Archived decisions
Hampshire County Council Executive Member - Environment 20 March 2007 Project Integra Action Plan 2007-12, including the amended Project Integra Constitution Report of the Director of Environment |
Item 5 |
Contact: Adrian Lee, ext 7004 email: [email protected]
1. Summary
1.1 This report summarises two key items in relation to Project Integra (PI):
(i) Project Integra Action Plan 2007-2012
The Action Plan sets a programme designed to improve the efficiency and effectiveness of waste management services in Hampshire. This includes actions to encourage joint working and improve efficiency of collection services.
(ii) Amended Project Integra Constitution
A number of minor revisions have been made to the Constitution since the inception of the Management Board, now to be known as the Strategic Board, in 2001. These have been incorporated into an amended Constitution; Supplementary Documents to the Constitution and a revised Memorandum of Understanding have now been produced to support it. These documents support, not change, the fundamental nature of the Strategic Board as a Joint Committee.
1.2 These decisions enable continued improvement and efficiency to waste management practices in Hampshire, particularly through the Household Waste Recycling Centre network.
2. Recommendations
2.1 That the attached draft Project Integra Annual Action Plan 2007-2012 be approved with reservations expressed in relation to the paragraphs on Recycling Credits and the Landfill Allowance Trading Scheme, as set out in the attached appendix.
2.2 That the attached amended Project Integra Constitution be approved.
3. Project Integra Action Plan 2007-2012
3.1 This is the sixth formal Annual Action Plan for PI and is prepared in accordance with the Constitution. This requires a draft Annual Action Plan to be prepared and approved by the Annual General Meeting of the PI Strategic Board, normally held in January. The draft plan is then considered by each of the partner authorities. On approval by the partners the plan then becomes the approved Annual Action Plan and forms the framework within which the Board Members may make decisions on behalf of partner authorities. Partner authorities may approve the draft action plan, subject to a reservation in respect of any particular matter on which they have concern.
3.2 The Annual Action Plan includes a strategy for achieving agreed objectives over the next 12 month period commencing April 2007. It specifies the activities to be undertaken in support of the strategy and contains an assessment of the financial, resource, service, legal and contractual implications. The draft plan will be available in the Members' Rooms and for public inspection at the Information Centre in Winchester. It can also be viewed on the PI website, www.integra.org.uk
3.3 Project Integra's headline objective is to focus on effective delivery of waste and resource management services, working towards a series of targets related to the waste hierarchy, for waste minimisation, recycling, energy recovery and diversion from landfill. The list also includes targets for the capture and quality of recyclates and for recycling amongst small and medium enterprises (SMEs). For comparison, the current (2005/06) figures have been included.
Target Description |
Provisional Target Level |
Achieve By |
2005/06 | |
1. |
Kg Residual Waste/Head/Year |
300 kg/head/year |
2010 |
334 kg/head/year |
2. |
Kg Head Arisings (BVPI 84) |
500 kg/head/year |
2010 |
504 kg/head/year |
3. |
Landfill Diversion |
85/90% |
2010/2012 |
81% |
4. |
Average Contamination Input Materials Recovery Facility |
8% |
2010 |
12% |
5. |
Capture of Available Recyclates |
70% |
2010 |
Approx 60% |
6. |
C02 Emissions per Head |
TBA |
2010 |
Not Available |
7. |
% of Small to Medium Enterprises Known to Recycle |
TBA |
2010 |
Not Available |
8. |
Kg Recyclate per Head |
TBA |
2010 |
71 kg/head/year |
9. |
Overall Recycling/Composting Rate |
40% (35% in Urban Areas) |
2010 |
32% |
3.4 Project Integra intends that these targets will be met via three key themes:
(i) Doing the Basics Better
The need to provide efficient and effective services to deal with waste and resources is paramount and this key area of work is focused on providing value for money and delivering consistent and improved services to residents and other customers. A key action for PI is to support partners in work to identify opportunities for cost savings through joint working in line with the report approved by the Hampshire and Isle of Wight Local Government Association in September 2006.
(ii) Promoting Sustainable Consumption and Production
This theme comprises the various initiatives that PI delivers to influence the use of resources through better design of products, to improve sustainability throughout product life cycles and to encourage everyone throughout the process chain to take appropriate responsibility for efficient use of resources.
(iii) Specifying further infrastructure and collection systems
This is a key work stream based on work undertaken to develop a material resources approach in Hampshire. It will seek to gain a more detailed understanding of individual material flows to support decisions on future infrastructure provision. This "Material Flow Planning" will not just concentrate on municipal waste, but look at flows of all key materials across Hampshire, regardless of source. The work will also identify the relative carbon and environmental impacts of various options to handle and process the material.
3.5 The plan describes a number of key programmes under each of these headings which are designed to achieve improvement and help meet the targets set out. These include continued work on the Hampshire Minerals and Waste Development Framework
(www3.hants.gov.uk/mineralsandwaste/planning-policy/development-framework/sites-plan-issues.htm) and the Hampshire Material Resources Approach as set out in "More From Less" (www.mrs-hampshire.org.uk).
3.6 In addition, each PI partner authority prepares its own Partner Improvement Plan, which sets out how it intends to improve performance and help meet the collective targets.
4. Commentary on the Project Integra Action Plan
4.1 The key to continued improvement and value for money in waste services lies in taking opportunities to cut costs whilst maintaining or improving services and this is now included as a project in the action plan. Many partner authorities are now considering, or actively pursuing, proposals for more efficient collection services and many have now introduced systems for alternate collections of recyclables and residual waste. The County Council is also working closely with Portsmouth and Southampton City Councils to ensure that efficient waste disposal facilities and services continue to be delivered across the county.
4.2 The action plan also includes specific outcomes, responsibilities and budget implications for each of the featured projects, in addition to the overall targets identified in paragraph 3.4 of this report. It also provides for integration of delivery of a material resources approach with PI programmes.
4.3 These elements represent considerable improvement on previous plans, and by including some specific objectives and targets, budgetary implications and prioritisation of projects, it meets many of reservations expressed by the County Council last year. However, there are two statements in the plan which are misleading and a correction to the text should be sought as set out in the appendix.
5. Amended PI Constitution
5.1 A number of minor revisions have been made to the PI Constitution since its inception in 2001. Many of these have been evolutionary in nature and reflect the changing policy framework for waste and resource management. The Constitution has now been fully revised and amended .
5.2 The Constitution itself sits as one of three core documents which must be approved by the individual partner authorities. The other documents are the Joint Municipal Waste Management Strategy, which was approved by all partners in 2006, and the approved annual action plan. In addition, the Constitution is developed by Supplementary Documents to the Constitution which set out detailed arrangements, such as operational protocols, financial arrangements and protocols that the partner authorities have agreed to apply either generally or under specified circumstances.
