Agenda and minutes

There were no declarations of interest.

Resolved: That the minutes of the previous meeting on 26 June 2023 be agreed as a true and correct record of the proceedings.

·         Governance

·         Contract Delivery

·         Legal

·         Financial

·         Communications

·         Resources

Consideration was given to a report presented by the BDR Manager, which presented an update on team initiatives and recruitment efforts. The presentation noted that a paper would be taken forward to the steering board regarding the future makeup of the BDR team. The presentation further noted the tonnage processed through the site, facility and recycling performance, and diversion statistics. Complaints were low, and updates on the ongoing need for acid scrubber work within the anaerobic facility were provided, and work was ongoing with the Renewi subcontractor regarding work to ensure emissions of the facility comply with legislation changes.

Members sought clarification of any progress in discussions around the contractual responsibility for the costs associated with the changes. The response from the BDR Manager noted that the Service was building the case that although more monitoring equipment may be needed, the standards required under the changing legislation should be already possible within the design parameters of the site.

Members sought further clarification around the effect of the damage to the pasteurisation tunnels on performance of the facility. The response from the BDR Manager noted that if there were issues, Renewi would be responsible to put these right.

A review of works to address dilapidation works was planned regarding the Barnsley transfer station. Health and safety had also recorded close calls, which showed evidence of a robust health and safety process.

Members sought further detail regarding the nature of the close calls which had been recorded. The response from the BDR Manager noted the operational governance process around review and close out done on a quarterly basis. The BDR Manager offered to include in future reports the top three trends regarding close calls to show the nature of these and actions taken.

The current position regarding insurance of the site was also described, and it had been affirmed that there reason to believe the site would be reinsured. It was also noted that the budget was closely managed and was currently underspent, in part in relation to recruitment to posts.

Members requested clarification around whether DEFRA’s announcement of delays would change the budget plans for communications campaigns regarding the changing requirements. The response from the BDR Manager noted that there had been some work done in preparation for a joint contamination campaign, which had been considered but had not been agreed to be done. The CELO budget was only available to be spent on an annual basis with agreement from communications and operations teams. There would a temporary reduction in availability of communications team members.

Regarding resources, the presentation noted that the consultation was still ongoing, and much was not yet known.

Resolved:-

1.    That the report be noted.

·       Landfill Diversion Incentive

·       BDR Team Resources

Consideration was given to a verbal update on current issues presented by the BDR Manager. The updates highlighted landfill diversion incentive and BDR team resources. The update described that BDR had negotiated a slightly different landfill diversion incentive, because there was more specification needed around diversion of plastics. New technology was being considered, but processing was currently more expensive than landfill. A paper was being taken to steering committee to determine the way forward. The update emphasised that the team would undertake the great deal of work necessary to ensure a good understanding of the requirements was developed and timely negotiations were completed prior to implementation.

The Chair noted the need for specialist posts and the importance of getting the right people for this level of specialised work.

Resolved:-

1.    That the updates be noted.

·       PFI Position – Change in Law claim

·       Wider Council Waste Services Position

Consideration was given to a verbal report from the BDR Manager regarding Persistent Organic Pollutants (POP’s). The update noted the successful negotiation which had occurred to pay for the disposal of the POP’s. Within the PFI contract, the BDR team had negotiated a reduction in the cost of disposal.

The Waste Manager from Barnsely noted the basis in existing legislation the effect of which required authorities to pay as much as six figures or more to deliver. The Chair affirmed the importance of partnership working and the need to identify PFI areas for potential savings within each authority.

The BDR Manager noted the action to work with the Waste Infrastructure Development Programme to pull together a letter to lobby government.

The Chair emphasised the individual local authority lens on the issue as well as joint approach. The Head of Street Scene for Rotherham suggested that there was support within the service to discuss the financial and service impact of the issue in a wider officer forum as appropriate.

Resolved:- 1. That the report be noted.

