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Waverley Borough Council Committee System - Committee Document

Meeting of the Environment and Leisure Overview and Scrutiny Committee held on 04/07/2005
Summary of Current Legislation.

Summary of Current Legislation.

Section 45 of the Environmental Protection Act 1990 allows a local authority to make a reasonable charge for the collection of bulky household waste, and states:

45 (1) It shall be the duty of each waste collection authority –

(a) to arrange for the collection of household waste in its area, except waste: (i) which is situated in a place which in the opinion of the authority is so isolated or inaccessible that the cost of collecting it would be unreasonably high, and
(ii) as to which the authority is satisfied that adequate arrangements for its disposal have been or can reasonably be expected to be made by a person who controls the waste; and
(iii) if requested by the occupier of premises in its area to collect any commercial waste from the premises, to arrange for the collection of the waste. (a) the duty to arrange for the collection for the waste shall not arise until a person who controls the waste requests the authority to collect it; and
(b) the authority may recover a reasonable charge for the collection of the waste from the person who made the request.
Section 46 of the Environmental Protection Act 1990 provides the best available legislation by which local authorities can impose a “no excess” policy, and states: (a) determine that they be provided by the authority free of charge; (b) propose that they be provided, if the occupier agrees, by the authority on payment by him of such a single payment or such periodic payments as he agrees with the authority;

(c) require the occupier to provide them if he does not enter into an agreement under paragraph (b) above within a specified period; or

(d) require the occupier to provide them.

(4) In making requirements as respects receptacles under subsection (1) above, the authority may, by the notice under that subsection, make provision with respect to: (a) the size, construction and maintenance of the receptacles; (b) the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(c) the placing of the receptacles for that purpose on highways or, in Scotland, roads

(d) the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; and

(e) the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.
Schedule 2 of The Controlled Waste Regulations 1992, lists the following types of household waste for which a charge for collection may be made: (1) Any article of waste, which exceeds 25 kilograms in weight. (2) Any article of waste which does not fit, or cannot be fitted into- (c) where no such receptacle is provided, a cylindrical container 750 millimetres in diameter and 1 metre in length. (3) Garden waste. (4) Clinical Waste from a domestic property, a caravan or from a moored vessel used wholly for the purpose of living accommodation.

(5) Waste from residential hostel, a residential home or from premises forming part of a university, school or other educational establishment or forming part of a hospital or nursing home.

(6) Waste from domestic property or a caravan used in the course of a business for the provision of self-catering holiday accommodation.

(7) Dead domestic pets.

(8) Any substances or articles, which by virtue of a notice served by a collection authority under section 46, the occupier of the premises may not put into a receptacle for household waste provided in accordance with that section.

(9) Litter and refuse collected under section 89(1)(f).
(10) Waste from- (b) in Scotland, the residential part of part residential subjects.

(11) Any mineral or synthetic oil or grease.

(12) Asbestos.

(13) Waste from a caravan which in accordance with any licence or planning permission relating to the use of the caravan site on which the caravan is stationed is not allowed to be used for human habitation throughout the year.

(14) Waste from a camp site, other than from any domestic property on that site.

(15) Waste from premises occupied by a charity and wholly or mainly used for charitable purposes, unless it is waste falling from within paragraph 1 of schedule 1.

(16) Waste from a prison or other penal institution.

(17) Waste from a hall or other premises used wholly or mainly for public meetings.

(18) Waste from a royal palace.