Obligations on Council to collect household waste

[Abo]

Hi

Could someone point me at the legislation that requires local authorities to collect rubbish from households?

I'm asking because our council is considering:

• charging for replacement bins, boxes etc
• charging for disposal of waste from DIY

I'd like to understand if they are able to legally do this. Do you know of a definition of "household waste"?

Many thanks

Abo

[echat11]

This might help -

https://assets.publishing.service.go...ible-2-NT3.pdf

[des8]

Environmental Protection Act 1990 sec45 & 46

[Abo]

Many thanks Echat and Des8. Some weekend reading.

Abo

[echat11]

Many thanks Echat and Des8. Some weekend reading.

Abo

If you believe your 'stance' is correct, make a formal complaint in writing to the Council (make sure you get Proof of Postage), follow their complaints procedure, if you are still unhappy, lodge a complaint with the LGO.

https://www.lgo.org.uk/

[jaguarsuk]

My local council are proposing charging an annual fee for collection of Garden Waste, so I feel your pain. Unfortunately because they collect Paper and Plastic on the same day they can say Garden is in addition to their legal obligation under section 45A, which is annoying.

I plan to make them understand that they might want to exempt me by making them come to collect the leaves that fall off their trees that overhang my property or else I'll return them over the boundry into their park behind it.

My point is think out of the box at what else you might be able to do to get your way.

[des8]

or else I'll return them over the boundry into their park behind it..

and receive an FPN for fly tipping

[jaguarsuk]

and receive an FPN for fly tipping

Not fly tipping, it's no different to fruit falling from the tree, they don't be long to me and I must return them to their rightful owner over the boundary.

[des8]

Not fly tipping, it's no different to fruit falling from the tree, they don't be long to me and I must return them to their rightful owner over the boundary.

Not quite!

If fruit falls into your garden you should offer it to your neighbour.
If they don't want it you should not just throw it over the fence.
Now your neighbour, even if you are not on speaking terms, will probably ignore it.
However, if you have already poked a stick at your council, you could find yourself with a FPN

[islandgirl]

My council already charge to collect the garden waste bins...you have to have a special sticker on your bin or they wont take it...

[echat11]

My council already charge to collect the garden waste bins...you have to have a special sticker on your bin or they wont take it...

Same here. It's ridiculous. Council do the easy things to raise money, but can't do the difficult things to raise money.

[R0b]

I'm actually quite interested in this as I think my local authority is looking at doing something similar regarding DIY waste.

The Controlled Waste Regulations 2012 is of assistance, particularly Schedule 1 in relation to charging for garden waste which allows for a charge to collect but not dispose of (para.4 onwards).

From what I read in this Schedule (see para. 3) construction waste like plasterboard and or similar waste is classified as industrial waste and not household waste, so a charge could be made for that. However, per the rules set out in para. 3 it says that the waste is to be treated as such in column 3 of the table unless an exception applies in column 4. For construction waste, the exception does say that it is to be treated as household waste for the purposes of section 34(2) and 34(2A) of the EPA 1990 i.e. your duty of care to dispose of waste properly. So unless there is some other legislation thrown into the mix, DIY waste should be treated as household waste and therefore not subject to charge since there is no charge for household waste. In charging residents, the local authority may be in breach of its statutory duties.

At least that's my take anyway.

By the way, the Schedule defines "construction" as including improvement, repair or alteration.

The Controlled Waste (England and Wales) Regulations 2012 (legislation.gov.uk)

[wales01man]

I'm actually quite interested in this as I think my local authority is looking at doing something similar regarding DIY waste.

The Controlled Waste Regulations 2012 is of assistance, particularly Schedule 1 in relation to charging for garden waste which allows for a charge to collect but not dispose of (para.4 onwards).

From what I read in this Schedule (see para. 3) construction waste like plasterboard and or similar waste is classified as industrial waste and not household waste, so a charge could be made for that. However, per the rules set out in para. 3 it says that the waste is to be treated as such in column 3 of the table unless an exception applies in column 4. For construction waste, the exception does say that it is to be treated as household waste for the purposes of section 34(2) and 34(2A) of the EPA 1990 i.e. your duty of care to dispose of waste properly. So unless there is some other legislation thrown into the mix, DIY waste should be treated as household waste and therefore not subject to charge since there is no charge for household waste. In charging residents, the local authority may be in breach of its statutory duties.

At least that's my take anyway.

By the way, the Schedule defines "construction" as including improvement, repair or alteration.

The Controlled Waste (England and Wales) Regulations 2012 (legislation.gov.uk)

With this thinking bricks rubble and other building products from domestic premises are also household waste and are collect free???????

[beardsince1978]

In my county (at least currently) the recycling centre will take plasterboard, rubble, soil, wood, plastic pipe as well as other household rubbish. They won't collect it though. If you want that then you need to pay for a skip. Is that not the case in your area? I presume my council would argue that the recycling centre fulfils any duty they have. Note that commercial waste is not free so large vans need a permit as do trailers. Households can make 12 trailer visits a year AFAIR.

[echat11]

Regards fly tipping, it's never been so easy, there is so much technology now - the Gov could raise billions,

https://www.connexionfrance.com/arti...ield-in-France