Democracy Spraffa

Waste Landfill Ban Update

Argyll and Bute Council · 19 June 2025
Back to Environment, Development and Infrastructure Committee — 19 June 2025 and its agenda

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ARGYLL AND BUTE COUNCIL  ENVIRONMENT, DEVELOPMENT AND
INFRASTRUCTURE COMMITTEE 
ROAD AND INFRASTRUCTURE
SERVICES  19 JUNE  2025 
WASTE LANDFILL BAN UPDATE 
1.0 INTRODUCTION 
1.1 This report is to provide members of the Environment, Development and
Infrastructure Committee (EDI) with an update on the progress towards landfill
ban compliance.  A further report in September will inform the EDI committee
on the impacts of the immediate and long-term preferred options to landfill ban
compliance by January 2026 and management of the sites post PPP expiry in
September 2026.  A further update on financial pressures and funding options
will also be provided.   
2.0 RECOMMENDATIONS 
2.1 It is recommended that Members of the Environment, Development and
Infrastructure Committee consider the content of this report.   
3.0 DETAIL 
BMW Landfill Ban and post PPP expiry service options progress 
3.1 The previous report to the EDI in December 2024 provided an update on the
Ban on Municipal Waste (BMW) and progress on the workstreams being taken
forward to ensure a compliant solution is in place by January 2026. This report
updates the progress to date and is summarised in more detail in Appendix 1. 
3.2  Officers have progressed tasks to ensure that Council operated Waste sites
are moving towards being able to support landfill ban compliance as set out in
Appendix 1. Moreover, the sites which are operated by Biffa (formerly
Renewi) which are landfill ban compliant and sites requiring change to comply
with the landfill are noted in section 3.4.   
3.3 The Council has a separate parallel process relating to the PPP contract hand-
back. The process will be mapped out and timelines to execution agreed with
Biffa in advance. This will be reported separately from the landfill ban after the
commercial items are completed with Biffa. Summarised in Appendix 1.   
3.4     The following table summarises the current position across the council area in
terms of readiness for the BMW ban.

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Area Current position Outstanding Actions to
become BMW compliant
Island sites Currently we have live landfill sites
in both Islay and Mull. These sites
already have infrastructure in place
to facilitate waste transfer activity for
general waste. Post BMW ban,
general waste will be stored in the
waste transfer facilities and bulked
to then be transported off the
islands. Waste material from the
islands is pre-treated and processed
by the contractors.
Vary existing haulage
contracts to include general
waste.  The varying of the
contract is relatively straight
forward, the main challenge
will be securing ferry space
to transfer the additional
waste. 
Helensburgh
and Lomond
area (H&L)
Existing contract is compliant and
there are extension provisions
contained for the affiliated service
needs.
No direct action required to
ensure landfill ban
compliance.
PPP Contract
Area
Currently operating Mechanical
Biological Treatment (MBT) plants
at three locations (Oban,
Lochgilphead and Dunoon), waste
transfer stations at Campbeltown
and Rothesay and a number of civic
amenity and bring sites together
with a contractual requirement to
run a front loader commercial waste
offering. Any requirement for pre-
treatment of Waste through the PPP
contract will be arranged by Biffa.
Conversion of MBT plants
to waste transfer stations
being progressed by Biffa
subject to finalising Heads
of Terms. 
3.5  The table above summarises the position in terms of preparation for the 2026
BMW ban. It is noteworthy that in addition to these actions there are a number
of other activities underway including the removal of Compost Like Output
(CLO). CLO is Waste material which has been treated and separated to then
develop a CLO which can be used for the capping and restoration of landfill
cells subject to SEPA approval.  Officers have agreed the indexation
calculations with Biffa, the indexation calculations are payments which were
wrongly calculated by Biffa and the Council during the term of the contract.
The difference in costs is circa £586k, the Council are required to make this
payment to Biffa to conclude the matter, these actions will be progressed by
Officers in conjunction with the CLO removal agreement. Biffa are testing the
CLO with off-takers to test for compliant destinations. Currently estimated
between £555K-£592K dependent on tonnage etc. Biffa will action as soon as
SEPA provide guidance to them. Biffa await results from off-taking companies
on the acceptability of the CLO to ensure compliant locations have capacity.
Both of these costs have been attributed to the 2024-25 outturn position and
funded from waste earmarked reserves.   
3.6 Council run sites on Coll, Tiree, Mull, Islay, and Colonsay will have a compliant
solution by the time the landfill ban comes into place in January 2026.

