Flexibility vital in kerbside collections

A Judicial Review into Defra’s interpretation of the revised Waste Framework Directive was scheduledto take place onDecember 13 in Cardiff. It was brought by seven members of the Campaign for Real Recycling who claimed that Defra did not accurately transpose the Directive’s requirement for separate collections into domestic law. In particular they were concerned that commingled collections counted under the regulations as separate.

But, yesterday the Department said it would be making technical changes to its regulations because it feared they may be overturned in court (see letsrecycle.com story). It is now seeking for the court hearing to be postponed while these changes are made. The department insisted that it would be protecting flexibility of service through its actions.

Commenting on this, the Environmental Services Association (ESA), which represents waste management companies, said it was important that any changes which were made did not limit the services which its members offer.

Matthew Farrow, ESA director of policy, said: We note Defras decision to amend the regulations to ensure they comply with EU policy while allowing local people to choose the recycling service that best suits them. We agree that local flexibility remains vital. Our members operate both co-mingled and kerbside sort collection systems depending on the preference of their local authority customers, and find that while each system has its own merits, both can deliver high quality recycling.

LGA

The Local Government Association agreed that it was important to maintain local choice over how recyclables are collected. Both the ESA and the LGA had been due to give evidence at theJudicial Review.

Cllr David Parsons, chairman of the LGA Environment Board, said: Recycling is a real success story. For that success to continue it is vital that councils and their communities having the flexibility to choose a waste collection service that best suits the local circumstances of their area .

Some 57 per cent of councils in England and Wales collect mixed recyclables which are then sorted back at a waste plant. There would be huge ramifications for the 197 local authorities and residents in those areas where this arrangement currently works well if they were to be forced to start sorting waste at the kerbside instead.

The main focus should be on supporting councils to ensure that targets for reducing the amount of waste buried in the ground are met and that hefty EU fines are avoided.

CRR

For its part, the Campaign for Real Recycling said it would be waiting until Monday to issue a full comment.

In a statement, the campaign said: The Campaign for Real Recycling (CRR) was interested to read on letsrecycle.com that Defra and its co-defendants would like to avoid the Judicial Review of their interpretation of the revised Waste Framework Directive. The High Court is scheduled to hear the case against the English and Welsh Governments interpretation on 13 December, and the CRR believes it is not appropriate to comment on this development until Monday, after claimants for the Judicial Review have met with lawyers representing them in this case. A further statement will be made after this.