London: Defra has issued a report summarising comments on the Department's proposals to change the definition of municipal waste.
The report, “Summary and analysis of responses to the consultation on the definition of municipal waste used in the Landfill Allowances Trading Scheme (LATS) in England” follows a consultation paper issued in June 2007 which put forward proposals to amend the definition of municipal waste “to resolve the apparent tension with the Government’s interpretation”.
There has been frustration in some local authorities over uncertainty about the interpretation of the definition of municipal waste used in the Landfill Allowance Trading Scheme. The concern is over the apparent difference between the practical definition used in the Government’s guidance and the legal definition set down in the Waste and Emissions Trading Act 2003. In fact there has been a legal challenge to the Government's interpretation of municipal waste, which itself causes further uncertainty, according to the Defra (Department for Environment, Food and Rural Affairs).
Local Authority Trading Scheme
LATS is essentially a tool used by the UK Government and local authorities to drive down the tonnages of biodegradable municipal waste going to landfill - a requirement of the Landfill Directive - in a cost effective manner.
The scheme gives local authorities much flexibility as to how they achieve their LATS targets with opportunities such as banking, trading and borrowing as well as the more direct route of reducing waste quantities.
Municipal Waste Definition
In the LATS regulations, the Government uses a definition of municipal waste that is closely akin to that contained in the Landfill Directive, viz.:
“(a) waste from households, and
(b) other waste that, because of its nature or composition, is similar to waste from households.”
However in the associated guidance the Government gave its view that this definition encompasses all waste under the control of local authorities. With strict interpretation, this view would cover wastes from across an authority, that have not traditionally been included in municipal waste statistics.
The Government's favoured option is to amend the definition “to explicitly encompass all waste which comes into the possession or under the control of waste disposal or waste collection authorities, with the exception of municipal construction and demolition waste”, which restricts municipal waste to the more traditional interpretation.
The intention of Defra (Department for Environment, Food and Rural Affairs) is to amend the LATS definition to give local authorities more clarity and certainty in the investment plans for waste infrastructure investment, but keep LATS operating as at present.
The report provides analysis of responses to the consultation and, as may be expected, there are a variety of views on what should be included in municipal waste.
Further information
Landfill Directive
The Landfill Directive sets reducing, stepped targets under Article 5(2), for BMW going to landfill, and by 2020 the UK needs to be landfilling 35% or less of the quantity of BMW landfilled in 1995, or face substantial fines if it fails.
Consultation
The earlier June 2007 consultation paper can be found at
http://www.defra.gov.uk/corporate/consult/landfill-ats/consultation.pdf .
The report on the responses to the consultation received can be found at
http://www.defra.gov.uk/corporate/consult/landfill-ats/summary-responses.pdf