Lincolnshire warns districts of TEEP requirements

Lincolnshire council has warned the collection authorities in the county to consider whether they can justify carrying out commingled collections of recyclables under EU law coming into effect from 2015.

At a Lincolnshire Waste Partnership meeting in late 2013, Lincolnshire waste collection authorities were recommended to consider the implications of TEEP in respect of their recycling collection methodology.

Under the revised European Waste Framework Directive, EU Member States are effectively required to have separate collections of recyclable materials in place by January 1 2015, unless it can be proved that it is not technically, environmentally and economically practicable (TEEP) to do so.

However, at present, all of the district councils in Lincolnshire collect household recycling via a commingled system and may need to justify this with regards to TEEP in future.

Lincolnshire authorities operate alternate weekly collections of waste and recycling through a variety of different contracts and arrangements.

Only one collection authority in the county, East Lindsey district council, collects glass separately from other commingled recyclable materials at the kerbside.

A report to the meeting in October 2013 states that it might be beneficial for authorities to work together when considering TEEP as additional collection costs might be offset by savings in disposal costs.

Referring to a Defra presentation on TEEP guidelines in September 2013, the report states: Whilst Defra did repeatedly say that local authorities should seek their own legal guidance on TEEP the underlying message seemed clear that the four specified types of recyclables (paper, plastic, metals and glass) must be collected separately from January 2015 unless it can be demonstrated, if necessary to the satisfaction of a court of law, that this is either unnecessary or not possible.

Defra has not yet published any official guidance to assist local authorities interpreting TEEP regulations, although a letter was sent out in October 2013 by the then-waste and recycling minister, Lord de Mauley, giving advice on the issue (see letsrecycle.com story).

Lincolnshire councils warning follows the news last week that East Cambridgeshire had become one of the first English councils to attempt to justify the introduction of commingled recycling collections by developing its own interpretation of the TEEP guidelines (see letsrecycle.com story).

CRR

This comes as a result of the court battle between the Campaign for Real Recycling (CRR) group and Defra and the Welsh Government over the transposition of the EU directive and whether commingled collections should be allowed in early 2013.

After hearing representations from both sides, the Judge ruled broadly in Defra and the Welsh Governments favour, claiming that the UKs Waste Regulations fulfilled the EU directives requirements (see letsrecycle.com story).

But there are concerns among local authorities that they may themselves face the prospect of a direct legal challenge if they do not implement separate collections or robustly justify commingled collections under TEEP guidelines by January 1 2015.

The Lincolnshire Waste Partnership includes Lincolnshire county council, City of Lincoln council, Boston borough council, East Lindsey district council, West Lindsey district council, North Kesteven district council, South Kesteven district council and South Holland district council.