Defra has today (November 8) formally published plans to change the law to allow councils to charge for the disposal of waste from non-domestic properties, such as prisons, hospitals and schools, which are listed under Schedule 2 of the Controlled Waste Regulations.
Under the regulations, local authorities can charge for the collection of waste from properties included within the schedule, but not for its disposal, raising concerns that councils are paying millions of pounds to dispose of waste over which they have no control.
Announcing the consultation, Defra acknowledged that the regulations as they stand have been causing “many problems” for both councils and their customers due to the difficulty in interpreting them, and said it was felt that they “distort the market” by preventing councils from charging for disposal from the properties affected.
Enviros research, published in November 2009, which is referenced in the consultation document, concluded that local authorities' subsidy of non-domestic waste disposal is costing them £29 million-a-year, and could cost an additional £24-32 million-a-year if all Schedule 2 premises chose to use their subsidised council waste services.
This cost was alluded to by the waste and recycling minister, Lord Henley, who said: “Under the current Regulations local authorities effectively subsidise waste management costs of these Schedule 2 premises by paying the disposal costs from their own budgets.
“The proposals in the consultation would enable local authorities to make a charge for collection and disposal services from the types of premises listed in Schedule 2 of the current regulations if they chose to do so.
He added: “The proposals would create a level playing field for local authorities, businesses and their customers and would mean that councils would no longer have to subsidise services provided to certain premises.”
Options
The consultation details two possible options for further action on the regulations, the first being to issue guidance on the existing regulations and the second being to introduce new regulations.
The government's preferred option is to introduce new regulations, which it said would provide a “long-term” solution to the issues identified by its long-running review of the Schedule 2 issue.
It also claimed that, by being clearer and more consistent with other waste legislation, the new regulations would reduce the administrative burden on local authorities, as well as giving more control of waste disposal choices to the premises affected by allowing them to chose if they want to continue using a council service or opt for a private sector alternative.
The consultation closes on January 14 2011, with Defra and the WAG proposing that, if new regulations are introduced, they come into force in April 2011.
LGA
The publication of the consultation was welcomed by councillor Gary Porter, chair of the Local Government Association's environment board, who said: “This is a chance to close a long standing loophole in the law that has allowed institutions such as hospitals, prisons and schools to get rid of their waste for free.
“The burden for paying for the disposal of this waste has unfairly fallen on council taxpayers. This offers an excellent opportunity to redress that balance and bring fairness back into the system.
“Allowing councils to charge for disposing of waste from these institutions has the potential to save them more than £60million per year. This is cash that councils could better spend on frontline services like caring for the elderly, repairing roads and keeping children safe from harm,” he added.
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