5.3 The Memorandum of Understanding also supplements the Constitution. This contains various protocols, including the interface between the Waste Collection Authorities, the Waste Disposal Authority and the main waste disposal contract, operated by Veolia Environmental Services, Hampshire.
5.4 The Constitution and supporting documents will be available in the Members' Rooms and for public inspection at the Information Centre in Winchester. They can also be viewed on the PI website (www.integra.org.uk).
6. Commentary on Amendments to the PI Constitution
6.1 The amended Constitution is aimed at better enabling PI partners to operate effectively and efficiently, and particularly to recognise the potential role of joint or "cluster" working amongst authorities. It does not include any fundamental changes to PI and does not change its status as a joint committee.
6.2 Since the amended Constitution was prepared, the Secretary of State has announced new powers for English Local Authorities, as part of the Local Government and Public Involvement in Health Bill, which will allow two or more councils to establish a statutory Joint Waste Authority.
6.3 The announcement signals the Government's intention to continue to encourage joint working and to expand current arrangements to fund jointly planned and provided services through the Local Area Agreement process. Both the County Council and PI will need to consider the new powers available when more details are known, and take account of this in waste strategy and financial planning.
7. Impact Assessments
7.1 The PI Annual Action Plan 2007-2012 and the amended PI Constitution will not compromise the County Council's policy on race and equalities or on the prevention of crime.
8. Conclusion
8.1 The PI Annual Action Plan 2007-2012 contains a programme of action set out under three key themes `Doing the Basics Better', `Promoting Sustainable Consumption and Production' and `Specifying further infrastructure and Collection Systems'. The plan sets out a programme of actions to deliver a waste and resource management service with continuous improvement at affordable cost. It also sets out targets for dealing with waste in a more sustainable manner, against which service improvements and efficiencies can be measured.
8.2 The action plan reaffirms the need to all partner authorities to deliver services more effectively and efficiently, including joint working where appropriate. It represents a measurable improvement over previous plans and it is proposed that the plan be approved.
8.3 The amended PI Constitution and supporting documents reflect the need to respond to legislative, policy and operational changes which have taken place since its inception in 2001. Approval of the amended Constitution will enable PI partners to operate effectively and efficiently.
LINK(S) TO CORPORATE STRATEGY | ||
Yes |
No | |
Hampshire safer and more secure for all |
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Maximising well-being |
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Enhancing our quality of place |
_ |
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Section 100 D - Local Government Act 1972 - background papers | |
The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report. | |
NB the list excludes: | |
1. |
Published works. |
2. |
Documents which disclose exempt or confidential information as defined in the Act. |
TITLE |
LOCATION |
None |
1194Rpt/AWL
PROJECT INTEGRA STRATEGIC BOARD
CONSTITUTION
1. BACKGROUND
1.1. The partner authorities have been widely acknowledged for their cooperation since 1995 on an integrated waste management partnership programme, known as Project Integra. This has resulted in impressive facilities, generally high recycling performance, high diversion from landfill and a contribution to the fundamental shift in thinking from waste to resource management.
1.2. In order to further this agenda, in 2001 the partner authorities set up a Joint Committee (the Project Integra Management Board) in order to increase clarity, accountability and respond in a more effective and coordinated way to new challenges.
1.3. The effectiveness of the Board was reviewed during 2005/6 in parallel with the development of a Joint Municipal Waste Management Strategy (JMWMS). A number of important evolutions were agreed by the partner authorities. It was concluded that to underline its strategic, rather than operational role, the Board should become known as the Project Integra Strategic Board.
1.4. This revised Constitution for the Project Integra Strategic Board complements the JMWMS as one of three core documents underpinning the partnership. The third document is the rolling 5 year Action Plan, updated annually in accordance with this Constitution.
1.5. The JMWMS sets out the long term strategic aims of the partners. The Action Plan sets out priorities and how strategic aims will be delivered in the short to medium term. The Constitution sets out how decisions are made, scrutinised and supported.
1.6. For the purposes of the constitution the parties comprise:
_ Basingstoke & Deane Borough Council
_ East Hants District Council
_ Eastleigh Borough Council
_ Fareham Borough Council
_ Gosport Borough Council
_ Hampshire County Council
_ Hampshire Waste Services Ltd (a registered subsidiary of
Veolia Environmental Services Ltd)
_ Hart District Council
_ Havant Borough Council
_ New Forest District Council
_ Portsmouth City Council
_ Rushmoor Borough Council
_ Southampton City Council
_ Test Valley Borough Council
_ Winchester City Council
2. PURPOSE
2.1. The purpose of this Constitution is to set out in clear terms how the Project Integra Strategic Board operates and how decisions are made. It also sets out the role of the Policy and Resources Policy Review Committee and the Project Integra Executive.
2.2. The Constitution may be amended from time to time, where all Partner Authorities and HWS agree such amendments. The Board may propose amendments for consideration and approval in its Draft Action Plan.
3. DEFINITIONS
"Annual General Meeting" means the annual meeting referred to in Paragraph 10.1.
"Approved Action Plan" has the meaning given in Paragraph 13.3.
"Board" means the Project Integra Strategic Board.
"Board Member" means a person appointed to the Board under Paragraph 8.1.
"Executive Officer" means the officer designated for the purposes of Paragraph 16.1.
"Chairman" means the Board Member appointed as Chairman further to Paragraph 10.2.
"Cluster" means two or more partner authorities working on a collaborative basis.
"Committee" means the Policy and Resources Policy Review Committee.
"Committee Member" means a member of the Policy and Resources Policy Review Committee.
"Deputy" means a person appointed as a deputy member of the Board further to Paragraph 8.4.
"Draft Action Plan" has the meaning given in Paragraph 13.2.
"Functions" means the functions of the Board set our in Paragraph 6.
"HWS" means Hampshire Waste Services Limited.
"Implementation Plan" - A document approved by a partner authority setting out how the authority intends to implement Project Integra policy and achieve agreed targets.
"Joint Municipal Waste Management Strategy" means the current Strategy of that name as formally agreed and adopted by the Partner Authorities and submitted to DEFRA.
"More from Less" is the title of a stakeholder document produced in 2005. It can be downloaded from www.mrs-hampshire.org.uk.
"Objectives" means the objectives of the Board set out in Paragraph 5.
"Partner Authorities" means the local authorities set out in paragraph 1.6.
"Partner Authority's Executive" means the Cabinet or other main executive body within the authority.
"Policy and Resources Policy Review Committee" has the meaning given in Paragraph 15.
"Project Integra" means Hampshire's integrated waste management partnership.
"Project Integra Executive" means the executive structure set up to support the Board, the Committee and the partnership.
"Recovery Economy" means an economy that uses and recovers material and energy resources in the most sustainable and efficient manner, with particular regard to minimising carbon emissions.
"Role of the Board Member" is as specified in Paragraph 9.
"Special Meeting" means a meeting convened under Paragraph 11.
