LATS fears prompt West London challenge over Mayor’s powers

The case centres round a last-ditch attempt by the West London Waste Authority to save the six boroughs it represents from facing huge fines under the Landfill Allowance Trading Scheme (LATS) from 2009. The fines would be faced by the London boroughs of Brent, Ealing, Harrow, Hillingdon, Hounslow and Richmond-upon-Thames which form the WLWA.

The authority currently has no specific plans for substantial treatment processes for residual waste. One of the reasons for this, WLWA explained, is that in his direction in 2004 the Mayor stopped its work on some procurement of facilities ahead of work on larger projects. It currently sends high volumes of waste by rail to landfill outside of London.

With the Grundon/Viridor Lakeside incinerator under construction in Colnbrook, the Authority is thoguht to be keen to be able to use the facility, which will operate on a merchant basis, and so save itself from the LATS fines. No formal statement on using Lakeside has been made but it is seen as an obvious choice for the authority as it is close to the county boundary of Hillingdon and Berkshire.

But, the Mayor has said that the council needs to have a more rounded approach to waste management and should properly consider new technologies as well as increased recycling and composting.

Mr Livingstone said: “I have issued a direction to West London Waste Authority to require them to properly consider my municipal waste management strategy, and ensure that when they tender for a new waste contract they choose the most energy efficient ways of dealing with the waste and not simply incinerating it. West London Waste Authority have objected to this and so have applied to the High Court of Justice for a Judicial Review of my decision.”

Clear

The Mayor went on to say that the case was a clear example of the advantages that could be brought if a Single Waste Disposal Authority were to be set up in London. “The Government supports the present waste system and sees no need to change the way that London’s waste is managed. I believe that we need a Single Waste Disposal Authority in London, which would ensure waste is properly co-ordinated now and over the next 25 years.

“With a Single Waste Disposal Authority we would put more emphasis on recycling and new technologies that would capture heat and produce biofuels and hydrogen from London’s rubbish in order to tackle climate change. We would also avoid these lengthy and costly proceedings.”

The West London disposal authority, which has been tendering for a short-term disposal contract, for which Lakeside is a strong contender, claims the order from the Mayor goes beyond his statutory powers afforded by his Muncipal Waste Management Strategy.

Speaking to letsrecycle.com last night, WLWA chief executive Mike Nicholls said: “Our argument is that the Mayor has exceeded his statutory powers in issuing the directions. We say he has gone beyond what the waste strategy entitles him to do. The question the courts will consider is whether the directions are routed in the strategy.”

Expedited

Mr Nicholls explained that the reason the hearing came less than a month after the WLWA had decided to take legal action (see letsrecycle.com story)
was because it had sought an expedited judicial review due to the need to have the matter settled quickly.

He said: “We have sought an expedited judicial review because we are under time pressures and have been trying to run the procurement for more than two years now. The clock is ticking and we think that we will be in difficulty with our allowances from 2009.”

Incinerator

Mr Nicholls said that if the court overruled the mayor’s formal directions, it would allow the West London Waste Authority to seek tenders including the Viridor/Grundon incinerator in the “way it wanted”.

However, the WLWA chief executive warned that if technologies such as incineration were ruled out, the authority would face “very substantial” fines under the Landfill Allowance Trading Scheme.

He said: “We will have to go back to the drawing board which might include approaching the secretary of state to say we have done all we reasonably could under the law to comply with LATS and will ask him to use his discretion to relieve us of the penalties.”