Islands’ Builders Need To Deal With Their Own Waste Says Council

moorwell alp mar 2014A St Mary’s councillor says local builders have “had the rug pulled out from under their feet” over plans to stop accepting building rubble at the Moorwell dump.

Cllr Fran Grottick was speaking at Tuesday’s Full Council meeting, were members voted to suspend dealing with construction waste.

In a written report, Infrastructure Manager Helen Pearce said the move was necessary to allow the site to be redeveloped as a recycling centre.

Fran said there had been “no fair warning” for construction firms and they could have quoted for future jobs based on the current system for dealing with the waste.

But Helen said building firms had been called to a meeting six weeks ago and that they understood why this was being done.

The move is part of a wider plan to get more islands’ businesses dealing with their own waste rather than relying on services provided by the Council.

Cllr Robert Dorrien Smith, the Chairman of the Transport, Economic Development and Infrastructure Committee, which manages refuse, told the meeting that there were lots of things that builders could do to reduce their waste, such as crushing it for reuse as aggregate.

And he said senior officers had been in touch with Duchy and had identified three possible sites where local firms can do their separation and crushing.

He said they now needed to ensure that one of those gets the necessary licences.

Robert added it could be operated by a consortium of firms and didn’t need to be under Council control.

In May, the Environment Agency granted a licence to Mulciber Ltd for building waste to be processed at Pendrethen Quarry. But the Council said planning permission or a Lawful Development Certificate will still be required for the work to begin.

Senior Infrastructure Manager Craig Dryden said the Council needed to have incentives for the islands’ commercial sector to manage their own waste streams.

That included landscape gardeners and hotel restaurants, who could create compost from the waste they produce, he said.



2 Responses to Islands’ Builders Need To Deal With Their Own Waste Says Council

  1. JOHN BANFIELD August 7, 2015 at 9:31 am

    How many holes do this Council need too dig for them selves? and have they somewhere to dispose of the spoil? Is it a lack of communication or arrogance that enables them to ignore legal advice.

  2. EPA 1990 August 6, 2015 at 1:29 pm

    The actual date when the suspension of accepting certain waste streams at the gates of Porthmellon will commence was not given in the report, nor was it agreed during the debate, so maybe there will be some notice – unless they’ve started already, that is!

    Anyway, since the legal implications included within the report did not properly cover off the council’s legal obligation, the legal officer helpfully quoted to members (twice) s.45 of the Environmental Protection Act, under which the authority operates as a Collection and Disposal Authority.

    These points were also specifically reiterated again by Cllr O’Neill at the end of the discussion, i.e. that the Authority, even if they opted to suspend receiving some types of waste at Porthmellon, still had the legal duty to ‘arrange for its collection’, not ‘to turn their backs’ or say ‘not our problem’ and the waste manager emphatically agreed.

    So whenever these restrictions are imposed, even thought those items defined as ‘suspended waste’ if taken by a third party to Porthmellon, will be refused at the gate, you can contact the Collection Authority and request under S.45 p4 of the EPA 1990 that they arrange for the waste to be collected for you. They have a legal duty to do so and to charge a ‘reasonable’ amount for its collection and disposal. Not to just give you a phone number, a legal duty to arrange for its collection and disposal. They cannot leave you high and dry.

    How the Collection Authority decide to actually collect and dispose of it is their concern, perhaps through a third party, but I’m sure they’ve thought that through.

    For info, the paragraph the legal officer read out from the EPA states:

    EPA 1990, section 45 : Collection of controlled waste.
    (1) It shall be the duty of each waste collection authority—
    (b) if requested by the occupier of premises in its area to collect any commercial waste from the premises, to arrange for the collection of the waste.

    (4) A person at whose request waste other than household waste is collected under this section shall be liable to pay a reasonable charge for the collection and disposal of the waste to the authority which arranged for its collection; and it shall be the duty of that authority to recover the charge unless in the case of a charge in respect of commercial waste the authority considers it inappropriate to do so.