And, the Local Authority Recycling Advisory Committee said by amending the Waste Regulations (Northern Ireland) 2011 the Department of Environment (DoE) could help councils avoid massive operational and financial implications of changing from their existing commingled collections.
The comments came in response to a consultation released in July 2012 by the DoE, over proposals to amend its waste regulations to ensure that it more accurately reflected the revised Waste Framework Directive (rWFD).
Consultation
In the consultation, the DoE proposed to remove regulation 21 which says commingled collection shall be regarded as a form of separate collection. By doing so the DoE said it hoped to avoid the risk of a successful judicial review.
DoE said: We, therefore, propose an amendment to the NI Regulations so as to revoke regulation 21. This will clarify that co-mingled collection is not the same as separate collection. We believe that this amendment will ensure that the NI Regulations reflect the WFD more accurately and will have the added advantage of maintaining parity with the remainder of the UK.
The consultation followed a legal challenge by the Campaign for Real Recycling against Defra and the Welsh Government, which claims that the current Waste (England and Wales) Regulations do not accurately reflect requirements in European legislation for member states to introduce separate collections of paper, plastics, glass and metals by 2015. The judicial review is expected to be heard in February 2013 (see letsrecycle.com story).
Response
In response to the consultation, LARAC said the removal of regulation 21 would allow the Department to adequately transpose the Directive and avoid future legal challenges.
However, it added that the separate collection of dry recyclables is not an absolute requirement of the Directive, meaning an amendment, rather than a complete revocation, could work.
LARAC said: We would argue that separate collection of dry recyclables is not an absolute requirement of the rWFD and that rather than simply removing Regulation 21, and any specific reference to co-mingled collections, the Department should instead make every effort to both safeguard local budgets and support local decisions regarding collection systems.
It argued that if materials are being separated to a high quality standard at a materials recovery facility for example, then the commingled collection of dry recyclables should continue to be acceptable as an alternative. However, this is on the provision that councils, their contractors and MRF operators also meet the technically, environmentally and economical practical (TEEP) and high quality standards in order to comply with the Directive.
Guidance
LARAC said if the Department is to amend the regulations then it would need to take several steps beforehand, including the urgent development of definitive guidance on the interpretation tests that will be used to determine was is TEEP as well as what is expected in terms of quality.
It added that Northern Ireland should consider developing a MRF Code of Practice in order to ensure that materials are being separated to high quality standards in this subsequent treatment process.
A rewording of the regulations along the lines of the transposition used in Scotland (see letsrecycle.com story) or as decided upon by the Department of Environment, Food and Rural Affairs (Defra) and the Welsh Government, would also be welcomed by LARAC.
Burden
LARAC added that the burden of meeting high quality recyclate standards should not rest solely with local authorities, but also the operators of materials recovery facilities (MRFs, according to LARAC.
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LARAC members feel consideration of the above would enable councils to move on with providing cost-effective, high quality recycling collections suited to local need without the risk of being faced with the prospect of changing from their existing co-mingled collection at the end of their current contract with the massive operational and financial implications this will have, or being potentially open to judicial review themselves, as the risk of legal challenge is transferred from the Department by removal of Regulation 21 to local councils and their contracted service providers, and will also ensure parity with the remainder of the UK.
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