"Standing Deputy Chairman" means the Hampshire County Council Board Member designated in accordance with paragraph 10.3.
"Supplementary Document to the Constitution" means a document as described and approved in accordance with paragraph 17.
"Vice-Chairman" means the Board Member appointed as Vice-Chairman further to Paragraph 10.2.
"Voting Member" means any Board Member other than that appointed by HWS.
"Valorisation" refers to the concept of optimising or increasing the value of waste by treating it or regarding it in some other fashion to give it added value. This could include treating it as an economic development resource and/or secondary raw material for industry.
4. VISION
By 2020, Hampshire will have a world class and sustainable material resources system that maximises efficient re-use and recycling and minimises the need for disposal.
5. AIMS & OBJECTIVES
The Objectives of the Board mirror those in the JMWMS as follows:
5.1 To deliver this overarching vision, the fundamental objective of the Project Integra Strategic Board is to provide a long-term solution for dealing with Hampshire's household waste in an environmentally sound, cost effective and reliable way. Success in achieving this depends on joint working between all the parties in the best interests of the community at large. Specifically, the aims of the Strategic Board are:
5.2 To deliver the relevant municipal waste and recycling elements of the Material Resources Strategy as set out in the stakeholder document `More from Less';
5.3 Win the support and understanding of the wider public, leading to a change in behaviour towards material resources;
5.4 Make access to recycling and related facilities a positive experience for residents and businesses by improving the coverage of kerbside collection systems, implementing further material recovery streams and continuous improvement of services;
5.5 Improve the understanding of, and promote waste avoidance and minimisation.
5.6 Maximise value for money by considering the system as a whole;
5.7 To provide suitable and sufficient processing facilities for existing and new material streams;
5.8 Secure stable, sustainable and ethical markets for recovered materials and products;
5.9 Ensure each partner clearly understands its roles and responsibility for delivery; and
5.10 Meet the statutory obligations but at the same time maintain Hampshire at the forefront of the waste to resources agenda.
6. FUNCTIONS
The functions of the Board are as follows:
6.1. To develop a strategic policy framework within which the Partner Authorities can each discharge their functions as waste disposal authority or waste collection authority (as the case may be) and as set out in the Joint Municipal Waste Management Strategy and in other ways so as to achieve the Objectives.
6.2. To produce, for consideration and approval of the Partner Authorities, the Draft Action Plan and associated budget, and to implement the Approved Action Plan.
6.3. To discharge, on behalf of the Partner Authorities, their functions in respect of the making of arrangements for the recycling of waste, where such arrangements:
(a) Affect two or more of the Partner Authorities; and
(b) Have been authorised by all of the Partner Authorities by being specifically referred to in the Approved Action Plan.
6.4. To influence, advise and lobby government and other agencies, both nationally and internationally, where to do so is consistent with the Objectives.
6.5. To commission and promote research into matters relevant to the Objectives.
6.6. To develop proposals for the future development of Project Integra (to be included for consideration in the Draft Action Plan). Such proposals may include the creation of separate entities to undertake particular lines of activity, such as (without limitation) the commissioning of research, public awareness or behavioural change campaigns and the provision of training and consultancy services.
6.7. To develop proposals on how the Partner Authorities can discharge their functions in the field of resource management, promote a recovery economy, improve economic, social and environmental wellbeing in Hampshire and contribute to the achievement of sustainable development.
6.8. To promote opportunities for joint working, collaboration, efficiencies and economies of scale at an operational or management level within clusters and with other authorities inside and outside Hampshire.
6.9. To carry out such other activities calculated to facilitate, or which are conducive or incidental to the discharge of the Board's Functions in implementing the Approved Action Plan.
7. NAME AND LEGAL STATUS
7.1. The Board is a joint committee constituted by the Partner Authorities under Section 101(5) and 102(1) of the Local Government Act 1972. Its name is the "Project Integra Strategic Board". Meetings of the Board are subject to the provisions of the Local Government Act 1972, including provisions on access to information and meetings being held in public.
7.2. The area within which the Board is to exercise its authority is the administrative county of Hampshire together with the unitary authority areas of Portsmouth and Southampton.
8. COMPOSITION OF THE BOARD
8.1. The Board shall comprise 15 Members, being one Member appointed by each Partner Authority, and one co-opted Member representing HWS.
8.2. Each Partner Authority shall ensure that its appointed Board Member is a member of their executive, except where the Authority concerned:
(a) has adopted a Mayor and council manager executive, in which case the Board Member may be the council manager or other officer, or
(b) is below the population threshold set by Government for the adoption of the Cabinet model. In this case, the Partner Authority shall ensure that the appointed Board Member is the Chairman of the authority's own Committee or Board with responsibility for waste management.
8.3. The representative of HWS shall be the Managing Director of Hampshire Waste Services Ltd, with the skills and qualities required to fulfil the role of the Board Member. The co-option of the representative in question shall be a matter for the approval of the Board.
8.4. Partner Authorities, and HWS, may each appoint another named person to act as a Deputy for their appointed Board Member. Where the appointed Board Member is unable to attend a meeting, their Deputy may attend and carry out their responsibilities, including, in the case of a Voting Member, voting in their absence. Those appointing a Deputy shall ensure that they meet the requirements of Paragraph 8.2 or, where appropriate, Paragraph 8.3 above.
8.5. The term of office of a Board Member and any Deputy shall be determined by the appointing partner authority, provided that for the duration of that period they remain a person who is capable of being appointed to the Board in accordance with Paragraph 8.2 or, where appropriate, 8.3 above. Partner Authorities and HWS may change their appointed Board Member or Deputy at any time provided that written notice of any such change is provided to the Executive Officer, taking effect upon receipt.
9. ROLE OF THE BOARD MEMBER
The responsibilities of a Board Member are as follows:
9.1. To be committed to, and act as a champion for, the achievement of the objectives both within their own authority and in other arenas.
9.2. To be a good ambassador for the Board and for Project Integra.
9.3. To attend Board meetings, vote on items of business and make a positive contribution to the achievement of the Objectives.
9.4. To remain acquainted with emerging technologies and processes in the area of waste/resource management.
9.5. To act as an advocate for the Board in seeking the approval of their Partner Authority to the Draft Action Plan.
10. MEETINGS
10.1. The Board shall meet on a quarterly basis. The venue for meetings shall be determined by the Board. The Board shall hold an Annual General Meeting annually on one of the quarterly dates.
10.2. The Chairman and Vice-Chairman of the Board shall be appointed at the Annual General Meeting. Appointments take effect until the next Annual General Meeting. In the absence of the Chairman for any reason the responsibilities of the Chairman can be discharged by the Vice-Chairman. A Chairman or Vice-Chairman may be re-elected to serve for another period of one year if that is the wish of the majority of the Board.
