In the run up to the release of Defra’s comprehensive waste policy review, the government indicated it plans to prevent local authorities from serving fixed- penalty notices for refuse infringements and from enforcing other ‘backdoor bin charging’ mechanisms.

Early in April, it emerged that Somerset councils were planning on charging up to £2 for visits to household waste recycling centres, a move suggested by residents in preference to the closure of these sites due to lack of funding. Local Government Secretary Eric Pickles responded by claiming the move was ‘counterproductive’ and would lead to ‘perverse’ consequences like flytipping.

Recycling Minister Lord Henley and Local Government Minister Bob Neill then weighed in, writing to all English local authorities about ‘bin charges’ to express concern that ‘a small minority’ of councils are exceeding their powers to charge for waste. Their letter references the 1990 Environmental Protection Act, which indicates that wastes for which a council can make charges are restricted to items like bulky or garden wastes. Councils are also forbidden from requiring residents to buy specific refuse bags/ containers and from issuing ‘call-out’ charges when operatives visit a household but are unable to collect waste.

The letter concludes: ‘In short, councils cannot introduce “backdoor” bin charging for mainstream waste collections or waste disposal. Such stealth taxes are not legal and are contrary to the policy direction of the new government.’

Caroline Spelman then added: “We want it to make it as easy as possible for people to do the right thing and dispose of their waste responsibly. Measures such as additional charging or petty officialdom simply make life difficult for hard- pressed families.”

Local authorities and waste campaigners have reacted angrily, particularly to suggestions that councils would lose the power to issue fixed-penalty notices in instances where people repeatedly break the rules – recycling incorrectly or leaving waste out on the wrong day, for instance. Friends of the Earth’s Senior Waste Campaigner Dr Michael Warhurst said: “Households shouldn’t be fined for minor bin rule infringements, but councils should be able to take action against people who persistently fail to recycle. Rather than grabbing a few headlines, ministers should focus on fulfilling their pledge to go ‘further and faster’
on recycling.”

LARAC Chair Joy Blizzard added: “This policy change suggests that the government are keen to champion the right for a minority to throw away as much rubbish as they like, however they like, heedless of the cost and consequences to other council tax payers in their local community... Local councils need the tools to ensure that there is some sort of sanction for those very few people who persistently spoil recycling collections or behave in an antisocial manner.”

The coalition government has repeatedly indicated its preference for rewards schemes and weekly rubbish collection, but has so far failed to convince local authorities to follow its calls. According to a Press Association survey of 117 councils, 69 already operate fortnightly waste collections and none had plans to increase the frequency, while 11 were planning on moving to alternate weekly collections in response to budget cuts. The same survey also indicated little interest in the ‘Recyclebank’ rewards scheme championed by Defra.

The findings of the government’s waste review, originally due out in spring, are now expected to be released in the ‘early summer’, according to a Defra spokesperson.