Defra to review costly waste law

The Department for the Environment, Food and Rural Affairs (Defra) has revealed that it is to review Schedule 2 of the Controlled Waste Regulations 1992. According to Defra, the schedule states that local authorities have a duty to collect waste from institutions such as charities, prisons and schools where requested. And, while councils may charge for collection, they must dispose of the waste for free.

The review follows lengthy discussions between Defra and the Local Government Association (LGA), which warned last year that the provision could cost councils hundreds of thousands of pounds because many councils had not traditionally provided the service (see letsrecycle.com story). There are also concerns that councils had not been given sufficient funding under the current spending period, up to 2010/11.

A statement from Defra said: “Following discussions with a number of local authorities and the Local Government Association, Defra is currently reviewing Schedule 2 of the Controlled Waste Regulations. Defra has had initial discussions with key stakeholders, and will continue to engage with stakeholders as we take the review forward.”

“We are commissioning research into the scale of the issue, to inform our thinking on options to bring the legislation up to date. We are planning a full consultation with stakeholders in 2009”, it added.

Consideration

While the outcome of the review is still under consideration, the LGA is hopeful that it will see the regulations changed to give councils powers to either charge for Schedule 2 waste disposal or see them given more funding.

Tony Ripley, LGA policy officer, said: “We are hopeful of a change in the regulations. We have got two possibilities. Either powers to charge for disposal costs or proper funding.”

“Increasing numbers of councils are being affected. Many more people contact us about Schedule 2 than the recycling markets”, he added.

Mr Ripley explained that he and Defra officials had already held talks with government bodies including the Department for Health, Department for Children, Schools and Families, Department for Innovation, Universities and Skills and HM Prison Service to talk about the issue, and indicated that they had reacted “positively” to the possibility of the regulations being changed.

The LGA is now pushing for them to pay their disposal costs, instead of councils, in line with the “polluter pays” principle.

He said: “It would not be a new burden for these bodies as it is already budgeted for. The taxpayer pays regardless of the route but the costs best fall on those who can reduce their waste and where it can act as an incentive”.

Research

According to Defra, the research it has commissioned will consist of a three-month project looking at the quantity of Schedule 2 waste currently being collected by local authorities, the amount not being collected by them and the potential impact of councils taking charge of it – including costs and implications for the Landfill Allowance Trading Scheme (LATS). The research will be followed by a consultation later in 2009.

A Defra spokeswoman said: “Defra is commissioning a study to investigate the quantities of waste that are likely to be affected by any changes to Controlled Waste Regulations. This study should report in the summer of 2009.”

However, Mr Ripley said that the LGA was pushing for a tighter timetable to be set – especially in the current economic climate.

He said: “We are very grateful for Defra's openness on the issue but we could like more urgency as it has a sizeable impact on council finances. Council finances are constrained across the board at the moment.”

Buyers Guide

While council groups are eager to get the regulations changed, other organisations, such as Newcastle-based marketing consultancy Buyers Guide, have been keen to let bodes who produce Schedule 2 waste know about their entitlements.

The company negotiates on behalf of organisations such as schools and charities to get waste costs reduced – and works on a no-win, no-fee basis, taking a percentage of the money its client save in the first year.

Director Gerry O'Rourke told letsrecycle.com: “We have been successful on behalf of private schools and other organisations such as charities. There are parts of the country where councils have disposed of waste for free and others where it has been avoided.”

Mr O'Rourke explained that council arguments for not paying the charges were invalid and that, even if the regulations were changed, it would be a complicated process that would take two to three years.

He said: “I can understand some of the pleas by councils but none of them ring true. For instance, many councils have been putting recycling boxes on school grounds and taking the material for their targets and not living up to their other obligations in blatant disregard for the law. It is unfair when you are talking about churches, charities, children's homes.”

Collection

Mr O'Rourke added that he believed many councils were overcharging for collection – an issue which he said had yet to be addressed.

He said: “The next challenge is fair costing of collection. We get some rather large financial anomalies. There are councils like North East Derbyshire who were posting prices of £2.22 per lift per bin and others charging £15 a lift.”