10.3. If the Chairman is for any reason unable to continue in the role, the Vice-Chairman shall automatically assume the role of Chairman until the next routine or special meeting of the Board, where a new Chairman shall be appointed.
10.4. Unless the Hampshire County Council Member is elected Chairman or Vice-Chairman in accordance with paragraph 10.2 above, the Hampshire County Council Board Member shall assume or resume the role of ex-officio Standing Deputy Chairman. The purpose of the position is to:
(i) provide assistance and advice to the Chairman and Vice-Chairman in the preparation of meeting agendas and other member events or communications
(ii) ensure the Hampshire County Council Member is fully informed of strategies and policies being formulated for consideration by the Strategic Board.
The role reflects the unique responsibility of Hampshire County Council within the partnership. In all other respects the role is the same as other Voting Members.
10.5. A printed copy of the summons and agenda for each meeting and the minutes of the previous meeting, shall be despatched by the Executive Officer at least fourteen days before such meeting to each Board Member and, for information, to each Member of the Policy and Resources Policy Review Committee. The summons shall contain notice of all business, except urgent business, which is in the ordinary course or by direction of the Chairman or Executive Officer required to be brought before the Board.
10.6. If within ten minutes of the appointed time for the commencement of the meeting a quorum (that is four Voting Members) is not present, the meeting shall be dissolved. Any business not disposed of shall be considered at the next meeting.
10.7. The Chairman may invite any person to attend a meeting of the Board for the purpose of making a presentation, or participating in discussion, on any item relevant to the Board's Functions, where that person is able to provide a professional or commercial viewpoint, which the Chairman considers would be of assistance to the Board.
10.8. All decisions of the Board will be notified in writing to Board members, deputies and members and deputies of the Policy and Resources Policy Review Committee within five working days of the Board meeting. Subject to paragraphs 15.8 and 15.9 below, any decision will take effect seven days after such notification has been given.
11. SPECIAL MEETINGS
11.1. The Chairman may summon a Special Meeting of the Board at any time. A Special Meeting shall be summoned on the requisition in writing of not less than four Voting Members, which requisition shall be delivered to the Executive Officer and shall specify the business to be considered at the Special Meeting. The Executive Officer shall arrange for the Special Meeting to be held in accordance with the timetable in Paragraph 10.5 above.
12. DECISION MAKING
12.1. Voting Members shall be entitled to a vote on items of business considered by the Board (the Board Member appointed by HWS, as a co-opted member, is not permitted to vote by virtue of Section 13(1) of the Local Government and Housing Act 1989).
12.2. Subject to Paragraphs 12.4 and 13.3 below, every question shall be determined by the voices of those Voting Members present, provided that if there is a Voting Member who indicates dissent to this procedure then a vote by a show of hands shall take place. A simple majority shall be required.
12.3. In the event of there being an equal number of votes for and against a particular proposition, the Chairman shall have a casting vote.
12.4. Where the effect of a particular proposition, if adopted by the Board, would be to give rise to contractual or financial implications for any Partner Authority, then in addition to the normal requirement for a simple majority of votes, the vote of the Member appointed by that Partner Authority, in favour of the proposition, shall be required. Where a particular proposition does not have the support of the Members appointed by all Partner Authorities so affected, the proposition cannot be adopted by the Board.
12.5. Where the effect of a decision of the Board is that the Partner Authorities, or any of them, shall enter into contractual arrangements, the Partner Authorities so affected hereby delegate authority to complete the contractual documentation on their behalf (subject to Paragraph 12.6 below) to [insert name of designated lead authority], further to Section 101 Local Government Act 1972.
12.6. Where, further to a resolution of the Board, contractual arrangements are entered into by one of the Partner Authorities, as lead authority on behalf of itself and other authorities, the Partner Authorities so affected shall complete a legal agreement setting out the basis on which risks and liabilities are apportioned between them.
13. ACTION PLAN
13.1. At its Annual General Meeting, the Board shall consider and approve the Draft Action Plan.
13.2. The Draft Action Plan shall set out the strategy for the achievement of the Objectives over a rolling five year period. It will specify the activities to be undertaken, and arrangements to be entered into, in support of that strategy, together with a full assessment of the financial, resource, service, legal and contractual implications.
13.3. The Draft Action Plan shall contain a summary of each Partner Authority's own implementation plan which sets out how the authority will support Project Integra policy and contribute to collective targets and objectives.
13.4. The Draft Action Plan shall be considered by each of the Partner Authorities with a view to giving it their approval. On being approved by all of the Partner Authorities, the Draft Action Plan shall become the Approved Action Plan. A Partner Authority may approve the Draft Action Plan subject to a reservation in respect of any particular matter that it has concerns with. Where approval is given subject to such reservation, the Partner Authority's Voting Member is not entitled to vote on the matter in question when it is subsequently considered by the Board, and any resolution of the Board on the matter in question does not bind that Partner Authority.
13.5. The Board may consider and propose a draft amendment to the Approved Action Plan, where necessary to accommodate unforeseen circumstances, which have arisen which would assist the Board in achieving the Objectives. Any proposed amendment, which is agreed by the Board, shall then be submitted to the Partner Authorities for approval. On being approved by all the Partner Authorities, the amendment is then incorporated in the Approved Action Plan.
14. DELEGATION TO SUB-COMMITTEES AND OFFICERS
14.1. The Board and the Committee may arrange for any of its functions to be discharged by a sub-committee or by an officer of one of the Partner Authorities, provided that any such arrangements do not include delegation of matters falling within the scope of Paragraph 12.4 above or Paragraph 17 below, which shall remain the sole responsibility of the Board.
14.2. The Board and the Committee may appoint working groups of Members and officers to consider specific matters referred and report back to the Board.
15. POLICY AND RESOURCES POLICY REVIEW COMMITTEE
15.1. The role of the Policy and Resources Policy Review Committee is to discharge the functions conferred by Section 21 of the Local Government Act 2000 in relation to the activities of the Board. In the exercise of these functions, the Policy and Resources Policy Review Committee shall:
(a) Review and/or scrutinise any decisions made or actions taken in connection with the discharge of any of the Board's Functions;
(b) Make reports or recommendations to the Board in connection with the discharge of any of the Board's Functions;
(c) Consider any relevant matter affecting the area or its inhabitants; and
(d) Exercise the right to call in, for consideration, decisions made by the Board but not yet implemented.
15.2. In particular the Policy and Resources Policy Review Committee may:
(a) Undertake policy reviews, in particular the review and suggested amendments to the Board's Draft Action Plan, Supplementary Documents to the Constitution and input into appropriate Community Plans or such other similar documents as the Board may wish to adopt or endorse.
(b) Consider and advise on revisions to the Joint Municipal Waste Management Strategy.
(c) Review decisions taken by the Board and/or Executive Officer and the performance of services provided directly or indirectly by the Board, including power to require members of the Board and relevant officers to attend before it to answer questions.
