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Staffordshire County Council Waste Management Services

Disposal Charging Policy for the implementation of the Controlled Waste Regulations 2012 (the “Regulations”)

Final version approved by Staffordshire Legal Services 05/03/15

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Contents 1. Introduction ............................................................................................................................... 3

1.1 Background....................................................................................................................... 3

2. Legislative context .................................................................................................................... 3 3. Principles .................................................................................................................................. 4 4. Policy on Waste Types ............................................................................................................. 4

i. Camp and Caravan Sites ..................................................................................................... 5 ii. Charities ............................................................................................................................... 5 iii. Gypsy and Traveller Caravan Sites ..................................................................................... 6 iv. Hospitals .............................................................................................................................. 6 v. Moored Vessel for Living Accommodation ........................................................................... 7 vi. Places of Worship ................................................................................................................ 7 vii. Premises used wholly or mainly for public meetings ............................................................ 7 viii. Prisons or Penal Institution .................................................................................................. 7 ix. Residential Hostels .............................................................................................................. 7 x. Residential, Nursing and Care homes.................................................................................. 7 xi. Schools and Further Education Colleges ............................................................................. 7 xii. Self-Catering Accommodation ............................................................................................. 8 xiii. Supported Living Accommodation ........................................................................................ 8 xiv. Premises occupied by Clubs, Societies or any Association ................................................. 9 xv. Premises occupied by Medical Practitioners ....................................................................... 9 xvi.Premises used for the breeding, boarding or stabling of animals ......................................... 9 xvii.Universities and colleges (Higher Educational Establishments) ........................................... 9 Distribution list .......................................................................................................................... 10

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1. Introduction 1.1 Executive Summary

This is a policy adapted by Staffordshire County Council (“SCC”) dealing with circumstances where SCC may charge for the disposal of certain types of waste under the Regulations. In developing this policy, SCC has considered the implementation of charging across other Waste Disposal Authorities (“WDA”). It has also been developed in close consultation with each Waste Collection Authority (“WCA”) via the Staffordshire Waste Officer’s Group. The types of waste and whether the charges are applicable can be found in section 4 (pages 4 to 9). This policy can be read in conjunction with Schedule 1 of the Regulations (see Appendix 1).

1.2 Background

The Controlled Waste Regulations 1992 (“CWR”) were subject to review which resulted in the new Controlled Waste Regulations 2012 (the “Regulations”) being implemented from April 2012. Historically, a large proportion of the premises listed in Schedule 2 of the CWR employed private contractors to manage their waste. The cost of disposal has increased significantly, resulting in these organisations requesting household waste collections from the local authority to avoid extra expense. This raised significant cost implications for local authorities who would have to cover the cost of treatment/disposal of this waste. The aim of the review was to provide greater clarity on what waste types were chargeable in respect of collection and/or disposal. The Government committed to further consider the changes within 2 years of the Regulations, particularly in relation to the exemptions. As a result, SCC delayed putting these charges into action.

2. Legislative context

The Regulations prescribe how certain types of household, commercial and industrial waste must be treated and when a collection charge and or a disposal charge for waste will be levied. It also defines when household waste must be classified as commercial waste for the purposes of charging for disposal of the waste collected subject to the exemptions provided by the Regulations1. As the WDA, SCC has a duty to make arrangements for the disposal of waste collected by the WCAs. The Regulations give each WDA the discretion to decide which premises should

1 Schedule 1 subparagraph 4 of The Controlled Waste Regulations 2012

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be charged for waste disposal. The WDA is entitled to be reimbursed for the disposal charges associated with commercial waste. The charging authority in this case is the WCA, these charges will be recovered from the WCA by SCC through an agreed local arrangement with each WCA. It is proposed that this be undertaken using the same recharging methodology currently established in Staffordshire and in use for the reimbursement of commercial waste disposal. Each individual WCA also has the discretion to withhold applying charges for collection or disposal. However, where charges for disposal are applied in accordance with this policy, the WDA would still recharge the WCA. This policy deals with disposal charges only as Staffordshire County Council is a WDA. Appendix 1 of this policy also outlines whether a collection charge can be levied by the WCA.

3. Principles SCC have agreed to the following principles which are based on the results of the national consultation on CWR2:

- The Polluter Pays principle applies - Tax payers should not be expected to offset/subsidise public/private sector commercial waste collection and disposal costs - Due consideration needs to be given when assessing charging, particularly with regard to those premises that directly support local communities - Due consideration needs to be given when assessing charging that impacts services commissioned by SCC in particular where resultant costs are higher.

4. Policy on Waste Types The Regulations set out the position for various waste types in terms of their classification as commercial, industrial or household waste. Furthermore it outlines that waste, classified as household for which a collection and/or disposal charge will be levied (see also Appendix 1). The following considers each various waste type in turn, outlining whether a charge for disposal can be levied and if so what the agreed policy is in respect of charging.

