By refusing to collect “side waste” – rubbish bags placed by householders beside their wheeled bins when put out for collection – councils believe householders are forced to recycle more of their waste.
After concerns that refusing to collect side waste might breach a council's statutory responsibility to collect waste from householders, Defra wrote to councils last month to state its opinion that councils are allowed by law to refuse to collect side waste.
However, Southampton city council has received legal opinion which it says refutes the Defra opinion. The document is now to be considered by Defra experts.
Andrew Trayer, refuse services manager for Southampton city council, told an audience at the letsrecycle.com seminar on alternate weekly collections yesterday that guidance from Defra could be challenged by householders in court.
And, under the legal opinion which the council has obtained, that challenge – under the Environmental Protection Act 1990 – could well be successful.
Recycling
Councils that have been putting in place wheeled bin collection schemes have found that by refusing to collect extra bags put out with the containers, householders are pushed into recycling more of their waste.
However, Mr Trayer said yesterday at the event in central London that legal opinion obtained by Southampton suggests that the only legal course of action could be to collect the side waste and then afterwards to challenge householders concerning their use of proper waste containers under the EPA 1990.
A spokesperson for Defra told letsrecycle.com that Department experts would be looking at the legal opinion from Southampton city council and would consider the document before reaching any conclusion on the matter.
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