(d) Formulate new policy proposals for consideration by the Board.
(e) Review the level of financial resources to be included in annual service budgets and the overall level of the Board's aggregate budgets.
(f) Review performance against target income and expenditure levels.
(g) Prepare and submit to the Board annual programmes of work to be undertaken each year.
15.3. Notwithstanding the annual programme of work referred above, the Board could request the Committee to undertake a review of policy at any time. The Board may also work with the Committee to undertake reviews of existing policies or proposed development of new policies at any time.
15.4. The Policy and Resources Policy Review Committee shall comprise up to 17 Committee Members, being one Member appointed by each Partner Authority, one co-opted Member appointed by HWS, and up to two co-opted Members appointed by the Committee to represent relevant community interests or groups. Members may not include members of Partner Authority executives. Members shall have relevant knowledge of issues relating to waste or other resource management, and the skills and qualities required to assist the Committee in discharging its review and scrutiny functions.
15.5. Partner Authorities, and HWS, may each appoint another named person to act as a Deputy for their appointed Committee Member. Where the appointed Committee Member is unable to attend a meeting, their Deputy may attend and carry out their responsibilities, including, in the case of a Voting Committee Member, voting in their absence. The Executive Officer shall be notified of any appointment of a Deputy, such notification taking effect upon receipt. Those appointing a Deputy shall ensure that they meet the requirements of Paragraph 15.4 above.
15.6. The term of office of a Committee Member and any Deputy shall be determined by the appointing partner authority, provided that for the duration of that period they remain a person who is capable of being appointed to the Committee in accordance with Paragraph 15.4 above). Partner Authorities and HWS may change their appointed Committee Member or Deputy at any time provided that written notice of any such change is provided to the Executive Officer, taking effect upon receipt.
15.7. The provisions in Paragraphs 10 (except para 10.4), 11 and 12.1 - 12.3 above shall apply to meetings of the Policy and Resources Policy Review Committee in the same way that they apply to meetings of the Board, with references to the Chairman, Vice-Chairman and Members of the Committee substituted for the references to the Chairman, Vice-Chairman and Members of the Board. In this context the term "Voting Members" shall be read as meaning the Committee Members appointed by the Partner Authorities.
15.8. Subject to Paragraph 15.9 below, a decision of the Board will be notified to Committee Members within five working days, and will take effect seven days after such notification has been given, unless in that period any four or more members of the Policy and Resources Policy Review Committee request a meeting of the Committee to review the decision. All action to implement the decision shall then be suspended, and a meeting of the Committee shall take place within 21 days from the date of receipt by the Executive Officer of the request for review of the decision. At the meeting the Committee shall decide whether to exercise the powers in Section 21(3) of the Local Government Act 2000 to recommend that the decision is reconsidered, or (in exceptional cases) to arrange for the review function to be exercised by any Partner Authority. Where the Committee so decides, the Board shall reconsider the decision and decide whether or not it should be changed. Subject to such reconsideration by the Board, the decision will then take effect.
15.9. The arrangements in Paragraph 15.8 shall not apply where the Chairman of the Committee agrees that it is the best interests of Project Integra for a decision of the Board to be implemented as a matter of urgency. In such cases the Board's decision takes immediate effect.
15.10. Where any Member of the Committee or of any sub-committee so requests, arrangements shall be made for any matter relevant to the functions of the Committee or as the case may be, the sub-committee, to be included in the agenda for, and discussed at, a meeting of the Committee or sub-committee.
16. EXECUTIVE OFFICER AND PROFESSIONAL SUPPORT
16.1. The Board shall designate a named person to fulfil the function of Executive Officer. The responsibilities of the Executive Officer shall be set out in a job description approved by the Board as a Supplementary Document to the Constitution. In respect of the business of the Board, its sub-committees, working groups, and the Policy and Resources Policy Review Committee, the role shall include :
(a) To make all necessary arrangements for the convening of meetings.
(b) To provide, or, where necessary, procure the provision of, all necessary advice on the technical, legal and financial implications of matters under consideration.
(c) To bring attention to relevant matters which merit consideration.
(d) To take and maintain minutes of meetings, and ensure that business at meetings is conducted in accordance with legal and constitutional requirements.
(e) To be responsible for communications with other agencies, including the media.
(f) To manage and co-ordinate the day-to-day affairs of the Board and its administrative support.
16.2. The Board shall obtain legal, financial and other professional advice as required.
16.3. The business address for all communications relating to the administration of the Board's affairs shall be determined by the Board.
17. SUPPLEMENTARY DOCUMENTS TO THE CONSTITUTION
17.1. Supplementary Documents to the Constitution (SDCs) set out agreements such as operational protocols, financial arrangements or specifications that the partner authorities have agreed to apply either generally or under specified circumstances.
17.2. The Board may from time to time consider amending, deleting or adding to the Supplementary Documents and may, subject to paragraphs 12.4 and 15.8 above and 17.3 below, approve such changes without the need to refer to each authority for individual approval.
17.3 Nothing in this Constitution shall empower or permit the Board to override contractual or legal arrangements agreed between partner authorities or between one or more partner authorities and third parties.
18. URGENT MATTERS
18.1. Subject to Paragraph 16.2, this Paragraph applies where the best interests of the Board require that action should be taken, or a decision made, on a matter which would normally fall to be considered by the Board in the exercise of its functions, but where such best interests would be compromised by the action, or decision, being deferred until the next meeting of the Board. In such cases the Executive Officer is authorised to take such action or decision, following consultation with the Legal Adviser, Chairman and Vice-Chairman. Any such action taken shall be reported to the next meeting of the Board.
18.2. Paragraph 18.1 does not apply to decisions falling within the scope of Paragraph 12.4 or 17.2.
19. CONDUCT AND EXPENSES OF MEMBERS
19.1. All Board and Committee Members shall observe at all times the provisions of the code of conduct, which, in due course, is adopted by their Partner Authority under Section 51 of the Local Government Act 2000. In the meantime, Members are required to observe the provisions of any existing code of conduct adopted by their Partner Authority or, where none exists, the National Code of Local Government Conduct.
19.2. Except as outlined in paragraphs 19.3 and 19.4 below, each Partner Authority shall be responsible for meeting any expenses to which any Board or Committee Member appointed by them, as their representative is entitled as a result of their attendance at duly authorised meetings. HWS are responsible for meeting any expenses incurred by their appointed representatives.
19.3. The Board shall meet appropriate expenses, properly incurred by the Board and Committee Chairman or Vice Chairman in relation to circumstances where they have represented the partnership rather than their individual authority. A summary of such expenditure shall be reported to the Board at the Quarterly meetings.
19.4. The Board shall meet appropriate expenses, properly incurred by the two (non-HWS) appointed co-opted members of the Policy and Resources Policy Review Committee.