Consideration was given to a presentation by the BDR Manager which summarised changes in statutory requirements governing the delivery of waste contract partnership working since 2017, based on European law, and including future changes anticipated through 2025. In 2022 new environmental targets were published. This year included bans on particular kinds of waste, including POP’s going to landfill, and the Waste Prevention Programme for England was released, and the first review of the 25-year Environment Plan was published in July 2023. There was also delay regarding Extended Producer Responsibility payments. It was noted that this was an opportunity to come to understanding of the implications of future changes.

Future changes expected included digital waste tracking from 2024 which would introduce changes to how the Service collates information. Preparations for the South Yorkshire Waste Strategy Review were upcoming and would  involve a paper to steering committee with proposals which would be submitted to a future meeting of Joint Waste Board. Delays for payments, and Extended Producer Responsibility fees will change, as high quality materials may be lost through the implementation of the Deposit Return Scheme in 2025. Consistency of collections were also unknown. As far as food waste collections, BDR were not required to do this until 2040. 2028 will bring potential costs regarding the inclusion of Energy from Waste in the UK Emissions Trading Scheme, a near-elimination of biodegradable waste to landfill, and in 2030 there will be a ban on new diesel and petrol cars which will impact service delivery.

Resolved:- 1. That the presentation be noted.

Working together for the future

·       Waste & Resource Strategy

·       Legislation Changes affecting services.

·       SY Municipal Waste Strategy

Consideration was given to a presentation by the BDR Manager regarding working together in partnership for the future in regard to Waste and Resource Strategy, legislation changes affecting services, and the South Yorkshire Municipal Waste Strategy.

In discussion, Members requested further clarification regarding the focus on South Yorkshire Waste Plan Strategy, which is likely to be delivered by Planning rather than Environment. The response from the BDR Manager noted that the memorandum of understanding for the development plan sets principles in place for a facility being submitted through Planning. The Heads of Planning had received a paper regarding this, and all of the relevant embers were being engaged. The arrangements had been reviewed by Legal and would be transparent for all councils.

The Chair noted that the Policy is Planning led at Doncaster and it was in a good stage to be submitted. There were similar arrangements to be made in Rotherham, and members sought to know if there was an active strategy in place since the previous strategy expired in 2021. The response from the BDR Manager noted that the South Yorkshire Waste Strategy covered many of the previous strategic approaches, and build upon previous strategies. This was on hold whilst consultations were conducted around augmentation of the previous 2018 strategy. The team had looked at the South Yorkshire Waste Strategy in depth against the 2018 strategy and against the Environment Act, and an easier to understand, reader-friendly format was needed in a paper for the steering committee with recommendations.

Members also sought clarification regarding the planning aspects of the document, and it was desired that someone from Planning attend the next BDR meeting to discuss the planning element. The response from the BDR Manager noted that the Planning Managers had been brought up to speed regarding the memorandum of understanding. A meeting with the Doncaster lead and internal Rotherham officers and Cabinet Members would be held. A cross-portfolio approach would be taken to include Planning.

Officers also noted that early 2024 councils have to register which officers have to be responsible for those payments, and in late November 2024 there would be further action regarding payments by the operator, with receipt of payments in 2025. Ensuring waste management services are efficient and effective will maximise these payments.

Members noted that communicating the importance of the changes and the implications regarding what that means for service users and clarification around acronyms was a desired approach.

Resolved:-

1.    That the report and discussion be noted.

Consideration was given to a report presented by the BDR Manager in respect of the risk register. The report showed that there were no new risks, and that the main risks associated with service deliver had to do with the changing legislation. There was also anticipation of the resolution of the risk regarding insurance finalisation, which would be resolved during December.

The Chair noted the risks associated with changing legislation were a permanent fixture on the register.

Resolved:-

1.    That the report be noted.

The Chair confirmed there were no further items of business requiring discussion at the meeting.

Monday 11 December 2023 at 1.30pm

Rotherham Town Hall, Chamber

Resolved:-

That the next meeting of the Barnsley, Doncaster and Rotherham Joint Waste Board will be held on 11 December 2023, commencing at 1.30 pm in Rotherham Town Hall.