Andy Moore, director of UK Recyclate Ltd, and a leading figure in the legal challenge against the government over its interpretation of the Waste Framework Directive, told the Local Authority Recycling Advisory Committee (LARAC) conference in Nottingham yesterday (October 15) that there are ‘clear’ situations where a legal challenge against an authority could be made.
The Waste (England and Wales) Regulations state that from January 1 local authorities and contractors must collect at least paper, metal, plastic and glass separately unless it is not technically, environmentally or economically practicable (TEEP) for them to do so, or if it is not necessary to produce ‘high quality’ recycling.
Addressing the conference, Mr Moore, a long-time advocate of source separate collections, claimed that for those local authorities seeking to comply with the regulations, it is ‘impossible’ to avoid using a separate collection system, rather than commingling materials in one container.
He added that some local authorities are reluctant to change their collection arrangements, as finances had become ‘cozily wrapped’ around their waste contracts.
Mr Moore said: “I’ve come to the conclusion that if the regulation was properly enforced, exceptions to separate collections would be very local indeed.”
Legal challenge
And, the campaigner added that despite the Environment Agency’s seeming reluctance to engage in legal action against councils or waste management firms, a legal challenge from elsewhere still remains a possibility.
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He said: “We have recently learned, to my great surprise, that the Environment Agency is reluctant to enforce through legal action. But, what you have to also bear in mind is that it doesn’t prevent anyone with a reasonable interest in the issue from doing exactly that. The tension between price and quality can, and I say will, drive that. So that is potentially an enormous exposure for a local authority.
“I don’t want to challenge or see challenged any local authorities trying to do the right thing. But standing back and looking at the whole situation in the UK regarding the regulations I would say that there are clearly situations where a challenge might reasonably be brought and I also think it would be beneficial in terms of the direction and clarity of these regulations.”
Response
The prospect of a legal challenge was met less than enthusiastically by members of the audience with some delegates using the question and answer session to outline local challenges in switching to separate collection, including support from residents for particular collection systems. Some local authorities also pointed to the cost involved in engaging consultants to thoroughly assess whether their service meets the requirements of the regulations.
However, Mr Moore argued that he saw legal action as the ‘only route’ to pursue, in order to ensure that local authorities act ‘responsibly’ within their legal duty.
He added: “I’m not some pantomime villain, and I think I have been portrayed as that by some people recently. I want responsible behaviour. I want to see sound laws which protect the environment to be adhered to. And, since I am a campaigner, I am used to taking personal responsibility and am prepared to be proactive in pursuit of that so I invite you to tell me how irresponsible is that? I think it is the only way to go.”
Commingling
However, Viridor’s managing director of resource management Herman Van Der Meij challenged the view that the regulations can only be met through separate collections, claiming that MRFs can produce material of sufficient quality to fulfill the legal requirements.
He claimed that the waste management firm has seen a ‘growing appetite’ for commingled or twin-stream collection systems, and defended the quality of MRF-sorted material.
He said: “Why do some people see this as such a threat, is this the real issue? The question is all about quality. We are able to produce quality out of commingled material.”
The LARAC conference continues at the East Midlands Conference Centre in Nottingham today.
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