2 https://www.gov.uk/government/publications/government-response-to-the-revocation-and-replacement-of-the-controlled-waste-

regulations-1992-consultation

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Some waste types are subject to an exemption under the Regulations. Where a particular waste stream received free disposal up until the date of the Regulations they can continue to receive free disposal until 31st March 2015.

i. Camp and Caravan Sites (Holiday Caravans)

Waste from camp and caravan sites are classified as commercial waste for which collection and disposal charges will be applied subject to the exemption detailed below. No Charge will be made for collection or disposal where the site meets the following criteria: 1. Eligible for free waste disposal as referred to in reg. 4A (3) of the Regulations AND 2. Were in receipt of Small Business Rate Relief (“SBRR”) prior to 31st March 2015

and continue to be in receipt of SBRR3 To take account of the delay in implementing charges, the exemption from charges will apply to all camp and caravan sites which benefitted from free waste disposal up to 31st March 2015. If the site does not meet both of these criteria (4 i 1 & 2 above) no exemption will apply and the premise will be liable for waste disposal charges. If a domestic premise is situated on the same site (e.g. the owners own domestic premise) then the waste from such a property will not be subject to any direct charging under the Regulations. Furthermore if the caravan or mobile home is the main residence for the occupant this is classed as household waste for which no charges will be levied.

ii. Charities

Waste from charities is categorised in three different ways by the Regulations and can be either commercial or household waste. a. Waste that is generated from the running of the charity, i.e. headquarters and

offices, is classed as commercial waste for which disposal charges will be levied.

3 As referred to in reg. 4A (4) of The Controlled Waste Regulations 2012

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b. Waste that is generated directly from household donations to a charity shop will be regarded as household waste. A disposal charge will not be levied by the WDA. However, where the waste originates from a non-household source and therefore be deemed commercial waste a disposal charge will be levied. Please note, only charity shops registered as a charity with the Charity Commission will fall under this category. Any charity shops not registered will be deemed to be commercial waste and therefore charged for disposal. If it is unclear where the waste has originated, it will be deemed to be chargeable unless the Charity shop provides suitable evidence to the contrary.

c. Wastes from a community interest company, charity or other not-for-profit company that collects goods for reuse or waste to prepare for reuse from domestic property is household waste; no disposal charge will be levied. However, where the waste originates from a non-household source and therefore be deemed commercial waste a disposal charge will be levied.

Where charities operate commercial services as part of their function, the waste generated will be regarded as commercial waste for which disposal charges will be applied. An example of commercial services is a café within a charity shop.

Where waste originates from a non-domestic property such as working men’s clubs and Housing Association offices, it is deemed commercial waste for which disposal charges will be levied. Charges will apply in this instance irrespective of the charitable status as the commercial waste classification will take precedence.

iii. Gypsy and Traveller Caravan Sites

Waste from gypsy and traveller caravan sites is classified as household waste. These sites must be treated in the same way as any other domestic property, with free disposal of household waste in the designated containers for residual waste and recycling. A caravan site will be charged for disposal if it arises from commercial activity on site.

iv. Hospitals

Waste from a hospital whether it be NHS or Private is classified as household waste but a disposal charge will be levied. These premises will be charged for disposal unless otherwise exempt (see below). Hospitals will not be charged disposal for wastes from accommodation that is occupied by council tax payers, or for accommodation that is provided for persons with no other permanent address and

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the waste is collected separately from other waste collected on site (e.g. nurse and doctor multi occupancy accommodation).

v. Moored Vessel for Living Accommodation

Waste from a moored vessel used for living accommodation is classified as household waste. No disposal charges will be made. If the vessel is used for day trips, holiday accommodation or is generally part of a business then it should be treated as commercial waste. A disposal charge will be levied.

vi. Places of Worship

Waste originating from places of worship is classified as household waste and no disposal charges will be levied. However waste from churchyards and or cemeteries where there is no church on site and the site is operated on a commercial basis is classified as commercial waste for which a disposal charge will be levied.

vii. Premises used wholly or mainly for public meetings

Waste generated from premises used wholly or mainly for public meetings such as a village hall is classified as household waste. No disposal charge will be levied. Where these premises are hired out to local businesses the waste generated will be deemed as commercial waste. However only that waste which exceeds the same standard as household waste collection and frequency will be deemed to be commercial waste and a disposal charge will be levied.

viii. Prisons or Penal Institution Waste from a prison is classified as household waste for which a disposal charge will be levied.

ix. Residential Hostels

Waste from a residential hostel which provides accommodation only to persons with no other permanent address or who are unable to live at their permanent address is classified as household waste. No disposal charge will be levied.

x. Residential, Nursing and Care homes

Waste from a residential, care and nursing home is classified as household waste for which a disposal charge will be levied. Waste from care homes exempt from Council tax e.g. due to mental health issues is classified as household waste for which no disposal charge will be levied.

xi. Schools and Further Education Colleges

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Waste from publicly funded schools, academies and further education (“FE”) colleges, is classified as household waste for which a disposal charge will be levied. The power to charge for waste disposal from schools, academies and FE colleges is however subject to the following exemption in the Regulations:

- “Publicly funded” schools, academies and FE colleges which benefitted from free waste disposal prior to 6th April 2012 will continue to receive free disposal.

