Recycling and Waste Collection Policies and Bin Charges

MIDDLESBROUGH COUNCIL

EXECUTIVE REPORT

SINGLE MEMBER EXECUTIVE DECISION

Recycling and Waste Collection Policies and Bin Charges

Councillor Nicky Walker, Executive Member for Environment

Kevin Parkes, Executive Director Neighbourhoods and Communities

3 March 2014

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PURPOSE OF THE REPORT

The purpose of this report is to set out the policies relating to the operation of the collection of recycling and refuse from domestic properties with individual wheeled bins.It also sets out the charges for the various types of waste container used at such properties.

SUMMARY OF RECOMMENDATIONS

2.The Executive Member for Environment is recommended to approve the policies as outlined in the report.

IF THIS IS A KEY DECISION WHICH KEY DECISION TEST APPLIES?

3. / It is over the financial threshold (£150,000) / 
It has a significant impact on 2 or more wards / 
Non Key

DECISION IMPLEMENTATION DEADLINE

4.For the purposes of the scrutiny call in procedure this report is

Non-urgent / 
Urgent report

If urgent please give full reasons

BACKGROUND AND EXTERNAL CONSULTATION

During the summer of 2013 a new system for the collection of recycling, and green wastes was introduced across the majority of households in Middlesbrough. These new collection arrangements were funded from a grant from Central Government. The new collection arrangements resulted in a shift from a mainly sack based system of collection for recycling, to one based on wheeled bins. At the same time the size of the refuse bin was reduced by 100 litres (from 240 to 140 litres) to underscore the new emphasis on recycling of wastes. The roll out of this new collection system was completed by late November 2013.

The system is based on three bin types;

a blue lidded bin for recyclable wastes, emptied fortnightly throughout the year
a green bin for green or garden wastes, emptied fortnightly during the main growing period (April to October)
a black bin for all other wastes, predominately food and hygiene wastes, emptied weekly.

Since rolling out the new service there has been a significant shift across the town to recycling and a shift away from placing waste in the bin for disposal.

As well as their new bins each household received a booklet setting out how the new collections operate, and a calendar with specific details of the collection arrangements for their home (Appendix 2). The booklet also had details of the “No side waste closed lid policy”. Under the heading “frequently asked questions” in the booklet, details of the availability of extra and replacement bins are given. No details of any charges for lost or replacement binswere given.

Prior to the introduction of the new collection arrangements policies were in place to cover the process of enforcement where a resident failed to use the wheeled binprovided to them and for the charging of a fee to cover the administration cost of replacing a wheeled bin (Appendix 1 Record of decision 15th May 2012, which includes details of the enforcement process to be followed).

OPTION APPRAISAL

9A continuation of the current waste policies and charging details would not fully encourage and support the new system,therefore an alteration to these existing policies and charging details are proposed as follows;

That residents are required not to place refuse at the side or on top of their bins as this is classified as “side waste” which will not be collected.
Any refuse or green waste placed out in sacks will not be collected, as this also constitutes side wastes.
All black refuse and green waste bins must have their lid closed when put out for collection. Lids must not be propped open with waste stacked in the bin
Residents should place their refuse, recycling and green waste materials within their own appropriate bin and should not use another resident’s bin without previously gaining their consent. Refuse, recycling and/or green waste deposited in another resident’s bin without their consent will be deemed as being side wastes

The Executive Member has delegated authority to suspend these policies as considered necessary, for example during periods of additional waste production such as Christmas and New Year.

The proposed charges for replacement and additional bins are as follows;

Replacement 140 litre black refuse bins, where the bins have gone missing or been stolen or damaged, unless it is the direct result of the Council’s actions charged at £15 per bin.
Replacement 240 litre black refuse bins, where the bins have gone missing or been stolen or damaged, unless it is the direct result of the Council’s actions charged at £25 per bin.
Additional green waste bins (third and fourth bin) charged at either £25 per bin for a new bin or £10 if the resident chooses a reconditioned bin from the Councils’ used stocks.
Larger families can request a larger (black bin), free of charge where exchanging the existing 140 litre black bin for a 240 litre black bin if they were assessed as having a need for a larger bin.

IMPACT ASSESSMENT (IA)

The implementation of these policies impacts equally on all residents. Consideration of periods of additional waste production such as Christmas and New Year are addressed by the ability for the Executive Member to suspend these policies at such times as considered if necessary.

Residents may by request obtain additional bins subject to appropriate assessment as follows:

Additional recycling (blue lid) bins will be provided free of charge where a regular need to contain additional recyclables is established.
A second additional green waste bin can be obtained without charge and requests for third and fourth binswill be subject to assessment and appropriate charge. A maximum number of four green waste bins allowed per household
Larger families (generally classed as 5 or more residents) can request a larger refuse (black bin), which would be provided free of charge, where the household is assessed as having a need for a larger bin.
Families and/or residents with special needs, such as producers of home medical wastes, incontinence pads etc. will be assessed on an individual basis.

