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<p><em>Guidance</em></p><p>Recycling credits is a policy issue for which the Department
for Environment, Food and Rural Affairs has the lead. DEFRA previously published guidance
on the Recycling Credits Scheme in 2006 and this can be found at:</p><p><a href="http://archive.defra.gov.uk/environment/waste/localauth/partnerwork/documents/recyclingcreditscheme-guidance.pdf"
target="_blank">http://archive.defra.gov.uk/environment/waste/localauth/partnerwork/documents/recyclingcreditscheme-guidance.pdf</a></p><p>The
guidance and legislation are clear that, further to Section 52 of the Environmental
Protection Act 1990, waste disposal authorities (the county council) have a legal
duty to pay waste disposal credits to a waste collection authority (the borough council)
in their area when the waste collection authority diverts waste from the household
waste stream for recycling. This duty is waived only if the waste collection authority
has agreed that such payments need not be made by the waste disposal authority.</p><p><em>Recycling
credits</em></p><p>I understand the recycling credits system has worked well in Ribble
Valley. It has encouraged the borough to improve recycling rates while retaining weekly
collections of residual waste. Ribble Valley’s recycling collection is beneficial
for Lancashire County Council as (i) the waste does not therefore go to landfill and
incur landfill tax; and (ii) it receives the value of the recycled materials.</p><p>My
Department does not collect data on or estimate the financial effect on councils as
a result of the withdrawal of recycling credits. However, we have been made aware
that the financial effect of the withdrawal of recycling credits by Lancashire County
Council in Ribble Valley will be considerable.</p><p>It is unacceptable if Lancashire
County Council is trying to force Ribble Valley to end its weekly bin collection due
to the withdrawal of recycling credits. It should find a way of agreeing a fair financial
deal which is acceptable to Ribble Valley and also maintains a weekly collection.</p><p>It
is a myth that weekly bin collection and high levels of recycling cannot go hand in
hand, as we have made clear in our practice guidance on weekly collections supported
in January 2014, based on the evidence and best practice learnt from the Weekly Collections
Support Scheme.</p><p><em>Funding</em></p><p>It does seem perverse and unfair that
the cost of recycling should fall completely on Ribble Valley Borough Council when,
based upon its efforts, Lancashire County Council avoids the costs of disposal to
landfill and is able to sell the recyclate material.</p><p>There are no plans for
my Department to provide special financial support to district councils in Lancashire,
as this change stems from actions of the county council, not the Government. However,
we would strongly recommend that Ribble Valley take its own legal advice on this matter,
given the County Council may potentially be in breach of its legal duties under the
1990 Act.</p><p>More broadly, my Department has offered other means of support to
councils from the Weekly Collection Support Scheme and in November 2012, Ribble Valley
District Council was awarded £750,000 from the Scheme to introduce new fortnightly
mixed food and garden waste collections and support weekly residual waste collections.</p><p>
</p><p> </p>
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