However, because of the delay in implementing the charging policy, the exemption date will be extended to 31st March 2015. Any “publicly funded” schools, academies and FE colleges that start a new collection service with the WCA from 1st April 2015 will be liable for disposal charges. All schools and FE colleges that are privately funded will be liable for waste disposal charges from 1st April 2015.

xii. Self-Catering Accommodation

Waste from self-catering accommodation is classified as commercial waste for which waste disposal charges will be levied, subject to the exemption detailed below. No charge will be made for collection or disposal where the site meets the following criteria: 1. Eligible for free waste disposal as referred to in reg. 4A (3) of the Regulations AND 2. Were in receipt of Small Business Rate Relief (“SBRR”) before 31st March 2015

and continue to be in receipt of SBRR4 If the site does not meet both these criteria (4 xii 1 & 2 above) no exemption will be levied.

xiii. Supported Living Accommodation

Waste from supported living accommodation such as sheltered housing is not defined in the Regulations. Where these premises form a person’s main, permanent residence the waste will be considered as household waste for which a disposal charge will not be levied. If however the premises are deemed to provide temporary accommodation and are operated as a business, then the WDA reserves the right to classify this as commercial waste, for which a disposal charge will be levied.

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As referred to in reg. 4A (4) of The Controlled Waste Regulations 2012

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xiv. Premises occupied by Clubs, Societies or any Association

Wastes from premises occupied by a club, society or any association of persons in which activities are conducted for the benefit of its members is classified as commercial waste. As such disposal charges will be levied. If a club uses a village hall, this would fall under village halls classification in (4 vii above) which is not chargeable unless additional arrangements for disposal are made and/or additional capacity is required.

xv. Premises occupied by Medical Practitioners

Non clinical waste from premises occupied by medical practitioners is classified as commercial waste and a charge will be levied.

xvi. Premises used for the breeding, boarding or stabling of animals

Waste from premises used for the breeding, boarding or stabling of animals is classified as industrial waste and there is no statutory duty to collect or dispose of it.

xvii. Universities and colleges (Higher Educational Establishments)

Waste from University and Colleges (Higher Educational Establishments) is

classified as household waste for which a disposal charge will be levied. These premises will be charged for disposal, unless otherwise exempt, for all waste

from its business that is carried out on site. For example lecture/seminar rooms, staff offices, libraries. This will include Halls of Residence that are part of establishments carrying out business on behalf of the University/College and is subject to University/College Rules and Regulations.

Furthermore, any litter collected that is litter under section 89(1) (f) of the Environmental Protection Act 1990, collected from the grounds of educational establishments will attract a disposal charge.

Eligibility for free Disposal at HWRCs This policy will apply to all waste types listed above that are requested to be disposed of via the County Council’s Household Waste Recycling Centres. In this instance, disposal will be charged at the prevailing commercial rate for all sites5. In the event that any establishment does not fit neatly into the above categories please contact Waste Management Services for clarification (contact details on page 12). SCC have the right to determine this in their absolute discretion.

5 Details of prevailing rates available at each HWRC site and at www.staffordshire.gov.uk

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Distribution list This document has been distributed to:

Name Date Report Issued

Draft or Final?

Waste Management & Climate Change Services, Staffordshire County Council

Customer Contact Centre, Staffordshire County Council

Waste Collection Authorities - Cannock Chase District Council - East Staffordshire Borough Council - Lichfield District Council - Newcastle Under Lyme Borough Council - South Staffordshire District Council - Stafford Borough Council - Staffordshire Moorlands District Council - Tamworth Borough Council

FCC – HWRC Contractor

Version Control: This policy was last reviewed by Staffordshire Legal Services 05/03/2015 and approved.

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APPENDIX 1 Table taken from SCHEDULE 1 (4) of the Regulations. Household Waste for which a Collection & Disposal Charge may be levied.

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For more information please contact: Waste Management Services Staffordshire County Council Wedgwood Building

Block A Tipping Street Stafford

ST16 2DH

Tel: 0300 111 8000 Email: recycling@staffordshire.gov.uk

If you would like this document in another language or format (e.g. large text), please contact us on 0300 111 8000 or email recycling@staffordshire.gov.uk