CONSULTATION AND IMPLEMENTATION

12.The policies form a part of the new recycling and waste collection arrangements which have been the subject of consultation and approval over a period of months before the roll out of the new system began.

FINANCIAL, LEGAL AND WARD IMPLICATIONS

Financial

13. These policies are adaptations of past practice to take account of the new collection arrangements, they will replace a set of policies which were previously used prior to the introduction of the new collection arrangements, and which were no longer suitable for use.

Ward Implications

14.The policies will be applied across all Wards. They ensure that where residents do not properly contain or manage their recycling or wastes that the Council has the ability to take suitable action to require such residents to act responsibly.

Legal Implications

15.It is necessary to approve and record the implementation of the policies to permit their introduction and where necessary allow legal enforcement.

RECOMMENDATIONS

16.The Executive Member for Environment approves the introduction of the waste policies as outlined in the report.

REASONS

17.- To ensure compliance with the requirements of the new collection arrangements.

-To permit the Council to utilise its powers to take action where residents refuse to comply with the requirements of the service.

-To control the amounts of uncontrolled waste presented on collection day, which potentially become a source of nuisance and litter.

BACKGROUND PAPERS

18.The following background papers were used:

-Enforcement Approach for the replacement of wheeled bins (Appendix 1)

-Recycling Booklet (Appendix 2)

AUTHOR: Kenneth Sherwood

TEL NO: 728514

Appendix 1

EXECUTIVE MEMBER FOR STREETSCENE SERVICES AND TRANSPORT

RECORD OF DECISION

An Individual Executive Decision Making meeting was held on 15 May 2012.

PRESENT: / Councillors N J Walker
INVITEES: / Councillor J Rostron
OFFICIALS: / S Blood, E Chicken and L Mowbray
12/1030 / ENFORCEMENT APPROACH FOR THE REPLACEMENT OF WHEELED BINS
The Director of Environment and Adult Social Care submitted a report to consider the issue of fixed penalty notices for those persons who were required to use a wheeled bin but continue to place their waste for collection incorrectly, and to propose a change in the enforcement policy.
The report outlined that In February 2009 the Council approved charging for replacement wheeled bins as part of the budget setting process for 2009/10 and this was introduced in October 2011. The report made proposals for dealing with those residents who would not pay to replace their bin, as without the implementation of sanctions the charging policy may not be effective. Responsibility for wheeled bin provision and security rests with residents, though in some circumstances landlords may assist.
The ability to take enforcement action against residents who are unable or unwilling to replace their wheeled bin was covered by Section 46 of the Environmental Protection Act 1990. This allowed the council to ‘require the occupier of a household to place their waste for collection in receptacles of a kind and number specified’. The council was able to charge the occupier(s) for a replacement wheeled bin or require the occupier(s) to provide one themselves within a specified timescale. For matters involving replacement wheeled bins, it was considered appropriate that before issuing a legal notice under section 46, an advisory letter is sent first.
The report outlined that it was proposed that once a report was received that a resident was unable or unwilling to pay for a replacement wheeled bin (charges are set at £15 for a replacement 120 litre bin, £25 for a 240 litre bin and £40 for a 360 litre bin), they are sent a polite letter asking them to replace their wheeled bin within 14 days. They are also advised that during this time their waste will be still be picked up if left in black bags at their normal collection point on their normal collection day.
Once the 14 days has expired the collection crew will monitor compliance and note if there is a wheeled bin on the property or if refuse sacks were put out for collection (instead of a wheeled bin). Where refuse sacks have been put out for collection instead of a wheeled bin a legal notice will be served, giving a further 28 days to obtain a wheeled bin.
The report further outlined that those residents in receipt of a notice, and who carry on putting out their waste other than in a wheeled bin, will be given the opportunity of an interview (as the offence carries a ‘reasonable excuse’ defence), to establish the facts and whether a fixed penalty notice should be issued. The fixed penalty amount is currently set at £110 reduced to £60 if paid within 10 days. Decision making in this regard will be made in line with the published enforcement policy.
Non-payment of the fixed penalty will then result in one reminder letter and one final demand letter being sent and following this court proceedings against the individual. Costs arising from this would exceed the cost of a fixed penalty notice.
The report gave information in relation to the current position and the enforcement policy, which could be found at
During the meeting, the Executive member for Streetscene Services and Transport asked for a resident is unable or unwilling to pay for a replacement wheeled bin, the letter asks them to replace it within 28 days, not 14 day as mentioned in the report.
ORDERED
1.That the Executive member approved the following:
● Where a resident does not replace their bin, a simple and polite letter is sent in the first instance allowing 28 days in which to replace their bin
● If residents do not replace their wheeled bin following this letter a legal Notice is served giving them a further 28 days to replace their bin
● Failure to comply with this notice (subject to statutory defences) will result in the issue of a fixed penalty notice
● Failure to pay the requisite penalty will result in court proceedings
REASON
The decisions were supported by the following reason:
To ensure the Council policy of charging for wheeled bins may be implemented effectively and enforced consistently.

The decision will come into force after five working days following the day the decision was taken unless the decision becomes subject to the call in procedures.