A campaigner in the Judicial Review case against the UK government and the Welsh Government stance on waste collections has warned local authorities in Wales that guidance published yesterday makes it very difficult to retain commingled collections.
Andy Moore, managing director of UK Recyclate Ltd, and a key member of the Campaign For Real Recycling, welcomed the Welsh Governments guidance document on separate collections and recycling quality.
The document, on which the Welsh Government is currently seeking feedback, outlines the conditions that it is believed local authorities and private waste contractors should meet in order to comply with the Waste (England and Wales) Regulations 2011 which bring into law the terms of the EUs revised Waste Framework Directive.
A legal challenge lodged by CRR over Defra and the Welsh Governments transposition of the Directive in particular whether commingled collections are permissable was ultimately unsuccessful after it was found that officials had correctly interpreted the law (see letsrecycle.com story). The result of the case was welcomed by the Local Government Association (see letsrecycle.com story).
TEEP
The Directive states that separate collections of at least paper, metal, plastic and glass are required if technically, environmentally and economically practicable (TEEP) and appropriate to meet the necessary quality standards for the relevant recycling sectors.
Yesterdays draft guidance was drawn up to provide greater clarity on what local authorities and waste contractors must do to ensure that they have met their legal requirements, but Mr Moore claims that it backs up the CRRs view on separate collections being a necessity.
He also added that UK Recyclate will be assessing how the Regulations are applied by local authorities nationwide, after the January 2015 deadline for local authorities to bring the requirements into effect.
Mr Moore said: We welcome this draft, which is consistent with the Welsh Waste Strategy and with the principles on which the Campaign for Real Recycling fought the Judicial Review which ended last year. It makes it very difficult for any authority to retain or switch to commingling. Separate collections are required in law, with any exceptions requiring very clear justification and evidence trails. We will be making a point of checking on those as they arise.
In its guidance, the Welsh Government has claimed that although the 2011 Waste Regulations do not prohibit the use of commingled collections of the four waste streams from 2015 they establish that separate collection is the default position that collection authorities and contractors must adopt.
Resource Association
The Resource Association, the trade body representing the UK’s reprocessing sector has also welcomed the publication of the Welsh Government guidance.
In a statement, the Association’s Ray Georgeson, said: “We welcome the publication of this draft statutory guidance and the associated formal consultation with stakeholders. Clearly, this work has been a long time in gestation, but it is very welcome to see the Welsh Government providing leadership to local government in Wales and the wider resource management sectors.”
Meanwhile, the organisation has also welcomed the TEEP ‘route map’ available for councils in England and Wales, developed by a working group comprising WRAP, LWARB, the Waste Network Chairs and environmental consultancy Eunomia, which provides a step by step process for councils to assess whether their collection services are compliant with the requirement for separate collections (see letsrecycle.com story).
Mr Georgeson added: If this route map is followed thoroughly by local councils, it should be of value in ensuring their decision-making processes are robust. Taking good advice and being thorough will be the key, but this work should be welcomed by councils in the absence of statutory guidance from Defra.
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