Exeter loses court case over recycling contamination

Donna Challice, 30, of Hazel Road, Exeter, was found not guilty today of putting ordinary rubbish in her recycling container at Cullompton Magistrates Court, Exeter.

” This case has highlighted the need for a change in legislation. If the evidence we presented was not good enough, then no authority in the country will be able to prosecute.“
– Mike Trimm, Exeter city council
The verdict has been received with disappointment by Exeter council, who brought six charges against Ms Challice under the Environmental Protection Act (see letsrecycle.com story).

The council proved that Ms Challice's bin was contaminated and that it belonged to her address. Food waste, glass and cigarettes were all found mixed in with material for recycling.

However, the council could not prove beyond all reasonable doubt that it was Ms Challice who has put the offending material in the bin.

“Disappointed”
Mike Trimm, recycling officer for Exeter council said: “I'm disappointed with the outcome. Without CCTV surveillance how is anyone ever going to prosecute under the current act? You can't see what people are putting in their bins.”

Mr Trimm said that the outcome had negative implications for other local authorities wishing to pursue prosecutions. He said: “This case has highlighted the need for a change in legislation. If the evidence we presented was not good enough, then no authority in the country will be able to prosecute.

“Government has set statutory recycling targets on councils and you feel powerless to enforce it.”

“Thoughtless”
Cllr Pete Edwards, lead Councillor for environment and leisure, was also disappointed with the outcome. He said: “In Exeter we have a very straightforward kerbside recycling scheme, which is easy to follow. Every day, thousands of people in the city diligently sort through their rubbish, separating residual waste from recyclables.

“It only takes one person to contaminate their green bin and we have to discard a whole lorry-load of recyclables. We can’t let the thoughtless minority spoil it for the selfless majority.”

Cllr Edwards was adamant that Exeter's 33% recycling rate, which increased following the case, would nonetheless improve. He said: “We will not stop encouraging people to recycle and will continue to take action against anyone who contaminates their recycling bins.”