20. LIABILITIES OF BOARD MEMBERS
20.1. Board Members have the same responsibilities and liabilities as those which apply when sitting on other committees and bodies as appointed representative on behalf of their authority. Where contractual arrangements are authorised by the Board, any liabilities arising under those arrangements will rest with the constituent Partner Authorities who are parties to those contractual arrangements. Indemnification for any liabilities, which do arise, is a matter between the Board Member and their Partner Authority. It is noted that under Section 101 of the Local Government Act 2000, the Secretary of State may by order make provision conferring power to local authorities to provide indemnities to some or all of their members and officers.
21. PRESS AND PUBLIC RELATIONS
21.1. The Board shall have power to issue such press releases and carry out such further publicity as it deems necessary for the furtherance of the Objectives, including the dissemination of information relating to the functions and workings of the Board, and any action taken or proposed to be taken for the benefit of the residents of Hampshire and other stakeholders.
22. ANNUAL CONFERENCE
22.1. The Board shall arrange for an annual meeting of persons interested in the development of Project Integra, to be known as the Annual Conference. A purpose of the Annual Conference is to seek a broad range of views on the future development of policy. Each Partner Authority shall be invited to be represented by members and officers, as it considers appropriate, to speak and discuss issues under review. The Annual Conference will be held before the Annual General Meeting of the Board to enable views to be expressed on the Draft Action Plan.
Dated 2007
Review of Memorandum of Understanding - Draft document showing principle deletions and insertions
1 - Purpose and Status
This Memorandum of Understanding is between (district/borough council name) as Waste Collection Authority (WCA) and Hampshire County Council as Waste Disposal Authority (WDA).
Both Authorities are working with Hampshire Waste Services Limited (HWS) in Project Integra which has been developed to implement the Hampshire Household Waste Management Strategy. The core of Project Integra is a long term waste management contract entered into by HCC with HWS.
The purpose of this Memorandum of Understanding is to clarify the responsibilities and obligations of the WCA and WDA in Project Integra, including all matters relevant to the WCA/WDA interface.
HCC and WCA acknowledge the terms set out practical arrangements for the performance by both parties of their relevant responsibilities under the Environmental Protection Act 1990 and the Refuse Disposal (Amenity) Act 1978.
The parties acknowledge that this Memorandum of Understanding is an operational document not a formal contract and that they will use their reasonable endeavours to comply with its terms. Neither party shall be obliged to undertake expenditure which it would not have otherwise undertaken in compliance with its duties as a WDA or WCA, without this being agreed between the parties.
Reason for Deletion - Purpose has evolved and/or is reflected in the main Constitution document.
In formulating and administering this Memorandum of Understanding, the WCA and WDA acknowledge the following guiding principles:
a) Project Integra has developed from an integrated waste management strategy as a result of close working between the District Councils and the County Council. Mutual support and co-operation has been the key to the whole operation and the success of the strategy is dependent upon the continuation of this approach;
b) In determining the viability of, and continuation or otherwise of any activity or process, regard should be had to the effect and impact of that decision upon the council taxpayer as a whole and the impact upon the integrated waste management approach;
c) Matters requiring decisions where the principles of (b) above apply will be referred to the Regional Groups or, if countywide, to the WCA/WDA Strategy Group for determination; and
d) When determining matters, regard should be had to the principles of Local Agenda 21 and sustainability from both the environmental and economic perspectives, and the fact that all parties are constrained by finite resources.
Note: The specific terms of reference of the Regional Groups and the WCA/WDA Strategy Group shall be agreed between the WCAs and HCC.
Reason for Deletion - Principles have evolved and/or are incorporated in the main Constitution document.
The period of this Memorandum of Understanding shall be the duration of the long term contract with HWS unless the Memorandum is terminated or amended by mutual agreement between the parties.
Note - will need to state in new document that this MoU is terminated by virtue of it being superseded by the revised constitution and/or it's supplementary documents
Supplementary Documents to the Constitution (SDCs)
SDC 1 - Waste Deliveries
In accordance with the Disposal Contract, HCC shall contract for, and the WCA partners shall deliver all collected household and commercial and industrial waste (including dry recyclables, green garden waste and biowaste) for processing/treatment/disposal under the long term contract with HWS other than;
o any specific materials retained by the WCA for recycling;
o any specific materials (such as paper and cans) collected in banks supplied and serviced by the industries using those materials including those materials delivered to recycling storage bays;
o any specific materials collected by voluntary, charitable and school groups as part of schemes supported by the WCA; and
o home composted material (including material composted as a result of home composting initiatives supported by the WCA).
The wastes to be excluded as at the date of this Memorandum of Understanding are as detailed in Appendix 1.
The WCA partners shall, via it's sub-strategy, give HCC 12 months notice of the intention to change the types and quantities of waste to be excluded under the above provisions, where the changes would result in a cumulative increase or decrease of 10% or more in the amount of waste delivered under the long term contract by the WCA in a given calendar year.
SDC 2 - Disposal of Commercial and Industrial Waste
HCC shall arrange for the processing/disposal of commercial and industrial waste collected by the WCA, subject to the WCA obtaining the written approval of HCC prior to entering into arrangements for the collection of industrial waste.
Commercial and industrial waste collected by the WCA shall be accepted under the long term contract and the WCA recharged for the cost of disposal at the following rates applicable as from 1st January 1996:
o General commercial and industrial waste: £28.10 per tonne.
o Clinical commercial waste: £250.00 per tonne.
The rates shall be revised on 1 April 1997 and annually thereafter to reflect reasonable disposal costs incurred by HCC. HCC shall give the WCA six months notice of its best estimate of changes in the rates for budgeting purposes. In addition, the charges shall be increased on 1st October 1996 and as appropriate thereafter to reflect the introduction of and/or increases in Landfill Tax.
Recharges for the disposal of commercial and industrial waste shall be based on actual tonnages delivered for disposal in the case of waste delivered in skips, gully waste and clinical commercial waste. For other commercial and industrial waste, recharges shall be based on estimated tonnages determined by reference to the numbers and sizes of containers emptied and the assumed average weights of contents as set out in Appendix 2. The assumed average weights shall be subject to review on a basis to be agreed between the parties, at the request of a majority of WCAs or HCC.
The WCA shall provide HCC with an estimate of the types and quantities (including the numbers and sizes of containers to be emptied where relevant) of commercial and industrial waste to be delivered for disposal (where appropriate) in the coming year in conjunction with the Service Plan referred to in Para 8. The WCA shall supply HCC with monitoring reports updating the projections of commercial and industrial waste quantities by the following dates in each year:
o end of September
o end of January
o middle of May (final figures for previous financial year)
The WCA shall give HCC twelve months notice in writing of its intention or any proposal to discontinue commercial and industrial waste collections, including privatisation or disposal of these services.
