infilled voids this requirement should have been complied with.

•

Article 11(2): These paragraphs deal with location, construction, management, maintenance, monitoring, inspection, restoration, aftercare and record keeping even when dealing with inert waste if it is in a waste facility. According to the directive if waste has been stored for more than 3 years, it automatically becomes a waste facility. That said, the location, construction and management have already been dealt with. Monitoring and inspection if required would be part of the planning permission for the new development and I presume

that restoration and aftercare are all part of the development. Record keeping could become an issue but see comments on Article 5 below.

•

Article 5: This article is the most significant for redevelopment work in that it requires preparation of a Waste Management Plan.

However, looking through the requirements of the Article, all the items required in a WMP are provided in an MMP (apart of course from the name). The added advantage of the MMP is the requirement to maintain records that would fulfil the obligations under Article 11(2).

Conclusion I suspect that many construction projects on former colliery sites may have inadvertently applied DoWCoP to materials that are excluded through paragraph 11.1. However, I do not see that these operations have been flouting the law since it is likely they have been dealing with inert waste that does not require implementation of an Environmental Permit.

Following the requirements of DoWCoP and with the onus under planning to protect Health and Safety and the Environment operations are fulfilling the obligations of the MWD albeit not directly in line with its provisions. By following DoWCoP, practitioners are providing regulators with all the information and more that could be required under the MWD. I am sorry for not providing the excitement that my title might have offered but it seems to me that we are in the land of fairy tales. I wonder how many more twists and turns there will be and whether “Great King Boris” can provide any easier route through this labyrinth than the “wicked witch” he thinks he is endeavouring to protect us from. Maybe this is a tale to be picked up by my children who now have children of their own . . . but probably not as fortunately the ‘sad dad’, now grandpa, has failed to pass on his enthusiasm for the subject.

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Q & A with...

Steve Hadley Job Title: Managing Director and Chair of the Federation of Piling Specialists Company: Central Piling and the Federation of Piling Specialists Brief Biography: At university I had an industrial placement year working in both a contracting and consulting role. Post-graduation, I settled on an amalgamation of the two with a design and build geotechnical contractor, Rock and Alluvium. I managed to gain a lot of experience in quite a short space of time due to the rapid expansion of the business at that time.

Who or what inspired you Fortunately, the company to join the piling industry? placed a great deal of My personal tutor at faith in my burgeoning Loughborough University ability and I was able to was a geotechnics lecturer increase my management called Paul Fleming. I really responsibilities along with connected with him and my technical skills. I spent that helped me understand seven years there in a large the subject, which in turn variety of roles and became encouraged me to pursue it as a Chartered Engineer at the a career. I’m still great friends earliest opportunity. with him.

My big break came when an opportunity came up to take over the business at Central Piling and I negotiated the purchase of the business. Since then my responsibilities have leaned more towards business improvement and commercial areas, but obviously as Managing Director, I oversee all aspects of our work.

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What does a typical day entail?

I wake up at 6am and start the day with yoga, followed by a big breakfast. I start work at 8am and first plan my day and respond to any urgent emails. I then generally spend a couple of hours with more creative work such as writing blogs or marketing plans. I’ll then get out for a run and have a quick

bite to eat before sitting down with my Estimating Director and Technical Manager to review high value and complex schemes. I’ll then join the contracts team to review production and any HSQE or HR issues that have arisen during the day.

Are there any projects that you’re particularly proud to be a part of?

We completed a scheme for Galliard Homes called Harbour Central a few years ago. This was a complex deep basement and 45 storey tower. We used some sophisticated design techniques to understand the soil and structure interaction. We delivered the job significantly under budget and ahead of programme.

Everyone pulled together and we had a great relationship with the client and consultant teams from Meinhardt and CGL.

What are the most challenging aspects of your role?

There are times when I have to have difficult

Steve Hadley and members of Central Piling on the South Downs Way Walk conversations with people about performance. This is a crucial part of the role so they understand the expectations that I and the company has.

