Publication - FOI/EIR release

Local authority provision of waste disposal: FOI release

Published: 28 Jan 2020

Information request and response under the Freedom of Information (Scotland) Act 2002

Published:
28 Jan 2020
Local authority provision of waste disposal: FOI release
FOI reference: FOI/202000011654
Date received: 11 Jan 2020
Date responded: 28 Jan 2020
Information requested

My previous request related to the present legislation governing the provision of sites by Scottish Local Authorities for the FREE Disposal of Household Waste. Your answer directed me to section 45 of The Environmental Protection Act, a section which deals with the Collection of Controlled Waste. For clarification lets assume I have a mattress and a car Tyre to dispose of, my local authority will not collect these free of charge. Section 51 subsection 1b would appear to cover this, however, subsection 8 states this section does not apply to Scotland. Section 53 of The Environmental Protection Act replicates most of Section 51 but not the content relating to 1b.
Previous legislation covering the provision of sites by local authorities for householders to dispose of their household waste free of charge was The Refuse Amenity Act 1978. Is this still the relevant legislation for Scottish Local Authorities ? if so what was its date of enactment?

Response

Apologies, I didn’t realise you were referring to waste such as mattresses or tyres.

The duty to arrange for the collection of waste is set out in section 45 of the EPA 1990 as advised previously. However, you will note section 45(3) which states that "No charge shall be made for the collection of household waste except in cases prescribed in regulations...".

This is covered by section 4 of the Controlled Waste Regulations 1992 which is headed "Charges for the collection of household waste". It states that the types of waste set out in Schedule 2 of those Regulations can be charged for. For larger items such as mattresses and tyres, you'll note that line 2 of the Schedule states that any waste which cannot be fitted into the bin provided by the council, can be charged for.

Section 53 of the EPA 1990 covers the provision of civic amenity sites (or "tips") in Scotland.  Essentially, this allows you to take your mattress or tyre to the amenity site yourself (unless you are disposing of it as part of your business and it is not your own waste) and deposit it free of charge. Only when the council has to arrange for the uplift from your house can you be charged.

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