After giving written warnings to 12 households to get them to take part in the unique compulsory recycling scheme, Barnet has said all but five have consented to get recycling.
””We are serious about using section 46 notices, however I would rather see people recycling than us seeking a conviction.“
– Cllr Matthew Offord, Barnet council
But, the council has confirmed that legal notices – called section 46 notices – are now being sent to the five outstanding persistent non-recyclers telling them to recycle, and if the household still refuses to recycle, the council will begin gathering evidence with a view to court action.
Councillor Matthew Offord, Barnet's cabinet member for environment and transport, told letsrecycle.com: “We are serious about using section 46 notices, however I would rather see people recycling than us seeking a conviction.”
If legal action is taken, it would come under the Environmental Protection Act 1990, and Barnet believes fines could be as high as 1,000. However, this compulsory system – and its enforcement through the 1990 Act – has never been tested in a court of law.
The five households in question were part of the initial trial of Barnet's compulsory system, which began in March 2004 (see letsrecycle.com story). The system was, however, expanded borough-wide at earlier this year.
Service
113,000 households in Barnet are provided with black kerbside recycling boxes into which can be placed a variety of household waste materials including glass, cans and paper. Barnet recycled about 17% of its household waste in 2003/04, and must reach a 30% target to qualify for a government reward under its local public service agreement.
The compulsory part of Barnet's scheme does not specify how much householders must recycle over any time period, but does require householders to make some use of their containers.
Those “persistently and deliberately” failing to place anything into their containers are sent two letters from the council, then are visited by council officers before a final letter warns that the legal enforcement process is to get underway.
Cllr Offord said: “Barnet is taking a lead in the recycling campaign and we would be proud to offer a blueprint for recycling across London.
“Indeed, many local authorities across the country are watching us with keen interest. So far the initiative has led to a surge in residents using our Black Box scheme which has resulted in 18% more waste being collected on the scheme for recycling instead of being put out with the general rubbish for landfill,” he added.
London Mayor Ken Livingstone is also following the Barnet scheme closely, and has said should it work effectively, he would like to see it in place across London. Currently in San Francisco himself, the Mayor's spokesperson told letsrecycle.com: “The mayor has said that should Barnet's recycling scheme prove successful in increasing recycling, he would be interested in seeing it extend across London.”
Effects
The council said it was too early to judge the effects of the borough-wide compulsory scheme, but in the 2004 trial brought about a 25% increase in recycling rates among the 25,000 households taking part and an 18% increase throughout the borough.
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And, a council spokeswoman said since the compulsory system had expanded borough-wide the number of requests for black boxes had “soared”.
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