Similarly, I can get feedback if there’s something that the business can do to assist them. Ultimately it does make the process of severing the relationship easier if you’ve done everything to engage along the way.

When did you join the FPS and why?

I’ve been involved with the FPS since my early days at Rock & Alluvium where I sat on the Technical Committee.

Central Piling joined around eight years ago. At the time, I saw it as an opportunity to help improve the business and provide a benchmark against other contractors. Since then as the company has matured and I see our participation more about playing a part in improving the lives of people working in the industry.

As Chair of the FPS, what does your role involve?

As well as the administrative side of the role, I’m the figurehead and responsible along with the rest of the Executive Committee for agreeing lots of the initiatives that the FPS undertakes. I’ll

stay closely involved with many of those through their evolution.

What changes would you like to see implemented within the geotechnical industry?

What are your ambitions for the Federation of Piling We need to make the industry Specialists over the next more inclusive. There are two year? practical ways to do this which I’m particularly keen to ensure that the FPS messages resonate with more people, so I’m working hard to ensure that we look at alternative methods of outreach such as the blogs, podcasts and the webinar series that we’ve launched. My passion for wellbeing and equality is quite well established so they will be very prominent themes during my tenure. Nevertheless, the traditional FPS priorities such as site safety and commercial good practice will still be an integral part of FPS activity.

Why do you feel the FPS is important to the industry?

As a collective representing approximately 80% of the industry by turnover, we have a very strong influence when producing statements on sector issues. The various committees also contain the best minds within the industry in their respective fields and the FPS provides a forum in which they can work together to produce best practice guidance.

the FPS is actively pursuing such as the mentoring scheme, internships and networking opportunities. Improving occupational health will also be beneficial in addressing the lack of gender and BAME diversity but it is important to everyone.

How do you feel COVID-19 has affected the construction industry and what can be done so the industry can make a full recovery?

It’s been a challenging period in many different ways. Friends of mine have struggled with the isolation and the uncertainty that has developed. The industry has adapted well and ultimately the work will return to normal levels. The financial support from the government and ultimately the guidance via Build UK have also been welcomed. Changes to some of our working practices have additionally provided an indicator of how we can work more sustainably in the future.

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AGS Working Group Focus

Safety Overview updated and re-released as government guidelines change and new industry processes are developed.

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COVID-19 is likely to have an ongoing impact to the industry as a whole. At present it is unclear how large this impact will be and how long it will last.

COVID-19 SAFE WORKING PRACTICES ON SITE

The group have worked hard to produce this guidance quickly in light of the COVID-19 crisis with the outside assistance of Paul Nathanial. I am extremely grateful for all the hard work they have put in, but we understand it is work in progress.

Version 1 of our guidance document on safe working practices was released in May 2020. This is an active working document and will be

COVID-19 was a new risk to the industry meaning there was little guidance on how we should continue to work. The AGS Safety Working Group felt

Roseanna Bloxham, AGS Safety Working Group Leader, has provided an update from the Groups most recent meeting, which was held virtually on 20th May. Here is an overview on the top topics which are currently in discussion:

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it was important to aid their members at this time by producing an outline document that shares ideas for measures which could be introduced.

COVID-19 is likely to have an ongoing impact to the industry as a whole. At present it is unclear how large this impact will be and how long it will last. The main focus of the Safety Working Group is to provide our members with guidance and information to help keep them working and safe during this time.

If any readers of AGS Magazine have any comments or

Photo Credit: Dominic Whitehead, Bridgeway Consulting

thoughts for future versions of this guide, please do send comments across to ags@ags. org.uk for consideration.

TRIAL PITTING Trial pitting is currently an ongoing discussion for the group. There are a number of guidance documents associated with trial pitting within the industry with conflicting views. In addition, the questionnaire sent out

by Steve Everton in October 2019 highlighted that there are discrepancies within companies regarding safety when trial pitting, and no obvious quick and easy solutions. Given the scale of the topic a separate sub-group has been formed to tackle the issues in greater detail. The initial aim of the group is to review existing AGS guidance

associated with trial pitting.