Unless specific separate arrangements separate from this Memorandum of Understanding are made between the WCA and HCC, any commercial and/or industrial waste collected by the WCA, other than that covered in its statutory duties (e.g. parks and gardens waste, highways maintenance waste, housing maintenance waste) shall be the subject of separate arrangements between the district council and HWS or other third party contractor.
Invoicing Procedure for Commercial and Industrial Waste
HCC shall issue the WCA with a monthly invoice for VAT purposes setting out the charges levied.
Where charges are levied on the basis of actual tonnages (as opposed to estimated tonnages subject to adjustment), the WCA shall make payment upon being invoiced. For convenience where estimated quantities are used, payment shall be recovered on a pro rata monthly basis at the same time as the County Council receives Council Tax precept payments from the District Council. Quantities shall be recalculated based on actual numbers of containers when this information is available after the end of the financial year, and HCC shall issue the WCA with a VAT invoice or credit note as appropriate. The necessary financial adjustment shall be made in conjunction with adjustment of the Council Tax precept payments.
Service Plans
The WCA shall prepare a five year Service Plan setting out projected waste arisings, projected recycling tonnages, composting tonnages, etc in a format agreed jointly by HCC and the WCAs. The Service Plan shall be updated annually by the WCA and rolled forward by one year. This shall be completed in draft form by the end of August each year and the data confirmed by the end of December.
Aspirations in the Service Plan shall be subject to discussion and agreement between HCC and WCA in consultation with HWS. Factors to be taken into account in each agreement on Service Plans shall include the variation between projected and previous tonnages, physical capacities and constraints on processing facilities, costs associated with processing additional quantities/materials and the lead time associated with providing/modifying the necessary facilities. The Service Plan shall be amended as necessary and a final version agreed between the parties.
In considering the overall impact of the WCA aspirations as set out in the Service Plan, account should be taken of the cumulative impact of the Service Plans of other WCAs considered both on a regional and countywide basis. The WCA and HCC shall have regard to the advice of the appropriate Regional Groups and the WCA/WDA Strategy Group in resolving any conflicts between WCA Service Plans, including the utilisation of available processing capacity for recyclables.
HCC and the WCA shall use their reasonable endeavours, having regard to the availability of finance, practical considerations and the guiding principles set out in Para 2, to ensure that the aspirations of the finalised Service Plan are achieved.
Reason for Deletion - superseded by JMWMS and Constitutional requirement for a Sub Strategy from each authority.
HCC shall involve representatives of the WCA in matters relating to the management of the long term contract, where such matters relate to the functions and activities of the WCA, including the matters subject to this Memorandum.
Reason for Deletion - This function is reflected in Board and Action Plan process
SDC 3 - Delivery Points, Tipping Away Payments and Opening Hours
Delivery Points
HCC shall procure via its contract with HWS the provision of Delivery Points within the provision areas detailed in Appendix 3.
In the unlikely event that the Delivery Point is NOT PROVIDED (e.g. through failure of HWS to secure a suitable site or the necessary consents) by HWS, HCC shall reimburse the WCA's actual additional costs and/or losses directly attributable to waste haulage in using an alternative Delivery Point up to a maximum sum equivalent to £0.25 per tonne mile multiplied by the payload capacities of the vehicle(s) being used, multiplied by the net additional distance incurred in travelling to and from the alternative Delivery Point.
Tipping Away Payments
In the event that the Delivery Point is NOT AVAILABLE for the reception of delivery vehicles (e.g. through breakdown or planned maintenance), HCC shall reimburse the WCA's additional costs in and/or losses attributed to waste haulage using an alternative Delivery Point up to a maximum sum equivalent to £0.30 per tonne mile multiplied by the payload capacities of the vehicle(s) being used, multiplied by the net additional distance incurred in travelling to and from the alternative Delivery Point.
The maximum sums stated above shall be subject to variation by RPI annually in accordance with the price variation mechanism contained in the long term contract between HCC and HWS.
Note: The above provisions for reimbursement of additional costs shall not apply in the case of non-availability of the existing incinerators and existing Rushmoor Transfer Station through breakdown or planned maintenance. HCC's former tipping away policy will apply in these situations.
Reason for Deletion - anachronistic.
Opening Hours
HCC shall require through its contract with HWS that the Delivery Point(s) shall be available (subject to planning and licence restrictions) at no cost to the WCA for the receipt of waste delivered by the WCA during hours up to the following maximums:
o Monday - Friday 0700 - 1730
o Saturday 0700 - 1300
HCC shall also require (subject to planning and licence restrictions) that the Delivery Point(s) is available at no cost to the WCA for the reception of waste during additional hours at weekends and Bank Holidays (which reflect the historic custom and practice for the WCA) set out in Appendix 4.
Delivery Points may be made available during further additional hours (subject to planning and licence restrictions) subject to the WCA meeting the costs as follows:
o At other times Monday - Friday £50 per hour
o At other times Saturdays, Sundays and Bank Holidays £75 per hour*
* subject to a minimum daily charge of £200 where the Delivery Point would not otherwise be open for receipt of waste. The charges shall be subject to review at five yearly intervals from 1st January 1996.
No charges shall be levied where the Delivery Point would be otherwise available during the required hours at the request of HCC. Where two or more WCAs require a Delivery Point to be available during the same additional hours, the cost shall be apportioned on an equitable basis having regard to the pre-notified and actual opening requirements of those authorities.
Where the WCA requires to change Delivery Point opening hours on a permanent basis, it shall give HCC three months written notice of such change.
SDC 4 - Collection, Specification and Marketing of Materials
Dry Mixed Recyclables and Green Garden Waste and Biowaste
Reason for deletion - Biowaste collection not included in JMWMS
The WCA shall use reasonable endeavours to collect these materials in accordance with the Service Plan and shall deliver them to HCC for processing under its contract with HWS. Any changes in collection system(s) practice, or quantities or types of materials in so far as they affect the input specification referred to in Para 12 shall be agreed with HCC, subject to twelve months notice or such shorter period as is mutually agreed, having regard to required changes in processing systems. The WCA shall meet the costs associated with the collection of materials. HCC may, after consultation with the WCA, request that the collection of particular dry recyclables be terminated/suspended where there is no market for those material(s) and the situation is unlikely to change for the foreseeable future. A minimum of three months notice of such termination/suspension shall be given to the WCA.
In the event that the collection of dry recyclables becomes unaffordable as a result of external influences beyond the control of the WCA, the WCA may, after consultation with HCC, arrange for separate collection to be suspended. A minimum of three months notice of such suspension shall be given to HCC. In such circumstances HCC shall have the option of providing financial support to allow collections to continue.
Specifications for Collected Dry Mixed Recyclables and Green Garden Waste and Biowaste
Specifications for collected dry recyclables, green garden waste and biowaste shall be agreed between HCC, HWS and the WCAs. The input specifications shall have regard to practice and experience gained since household collections were introduced in Hampshire and the requirements of the reprocessing markets.
