Democracy Spraffa

Waste Management

Argyll and Bute Council · 19 December 2023
Back to Audit and Scrutiny Committee — 19 December 2023 and its agenda

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ARGYLL AND BUTE COUNCIL  AUDIT AND SCRUTINY COMMITTEE 
ROADS AND INFRASTRUCTURE
SERVICES  19 DECEMBER 2023 
WASTE MANAGEMENT 
1.0 INTRODUCTION 
1.1 The assurance map has identified Waste Management as an area where there
may be a mismatch between the level of risk identified and the assurance
provided to Committee.  This is predominantly due to the Council being in the
process of implementing a new waste strategy and the uncertainty being
created by the Scottish Government's ban on landfilling Biodegradable
Municipal Waste (BMW) from 2025. This was identified as a mismatch when
the assurance mapping exercise was carried out and reported to the Committee
in September 2019 however at that stage the BMW ban was to be implemented
by 1 January 2021 which made it a more imminent concern. It was agreed then
that Waste Management should be an area for audit or scrutiny focus at an
appropriate time and the CIA's recommendation was that it be considered as a
future scrutiny item. This remains the CIA's recommendation however the delay
in ban implementation until 2025 reduces the urgency.     
1.2 In December 2022, the Environment, Development and Infrastructure
Committee agreed to pursue a derogation from the Scottish Government, from
the implementation date of the Biodegradable Municipal Waste ban of 1
January 2026 to the end of the Council’s Waste PPP contract in September
2026. The Committee gave consideration to a report providing an update on a
meeting held with the Minister for Green Skills, Circular Economy and
Biodiversity on 26 July 2023 and a subsequent meeting between Council
officers and Scottish Government Officials. 
2.0 RECOMMENDATIONS 
2.1 It is recommended that the Audit and Scrutiny Committee consider and note this
report. 
3.0 DETAIL 
3.1 The BMW ban is a measure introduced under the Waste Regulations (Scotland)
2012. The ban was planned to come into force across all of Scotland from January
2021. However, in November of 2019 the deadline for compliance with the ban
was changed and a new date set by the Scottish Government of 1 January 2026.
Compliance with the BMW ban represents a significant and enduring cost
challenge to the council as previously reported.

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3.2 The Scottish Government has acknowledged the unique challenges faced by the
council in complying with the ban. Scottish Government officials have given a
commitment to work with Council Officers to assist in the development of a
compliant solution in the form of a transition from landfill to recovery via energy
from waste. 
3.3 In December 2022, the Environment, Development and Infrastructure
Committee agreed to pursue a derogation from the Scottish Government, from
the implementation date of the Biodegradable Municipal Waste ban of 1
January 2026 to the end of the Council’s Waste PPP contract in September
2026. 
3.4 The Environment, Development and Infrastructure Committee gave
consideration to a report in November 2023 providing an update on various
meetings held with the Minister for Green Skills, Circular Economy and
Biodiversity, Scottish Government officials and the Scottish Environment
Protection Agency (SEPA) regarding the derogation request. The full report can
be viewed here: Agenda for Environment, Development and Infrastructure
Committee on Thursday, 30 November 2023, 10:30 am - Argyll and Bute
Council (argyll-bute.gov.uk) 
3.5 As per the Environment, Development and Infrastructure Committee report,
officers continue to engage with SEPA. If a derogation isn’t forthcoming the
Council will need to make changes to the Renewi contract which will enable the
remaining part of the Renewi contract to be complaint with the BMW ban. 
4.0 CONCLUSION 
4.1 This report provides an update to Audit and Scrutiny Committee and advises of a
detailed report to Environment, Development and Infrastructure Committee on
30 November 2023. 
5.0 IMPLICATIONS 
5.1    Policy – The council’s waste strategy will evolve in line with the changes in
legislation relating to the BMW ban of waste to landfill. A derogation will be
sought, failing a successful response the current Renewi contract will be varied
to comply with legislative changes.     
5.2     Financial – Compliance with the 2025 Landfill ban will require financial resource
from the Council. As the Scottish Government are initiating the change, Officers
will pursue financial support from the Scottish Government for this change to
provide a long-term financially sustainable solution.  Through lobbying it is our
intention to seek to recover any additional costs which have resulted from the
changes to legislation, through Scottish Government. There is, however, a risk
that funding is not forthcoming.

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5.3  Legal – The existing PPP contract was not designed or written to accommodate
the changes that the 2025 legislation will require. The contract allows variations
to be made although the process is quite cumbersome. There will be legal
implications, which will need to be resolved, relating to a contract variation
relating to the derogation and/or changes in Renewi’s contract. 
5.4  HR – HR issues will be addressed prior to and during the process of contract
handback. Having sufficient resource will factor into the project demands of
waste management. TUPE will be relevant at the handback and during the
process of progressing to handback should the Council operate the sites
themselves 
5.5  Fairer Scotland Duty:  None known. 
5.5.1   Equalities - protected characteristics – None known. 
5.5.2   Socio-economic Duty – None known. 
5.5.3 Islands – There may be potential ferry capacity issues for bulking and
transporting waste material from islands, this has been flagged to Transport
Scotland.   
5.6    Climate Change – Transitioning from Landfill to Energy from Waste would result
in a reduction in the annual quantity of Greenhouse Gas Generated in Argyll
and Bute. However, the additional road miles incurred taking waste to EFW
markets will offset the carbon reductions achieved through not landfilling. 
5.7 Risk – Significant risk of increased costs as a result of compliance with the
Landfill ban. 
5.8  Customer Service – None known. 
Kirsty Flanagan, Executive Director with responsibility for Roads and
Infrastructure 
Policy Lead for Climate Change and Environment, Councillor Ross Moreland 
November 2023                                      
For further information contact: 
Jim Smith, Head of Roads and Infrastructure Service
Jim.Smith@argyll-bute.gov.uk 
John Blake, Fleet, Waste and Transport Manager
John.Blake@argyll-bute.gov.uk