Background:
The Kent Waste Disposal Strategy (2017-2035) was adopted in February 2017 and sets out the overarching ambition for KCC Waste Management. Analysis has shown that the current Household Waste Recycling Centre (HWRC) infrastructure will not cope with the expected levels of waste growth anticipated as a result of the forecast population increase. Officers are developing projects and policy changes designed to reduce demand on site, create revenue streams, and create clearer intelligence that will enable stronger and more successful enforcement actions against individuals defrauding the Authority, for example, through illegal disposal of trade and commercial waste.
A decision is sought on the introduction of an Enforcement Policy which will support KCC and their contracted HWRC Providers in the transparent and effective delivery of HWRC waste enforcement practices. Issues addressed by the policy include: trade waste abuse, theft of materials, fly-tipping at the HWRC entrance, abuse of staff and other customers, and non-adherence to HWRC policy.
Options:
The Enforcement Policy is largely an aggregation of existing policies and procedures. There are no substantive changes to policies already agreed by Members. However, the policy will allow officers to tackle issues encountered at site in a more transparent way, with a published policy to strengthen actions taken. With regards to the actual enforcement actions that can be utilised, the Policy clearly states these, again for transparency.
Decision type: Key
Reason Key: Affects more than two Electoral Divisions;
Decision status: Recommendations Approved
Division affected: (All Division);
Notice of proposed decision first published: 12/11/2019
Decision due: Not before 11th Dec 2019 by Cabinet Member for Environment
Reason: In order that the proposed decision can be published for a minimum of 28 days in accordance to statutory requirements
Lead member: Deputy Cabinet Member for Environment
Lead director: Simon Jones
Department: Growth, Environment & Transport
Contact: Hannah Allard, Waste Business Development Manager? 03000 413429 Email: Hannah.Allard@kent.gov.uk Tel: 03000413429.
Consultees
The proposed decision was considered and endorsed at the Environment and Transport Cabinet Committee on 29 November 2019.
Financial implications: There are no financial implications to the introduction of this policy, however greater enforcement practices should ensure HWRC policies are upheld and deter non-adherence, therefore providing savings to the service. The KCC Waste Enforcement Officer and Technical Support Officer who undertake enforcement for the KCC Waste Management Team are current roles already covered in base budget. Any other costs incurred from the adherence to this policy e.g. legal costs, provision of advice to customers etc are also already included in base budget and have been for many years.
Legal implications: The introduction of this policy does not impact on the statutory obligations required of a Waste Disposal Authority, other than to aid enforcement of HWRC operating policies in accordance with the Environmental Protection Act 1990. There are various pieces of legislation KCC Waste Management can utilise to enforce HWRC policies and procedures, including the Environmental Protection Act 1990, The Fraud Act 2006, The Theft Act 1968 and 1978, and the Local Government Act 1972 as well as various other legislations.
Equalities implications: Equalities implications: An Equality Impact Assessment (EqIA) was completed to ensure consideration was given to the impact of any policy introduction. This initial assessment indicated the potential for low negative impact on particular groups, but procedures and actions identified will easily mitigate against these. Data protection implications: A Data Privacy Impact Assessment (DPIA) initial screening was undertaken which found that a DPIA is not necessary as no personal data is collected, shared, used or processed as part of the production of the HWRC Enforcement Policy itself or as a result of the policy. It did recognise that DPIAs may be required for individual enforcement activities which arise as a result of implementation of the policy.