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The Blackhill site in Helensburgh is a Civic Amenity site (Recycling Centre) and
all Waste material is transported from the site for re-processing. The March
2025 EDI committee agreed that the construction of a waste transfer station no
longer provides the optimum solution to ensure BMW compliance and  that the
remainder of the £3m of capital budget earmarked for this project be retained
to support other capital funding related pressures within the waste service 
At the end of the PPP contract in September 2026, the PPP landfill sites will
revert back to the Council and an options appraisal is being developed for the
future medium to longer term operating model for the services currently
provided by the PPP contract. 
Biffa managed Waste sites requiring changes (formerly Renewi) 
• Lingerton, Lochgilphead – Lingerton currently has an operational
landfill site, it is a Civic Amenity site and a co-mingled transfer station.
To comply with the landfill ban the current Mechanical Biological
Treatment plant requires to be converted to a Waste Transfer Station to
facilitate the tipping on of all Waste material for re-processing. The
Operational landfill site will remain open until the start of the landfill ban
on the 1 Jan 2026. The Operational landfill may close after this date and
it is likely that landfill restoration works would have to be completed to
comply with SEPA requirements by the end of 2027. Combined costs for
Lingerton and Dalinlongart are estimated at £3-4M for landfill closure and
restoration works. Not budgeted and therefore noted as a cost pressure.
As noted in Appendix 1 
• Moleigh, Oban – Moleigh manages co-mingled waste and has a closed
landfill with Civic Amenity site (Recycling Centre). Moleigh has a
Mechanical Biological Treatment (MBT) plant which will require
conversion to a Waste Transfer Station for all Waste material. Biffa will
coordinate and manage the conversion of the MBT plant. Once the
works are complete, Moleigh will be ready to support delivery of a
compliant solution. 
• Dalinlongart, Dunoon – Dalinlongart is a recycling and waste disposal
site for Dunoon and Cowal. The site has an operational landfill site, a co-
mingled Waste transfer station and a MBT plant which will require
conversion to a Waste Transfer Station to be compliant with the landfill
ban. Biffa will coordinate and manage the changes to the site. The
Operational landfill site will remain open until the start of the landfill ban
on the 1 Jan 2026. The Operational landfill may close after this date and
it is likely that landfill restoration works would have to be completed to
comply with SEPA requirements by the end of 2027. Combined costs for
Lingerton and Dalinlongart are estimated at £3-4M for landfill closure and
restoration works. Not budgeted and therefore noted as a cost pressure.
As noted within table in appendix 1. 
• The Roading, Campbeltown, Westlands, Rothesay, and Bogleha,

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Dunoon are all ready to support the delivery of a compliant solution. 
3.7 Biffa have allocated a Project Manager to lead the conversion of the MBT plants
to Waste Transfer Stations at Dalinlongart, Lingerton and Moleigh once the
Head of Terms have been agreed by the Council. 
3.8 Officers have provided a summary of all outstanding actions and timescales to
Members within Appendix 1 of this report. 
4.0 CONCLUSION
4.1 In concluding this report, an update on the journey towards landfill ban
compliance and PPP expiry measures has been shared with Members.
Furthermore, site compliance information relating to the landfill ban and
essential work streams and relevant completion dates are noted, along with
other Waste related activities in Appendix 1. Council operated Waste sites are
ready to support delivery of a compliant solution. The Waste PPP managed
sites are ready to support landfill ban compliance apart from Dalinlongart,
Lingerton and Moleigh which require the current Mechanical Biological
Treatments plants to be converted to Waste Transfer Stations to fulfill the
requirement for landfill ban compliance.      
5.0 IMPLICATIONS 
5.1 Policy – The Council’s Waste Strategy will evolve in line with the changes in
legislation relating to the landfill ban and circular economy bill. There will be a
requirement for the current Biffa contract to be varied to enable works to be
undertaken to comply with the landfill ban. The Councils Waste strategy will be
updated to reflect any changes.    
5.2 Financial – Compliance with the Landfill ban by the end of 2025 will require
financial resource from the Council. The Council have set aside £3m in capital
funds to support waste management financial pressures and £0.5m as a
contribution towards the conversion of the MBT plants at three Biffa sites, to
Waste Transfer Stations. In addition, the Scottish Government has committed
capital funding of £1.5m to support the authority with compliance of the landfill
ban. Costs, where known at this stage are set out in Appendix 1. 
5.3 Legal – The existing PPP contract was not designed or written to accommodate
the changes at the end of the landfill ban. 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
regarding the changes in Biffa’s contract. The outstanding commercial items
within the contract are at a mature stage of closure. SEPA advice on landfill site
methodology acceptance, CLO, and permit/licensing will inform further legal
matters        
5.4 HR – HR issues will be addressed prior to and during the process of contract