Safety surrounding trial pitting is complex, whist this process of investigation has been around for decades with little evidence of falls into pits, there is a big ‘what if’ hanging over the process. The AGS Safety Working Group feel it is important to investigate potential ways to target this ‘what if’ to pre-empt and prevent harm to their members.

GENERAL OVERHAUL OF AGS EXISTING GUIDANCE It has been noticed by the group that a number of guidance documents on the AGS website are over 6 years old and may have been overlooked. The group has decided to put a focus on reviewing these older

documents and either bring them up to date in line with current guidance or rewrite them and withdraw as necessary.

ADDITIONAL TOPICS In addition to the topics mentioned above, the Safety Working Group hold regular, ongoing discussions related to mental health and undergraduate involvement and training.

We are always keen to welcome new members into the Safety Working Group and so for those interested in the governance of the AGS and wish to know how you can contribute to the SWG, please contact the AGS Secretariat at ags@ags.org.uk.

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Training Courses

Resumed Training: Specialist Geotechnical Courses Equipe Training are delighted to confirm that their specialist geotechnical training courses are returning to be delivered in person at our dedicated training facility just outside of Banbury, Oxfordshire. The courses will be operating with limited places to ensure social distancing.

Available upcoming dates are provided below: •

9th September 2020 - Professor David Norbury’s Soil Description Workshop

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30th September 2020 - Professor David Norbury’s Rock Description Workshop

•

14th October 2020 - Geotechnical Foundation Design

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15th October 2020 - Slope Stability Design

Places on these courses can be booked online here, or via contacting Equipe on +44 (0)1295 670990 or info@equipegroup.com

Resumed Training: Specialist Geotechnical Heath and Safety Courses Equipe Training and their health and safety training partners RPA Safety Services and EB Safety Solutions are delighted to announce their collection of specialist health and safety courses for the geotechnical market have resumed bein delivered in person, as well as being delivered online where required.

These courses are approved and certified by the Institution of Occupational Safety and Health (IOSH) and meet the requirements of UK Health and Safety regulations for working on geotechnical and land drilling sites. Upcoming courses have limited numbers of places available in order to maintain social distancing within the classroom environment. Upcoming dates include: • 2nd - 4th September 2020 - IOSH Safe Supervision of Geotechnical Sites • 1st October 2020 - IOSH Avoiding Danger from Underground Services Other health and safety courses include our latest H&S, asbestos-focussed course: •

25th August 2020 (Online Course) - Managing and working with Absestos Risk in Ground Investigation

Places on these courses can be booked online here, or via contacting Equipe on +44 (0)1295 670990 or info@equipegroup.com 22

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How to become a Member of the AGS AGS Members all share a commitment to quality in the geotechnical and geoenvironmental industry. This has become widely recognised by clients, governmental bodies and other associations that touch issues to do with the ground.

We welcome both companies and individuals who want to be recognised for their quality of practice to join our growing membership of over 130 Members. We shape our industry, continually improve practice and collaborate on issues that affect us all; from clients, all the way through to the people who use the land and the buildings we help develop.

To become a Member of the AGS, please visit http://www.ags.org.uk/about/become-a-member and submit your application online. Please note that all membership applications are reviewed by the Membership Committee 6 weeks in advance of each quarterly Executive meeting.

The deadline for the next round of completed applications is Tuesday 18th August 2020.

AGS Chemical and Legal Helplines All Members of the Association of Geotechnical and Geoenvironmental Specialists are entitled to free chemical and contractual advice through the use of Loss Prevention Committee Members, Marquis & Lord and Beale & Co. For advice on chemical safety and best practice, Marquis & Lord will provide 30 minutes of free advice to all AGS Members.

Additionally, if you’re an AGS Member and are looking for legal advice, please contact Beale & Co and ask quote ‘AGS Helpline’ where the first 15 minutes of legal advice will be free of charge.