The WCA shall use reasonable endeavours to ensure that collected dry recyclables, green garden waste and biowaste comply with the specifications. In circumstances where a load(s) fails to comply with the input specification, the WCA shall use reasonable endeavours to ensure that corrective action is taken. If loads repeatedly fail to comply, HCC shall seek to ensure that such loads are processed, subject to the WCA agreeing to meet any reasonable additional processing costs involved. Where rejected loads are repeatedly deemed by HWS in consultation with HCC and the WCA to contain a level of contamination unsuitable for processing, the WCA shall meet any reasonable additional costs over and above the normal processing/disposal costs incurred by HCC in arranging for the disposal of the rejected material.
HCC and HWS shall use all reasonable endeavours to ensure the WCA is given the opportunity to inspect any rejected loads within 24 hours of such rejection.
The partners have agreed to undertake regular compositional analysis of various fractions of the total resource stream via a Materials Analysis Facility. Results of analysis shall be notified to partner authorities and published in accordance with protocols agreed by the Project Integra Research group.
Processing of Collected Dry Recyclables and Green Garden Waste and Recycling Credits and Biowaste
HCC shall arrange through its contract with HWS for the processing of collected dry recyclables, green garden waste and biowaste as set out in the agreed Service Plan (subject to Para 12 above) at no cost to the WCA.
In the event that the processing of collected dry recyclables becomes unaffordable as a result of external influences beyond the control of HCC (e.g. there being no markets or high costs being incurred in securing outlets for collected dry recyclables) HCC may, after consultation with the WCAs and approval of the management Board , arrange for processing to be suspended and the materials sent for disposal. A minimum of three months notice of such suspension shall be given. In such circumstances, the WCAs shall have the option of providing financial support to enable processing to continue.
Recycling Credits
The WCA shall not pursue any claim for recycling credits for collected dry recyclables, green garden waste and biowaste processed through materials recovery facilities and composting plants and anaerobic digestion facilities further to the requirements of the long term waste management contract between HCC and HWS and the terms of this Memorandum.
HCC shall pay recycling credits in respect of separated and other dry recyclables collected via recycling banks and not processed via materials recovery facilities or composting plants under the disposal contract with HWS. Credits shall be paid at the rate of £XX.XX from 1st April 200X. Thereafter the credit shall be revised in accordance with regulations issued under the Environmental Protection Act 1990.
The recycling credit shall be increased to take account of the Landfill Tax, in accordance with the relevant regulations.
Marketing of Collected Recyclables and Sharing of Income
The marketing of processed collected recyclables shall be the responsibility of HWS, acting in consultation with HCC and WCAs through the PIMB as advised by the Materials Marketing Group. In assessing the adequacy of proposed arrangements, the aim shall be to seek a balance between income/cost, the ability to meet market specifications and achieving security of markets. HCC shall agree a protocol for marketing recyclables with HWS and the WCAs.
Reason for deletion - intention covered by consultation with Board.
Where no markets are available for collected recyclables, HWS shall be required to store the materials at their facilities, subject to space being available. Thereafter the materials shall be sent for disposal or moved to a third party site for storage with HWS being reimbursed the costs associated therewith. The choice of option shall be made by HCC having regard to the guiding principles set out in Paragraph 2, after consultation with the PIMB WCAs. Where the cost of on-going storage is unaffordable to HCC, the WCAs shall have the option of meeting or contributing to the cost to enable this option to continue in preference to disposal.
Profit/loss from the sale of recyclables processed through materials recovery facilities may be apportioned between the WCA and WDA as per the terms of a separate legally binding agreement between the parties and nothing in this Memorandum of Understanding shall be construed as constituting or forming part of such an agreement.
It is declared that under the terms of HCC's long term contract with HWS, income from the sale of biogas, compost and/or digestate from green garden waste or biowaste, or from the sale of landfill gas, and other forms of energy, shall accrue to HWS. However, HCC shall seek to include in the contract an option for the possible future sharing of income from the sale of compost, subject to the agreement of suitable terms.
Reason for deletion - Contractual issues outside the Constitution
Separated and Other Dry Recyclables
HCC shall pay recycling credits in respect of separated and other dry recyclables collected via recycling banks and not processed via materials recovery facilities, composting plants or anaerobic digestion plants under HCC's contract with HWS. Credits shall be paid at the rate of £29.13 from 1st April 1997. Thereafter the credit shall be revised in accordance with regulations issued under the Environmental Protection Act 1990. Where requested by all the WCAs in a given region, HCC shall pay an equal credit based on the average amount to all WCAs in that region.
The recycling credit shall be increased to take account of the Landfill Tax, in accordance with the relevant regulations.
Reason for deletion- incorporated above in modified form.
Recycling Storage Bays
HCC shall make available to the WCAs under its contract with HWS recycling storage bays for the reception and storage of the following separated dry recyclables not handled through materials recovery facilities. The sites and materials handled are detailed in Appendix 5.
HWS shall levy a handling charge of £1.92 per tonne (as at 1st April 1997) to be met by the WCA for materials handled through the storage bays. The handling charge shall be levied on a monthly basis and be determined from weights of materials leaving the facilities for reprocessing. The handling charge shall be reviewed on the 1st January of each year to reflect changes in the Retail Price Index.
The administration and marketing of separated dry recyclables handled through the storage bays shall be undertaken by the WCAs on a regional basis where reasonably practicable and financial arrangements have been made to the satisfaction of all the parties in accordance with arrangements determined by the appropriate Regional Officers' Group.
The WCA may at its discretion make other arrangements not involving the use of the storage bays for separated dry recyclables.
Promotional Activities
HCC and the WCA shall co-operate subject to the availability of finance on joint promotional activities to raise public awareness of integrated waste management and Project Integra. Whenever possible, such activities shall be undertaken under the Project Integra logo.
The WCA shall participate in the development of the Project Integra exhibition, including arranging venues, transportation and staffing as required.
Reason for Deletion - anachronistic and superseded by Recycle for Hampshire which will be separate SDC.
Abandoned Vehicles
The WCA shall discharge HCC's responsibilities for the storage and/or disposal of abandoned vehicles in accordance with the principles set out in Appendix 6. The details and financial arrangements shall be agreed between the parties.
Reason for Deletion - Situation currently under review.
Household Waste Recycling Centres
HCC will provide a network of Household Waste Recycling Centres (HWRCs) across the County (excluding Unitaries) area of HCC in accordance with Section 51 (2) of the Environmental Protection Act 1990. These facilities are primarily for the recycling and disposal of household waste not collected by the refuse collection service (i.e. bulky items and garden waste).
HCC will seek as far as practicable to achieve integration of the HWRC service with special household collections provided by the WCAs. In particular, HCC will maximise opportunities for the processing of special household collections via the HWRC network in order to maximise the recycling of such wastes.