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handback. Having sufficient resource will factor into the project demands of
waste management. TUPE may be relevant at the handback and during the
process of progressing to handback should the Council operate the sites
themselves.     
5.5 Customer Service – None. 
5.6  Risk - A refresh of all Waste PPP costs have been undertaken. The costs reflect
the previous financial analysis with the only increase being inflationary costs. 
5.7 Climate Change - Transitioning from Landfill to Energy from Waste (EfW) would
result in a reduction in the annual quantity of Greenhouse Gas generated in
Argyll and Bute. Additional road miles incurred taking waste to EfW markets will
partly offset the carbon reductions achieved through not landfilling. 
5.8 Fairer Scotland Duty - None. 
5.9    Equalities –protected characteristics - None. 
5.10    Consumer Duty – None. 
5.11 Island Communities – There may be potential ferry capacity issues for bulking
and transporting waste material from islands, this has been raised with
Transport Scotland.      
5.12 Children’s Rights and Wellbeing - None arising from this report.     
Executive Director with responsibility for Roads and Infrastructure: Kirsty Flanagan 
Policy Lead for Roads, Transport and Amenity Services: Councillor John Armour 
June 2025                               
For further information contact:   
John Blake, Fleet, Waste and Transport Manager 
Kirsteen MacDonald, Project Manager – Waste   
APPENDICES 
APPENDIX 1 – Summary of Waste Sites Progress

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APPENDIX 1 – Summary of Waste Sites Progress 
Location Status Actions Next steps Estimated Cost Impact Timescale
for
completion
RAG
Status
Island sites Mull and Islay: waste
transfer stations complete
and can accommodate
general waste and co-
mingled waste. All waste
material can be
accommodated through
existing contracts when the
landfill ban is implemented,
i.e. 1 January 2026
No actions required Assess tender
returns
Haulage/gate fee costs
already factored into the
existing budget for
2025/26. Figures can be
extrapolated by finance if
required for accuracy.
Tender will be assessed 
by 19th June 2025.
Anticipate rise in cost due
to transport price rises
Complete GREEN
Coll and Tiree: general
waste materials can be
accommodated through
existing contracts when the
landfill ban is implemented,
i.e. 1 January 2026
No actions required As above Coll and Tiree already
landfill ban compliant
therefore no additional
costs.
General waste already
goes to central belt for
processing.  Haulage
tender will be assessed by
19th June 2025. Anticipate
rise in cost due to
transport price rises
Complete GREEN 
Plans for the closure of
landfill sites at Gartbreck,
Islay and Glengorm, Mull
post 2026
Appoint a consultant
to plan for the closure
of the operational
landfill sites at
Gartbreck and
Glengorm. Capping
In line with other
capping off and
closure sites, this will
form part of the
external consultants
appraisal on when
Capital monies will be
required for landfill closure
and restoration works post
to landfill ban 2026/27/28.
£2 m is ballpark estimated
from officer discussions.
Revised to 
August 2025 
AMBER