CHEMICAL SAFETY HELPLINE Marquis & Lord Tel: +44 (0) 121 288 2386 www.marquisandlord.com

LEGAL HELPLINE (Please quote Beale & Co ‘AGS Helpline’) Tel: +44 (0) 20 7469 0400 www.beale-law.com

Member Reporting Service for Industry Issues If you have any queries regarding AGS Data Format, there is a discussion forum on the AGS Data Format website, where queries can be posted and answered by the Data Format team.

If a Member has any issues with regard to Safety, Contaminated Land, Geotechnical, Instrumentation & Monitoring or Laboratories which you think the industry should be aware of please email ags@ags.org.uk, we will then forward your email to the relevant AGS Working Group.

Disclaimer These articles are the opinions of the authors and are not intended to be a complete or comprehensive statement of the law, nor do they constitute legal or specialist advice. They are intended only to highlight current issues from date of publication that may be of interest. Neither the writer, nor the AGS, assumes any responsibility for any loss that may arise from accessing, or reliance on the material and all liability is disclaimed accordingly. Professional advice should be taken before applying the content of the articles to particular circumstances.

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Advertising and Rates An online advertising campaign within the AGS Magazine will help to build and increase industry awareness of your company’s profile, initiatives and offerings.

The AGS can help build a package to suit your needs and budget; whether it’s a series of adverts across multiple issues, a combination of event sponsorship and advertising, or a single advertorial.

How to Advertise in the AGS Magazine The AGS Magazine is a free email publication that looks at a range of topical issues, insights and concerns, whilst publishing new guidance notes, working group activities and information on upcoming industry seminars.

With 10 issues each year, our subscribers include industry professionals such as practitioners, chartered specialists, senior decision makers and managing directors To receive a media pack or to discuss advertising rates, please contact Caroline Kratz on 0208 658 8212 or email ags@ags.org.uk

Adversiting Requirements

Advert Sizes and Rates

All adverts should be sent in a PDF, PNG, JPEG, TIFF, PSD (Photoshop) or EPS (Illustrator) format.

 FULL PAGE W: 210mm H: 297mm RATE: £400  HALF PAGE W: 210mm H: 145mm RATE: £250  QUARTER PAGE

COMPANY NAME ADDRESS CONTACT NUMBER EMAIL

W: 105mm H: 145mm RATE: £160

LOGO

 DIRECTORY Company name, address, contact number, email and one logo.

RATE: £50

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All advertising artwork must be supplied in 114 dpi resolution.

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Artwork must be delivered to the AGS using the agreed artwork specification size listed left.

Artwork should be emailed to ags@ags.org. uk no later than 10 days prior to publication.

Directory

ADVERTISE HERE FOR JUST £50

ADVERTISE HERE FOR JUST £50

AGS Dates for Your Diary The Future of SPT Testing Online Webinar • • • •

Time: 11am Date: 15th/17th September TBC Duration: 1 hour and 30 minutes More details to follow

For more information, contact ags@ags.org.uk

AGS 4.1

Critical Links in Ground Engineering

Online Webinar

Online Webinar

• • • • •

• • • •

Time: 11am Date: Thursday 15th October 2020 Duration: 1 hour and 30 minutes Cost: Free of charge Sponsorship: Gold packages available

For more information, contact ags@ags.org.uk

AGSi Online Webinar • • • • •

Time: 11am Date: Wednesday 25th November Duration: 1 hour and 30 minutes Cost: Free of charge Sponsorship: Diamond and Gold packages available

• •

Time: 10am Date: Wednesday 4th November 2020 Duration: 4 hours Confirmed speakers: Julian Lovell (AGS Chair and Managing Director at Equipe), Jonathan Gammon (AGS Instrumentation and Monitoring Working Group Leader and Advisor/Non-Executive Director at Geotechnical Observations) and Roger Chandler (Director Geotechnical Information Management at Bentley Systems) Cost: £60 for AGS members or £90 for nonmembers Sponsorship: Gold packages available

For more information, contact ags@ags.org.uk

For more information, contact ags@ags.org.uk August 2020

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