This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published inJune 2011.
Items are set out by subject, with a link to where the full document can be found on the internet. All links are correct at the date of publication.
If you have been forwarded this update by a colleague and would like to receive it direct please email Claire Booth.
The following topics are covered in this update:
|Energy from Waste||Producer Responsibility|
|Municipal Waste||Waste Policy|
Environment Agency: Energy from waste - position statement: sets out where the Agency stands on finding affordable ways of managing municipal waste that cannot be recycled, and maximising its use as a resource, and how it works with local authorities and other bodies on this issue. (30 June 2011)
^back to topEnvironmental Services
Association for Public Service Excellence: State of the market survey 2011 – Local authority street cleansing services: this briefing identifies the key findings of an APSE survey into the effect of the economy on street scene services, standards of cleanliness, integrated services, and staffing. (30 May 2011)
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Association for Public Service Excellence: State of the market survey 2011 - Local authority refuse services: this briefing identifies the key findings of an APSE survey that included recycling activities, collection and disposal methods, charging for services, and future areas of work. (30 May 2011)
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Draft Environmental Permitting (England and Wales) (Amendment) Regulations 2011: these draft regulations are the final stage in amending the regulatory framework following a UK-wide review of the regulation of radioactive substances. The primary aim of the regulatory regime is to license the use and disposal of radioactive substances such that the public and the environment are protected from the effects of ionising radiation. The draft regulations, which are due to come into force on 1 October 2011, amend some of the provisions relating to the regulation of radioactive substances in SI 2010/675 in order to provide a more modern, transparent and user-friendly system for the regulation of radioactive substances which present a very low risk to people and the environment, while at the same time maintaining the necessary level of protection. They modify the situations in which permits will be required, by amending what is defined as radioactive material or waste (and hence are subject to regulation) and by consolidating and revising the existing exemptions from the requirement to hold permits. They also transpose provisions of the IPPC Directive 2008/1 and the Water Framework Directive 2000/60 that have been inserted by the Carbon Capture and Storage Directive 2009/31. (20 June 2011)
Environment Agency: Standard rules for the Environmental Permitting Regulations – Consultation no.7: seeks views on views on revised sets of standard rules and generic risk assessments for waste operations and installations that the Agency intends to make available under the Environmental Permitting Regulations 2010. The consultation closes on 22 July 2011. (22 June 2011)
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Environment Agency: Operational plans for battery compliance scheme – guidance notes: battery compliance schemes (BCS) collect, treat and recycle batteries on behalf of large producers. They also register their members with the appropriate environment agency and provide the necessary data in the correct format. The operational plan sets out how the proposed BCS is going to fulfil the obligations in Sch.3 Part 2 to the Waste Batteries and Accumulators Regulations 2009. This guidance explains why a BCS operator must submit an operational plan when they apply for approval to operate as a BCS and what information it should contain. (31 May 2011)
^back to topRecycling
DEFRA: Dragon’s Den-style call for creative recycling: announces a new reward and Recognition scheme where DEFRA is providing up to £2m over the next three years to local authorities and civil society organisations to introduce or trial new schemes that reward or recognise people or communities for adopting positive behaviours towards managing their waste. Community groups, charities and local authorities can bid for a share of the first £500,000 of funding until 26 July 2011, and DEFRA will begin advising successful applicants from 16 August. (17 June 2011)
WYG Environment: Review of kerbside recycling collection schemes in the UK in 2009/10: this report presents the findings from an analysis of WasteDataFlow information, submitted to central government by local councils for the year 2009-10, that aimed to identify the top councils for collecting dry recycling, and the most improved, and see what could have driven their success. It concludes that local councils wanting to improve recycling performance and cut the rising cost of expensive waste disposal should give their residents separate wheeled bins for collecting co-mingled dry recycling and refuse, and empty them on alternate weeks. (27 June 2011)
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DEFRA: Responsibility Deal between Government and the waste and resource management sector: gives details of a new deal between Government and the waste industry that focuses on the Government's plans to work with the Environmental Services Association to help businesses prevent waste and recycle more of their waste. It aims to make it easier for businesses to do the right thing and save money, such as by improving recycling services for small and medium businesses and giving them better information on what they can do to prevent and deal with waste. (23 June 2011)
Milton Keynes Council v Fuller & McVeigh (Unreported)
(Div Ct): McV was asked by F, a farmer, to remove waste
that had been deposited on F’s field in order to clear enough space
to spray his crops. McV moved the waste to the entrance of the
field. F and McV were charged with unlawfully depositing waste
contrary to s.33(1)(a) EPA 1990, but the magistrates’ court found
them not guilty, ruling that moving the waste did not amount to a
deposit for the purposes of s.33(1)(a).
The Divisional Court held, dismissing the council’s appeal, that the conclusion that someone else had already deposited the waste on F's land and that moving it did not amount to a deposit was a decision that was open to the court to make on the facts. It was not for the appeal court to devise its own definition of the word "deposit" and apply it to the facts. There might be cases where a second movement of waste could amount to a deposit but that would be for a court to determine on the individual facts of a case. (23 June 2011)
DEFRA: Government review of waste policy in England 2011: sets out the findings from the Government's comprehensive review of waste policy and delivery in England, with actions and commitments that set a clear direction towards a zero-waste economy. The stated priorities include:
The report stresses that waste services are a matter for local
authorities to develop fit for purpose local solutions so there
will be no mandatory return to weekly collects; instead, Government
will work with authorities to increase the frequency and quality of
waste collections and make it easier to recycle. It also states
that the Government will remove the Landfill Allowance Trading
Scheme, and will work on improving access to infrastructure
The Action Plan will form the implementation plan for waste policies in this Waste Review and for the rest of this Parliament; it includes the timetable for delivery of each action. (14 June 2011)
WRAP: Business Plan 2011-15: sets out WRAP’s
strategy and objectives for working in partnership towards a world
without waste over the next four years. Its guiding principles
continue to be a focus getting good value for money, working in
partnership and supporting the work of others. (14 June 2011)
WRAP is also preparing Delivery Plans for each devolved UK administrative area.
DEFRA: Waste data overview: this statistical release provides an overview of waste and recycling data in the Construction and Demolition, Commercial and Industrial, and Local Authority Collected Waste sectors. It summarises waste and recycling statistics on total waste arisings, international comparisons, materials including food, packaging and hazardous waste, and greenhouse gas emissions from waste management. It presents the latest figures and data sources in all three areas, in line with the Government’s Waste Policy Review. (17 June 2011)
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