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and restoration of
sites will be required.
Potentially added to
SLR contract
and how to tender
these works
Not verified. Not budgeted
and noted as a cost
pressure
Helensburg
h and
Lomond
Complaint solution currently
in place with options to
extend the contract
No actions required
for disposal 
Scope of service to
be added to full
council area
analysis
Already budgeted so no
impact.
Complete  GREEN
PPP
contract –
Biffa
Sites operating MBT
technology instructed to
divert material from landfill
Biffa instructed to
commence pre MBT
removal works in
letter of intent. This
will enable full works
to commence as soon
as variation to PPP
contract agreed. Our
expectations of
BIFFA will be detailed
in the variation
documentation 
Works information to
be agreed as part of
the PPP variation,
then funding
authorisation to
commence MBT
conversions 
Biffa estimate circa £1.3 -
£1.5m but estimate (as at
October 2024) not
verified. Amount from
Scottish Government to
assist costs set at £1.5m.
Additional £500K is
earmarked council capital
towards costs 
31 December
2025
completion of
works for
three sites 
AMBER 
Instruct Biffa to
dispose of the excess
of CLO, off site, as
per the proposals
drafted by Renewi.
Biffa to secure
resolution from SEPA
prior to sign off
Ratify advice from
SEPA and assess
market testing
returns with BIFFA. 
Currently estimate circa
£555k - £592K dependent
on tonnage etc. Included
in 2024-25 outturn and
funded from waste
earmarked reserves. 
Decision
pending from
SEPA as at
29/05/25. 
RED 
Closure of
Dalinlingart and
Route to closure
works contracts will
Capital monies will be
required for landfill closure
Post January
2026
AMBER

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Lingerton operational
landfill sites will be
required. Capping
and restoration of
sites will be required
post landfill ban.
Monitoring and
environmental
management will be
required in perpetuity. 
be determined by
preferred option
selection followed by
scoping of what
each site will require
and restoration works post
to landfill ban 2026/27/28.
£3-4 m is ballpark
estimated from Biffa from
October 2024. Not
budgeted and therefore
noted as a cost pressure 
EfW costs will be
tendered by BIFFA
who have agreed to
share bidder
submissions to allow
ABC to
comment/input
regarding costing
model including gate
and haulage fees 
Information from
BIFFA will inform
next steps 
Prices have been asked to
include pre-treatment as
pre-treatment derogation
has not been achieved as
yet from SEPA. 
TBC  AMBER 
Option appraisal
ongoing to assess the
future operating
model post PPP. 
This will include the
options to operate
waste transfer
stations at
Dalinlongart,
Lingerton and
Present initial option
selection and
Risk/Options for
regulatory and
Procurement
discussion 
Initial estimate at £150K.  Ongoing from
March 2025
as part of the
external
commission
for future
operational
capacity and
capability
post PPP
AMBER

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Moleigh and also
restoration of landfill
sites. This is based
on being able to
achieve realistic and
competitive
rates/prices and also
being compliant with
procurement and
regulatory legislation.
Commission will
appraise all council
sites including the
PPP sites 
Close down and
agree indexation
discussions based on
advice received from
legal services
regarding contract
obligations. 
Await SEPA advice
and BIFFA action
following meeting
25/4/25 
£586K agreed and
verified. Included in 2024-
25 outturn and funded
from waste earmarked
reserves. 
31 March
2025.
Indexation
agreed but
not signed
until CLO
matters
closed out 
AMBER  
Close down and
agree contractual
requirements relating
to Void Space. 
No longer an issue due to
Biffa confirming void
space requirements
adhered to irrespective of
landfill ban
Complete 
Determine what
provision would be
required and how this
Await model
decision 
This can be estimated as
soon as council decide
what model will be
Ongoing until
September
2026
RED

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would be delivered in
relation to the
commercial waste
collection
requirements
contained within the
original contract.   
implemented 
Continue to progress
handback
discussions with Biffa 
Start to scope the
workstreams to be
delivered within the
PPP handback
provisions in the
contract. SLR has
been asked to start
this mapping
exercise
Depends on what route is
followed for handback.
Linked with ongoing
outstanding contractual
negotiations and potential
contracting model etc 
Ongoing until
September
2026 
RED