Definition of municipal waste set to be clarified in 2009

The Department for the Environment, Food and Rural Affairs (Defra) is intending to consult on changes to the definition in the Spring, and introduce amended legislation later in 2009. However, the new definition is not likely to apply until the start of the 2010/11 LATS year to avoid disruption mid-scheme year.

Defra first issued a consultation on the definition of municipal waste within the LATS in England in 2007, in a bid to give waste disposal authorities long-term certainty over just how it was interpreted (see letsrecycle.com story).

Councils had expressed particular concern over the apparent difference between the practical definition used in the Government's LATS guidance and the legal definition set down in the Waste and Emissions Trading (WET) Act 2003.

According to the WET Act (section 21), municipal waste is as “(a) waste from households, and (b) other waste that, because of its nature or composition, is similar to waste from households.”

However, paragraph 6 of the Guidance published by Defra in August 2004 stated that “The Government's view is that the definition of municipal waste in the Landfill Directive encompasses all waste under the control of the local authorities be they waste disposal, waste collection or unitary authorities”.

As a result, Defra initially set out to amend the WET Act in 2008/09.

Despite this, Defra said that some outstanding “issues” have meant that the plans are being consulted on for a second time. For instance, the definition of municipal waste is also used in National Indicator 193 – the benchmark by which councils are measured with regards to how much municipal waste they landfill – which will also need to be changed at the same time. The proposed definition also excludes separately collected construction waste, and the planned consultation is expected to clarify exactly what is covered by that term.

Two-tier 

As part of the same consultation, Defra will also consult on the duty of two-tier areas to produce Joint Waste Management Strategies, which is also contained in the WET Act.

In a document outlining the plans, the department said: “The precise formulation of the proposed amendment to the definition of municipal waste in the legislation has been subject to careful consideration, and through this process the wording has moved on from that originally considered at the time of first consultation.

“We are consulting for a second time in order to ensure that this formulation does indeed deliver the desired outcome. The text of the proposed regulations will be included as part of the consultation”, it added.

The Landfill Allowance Trading Scheme is the mechanism set up by the UK government to allow the UK to meet its targets to divert biodegradable municipal waste from landfill in the EU Landfill Directive.