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Estates Management Policy

Refuse Disposal


From February 2004 a new system for uplifting household waste will be phased in throughout South Ayrshire. This is in compliance with the European Union Landfill Directive which requires a reduction in the amount of waste disposed of in landfill sights.

South Ayrshire Council aims to achieve this by introducing what is termed the “Three Bin System”, for household waste. In addition there will be a service provided to households that will enable them to have glass uplifted from the kerbside outside their home using a plastic box. All the glass that is collected will be taken away and recycled.

Under this new scheme, waste needs to be separated by householders into the correct colour of bin before collection

The three bins will be colour coded as follows: -

Blue (Recycling Bin) For the disposal of cans, cardboard, paper and plastic bottles.

Brown (Composting Bin) For branches and twigs, grass cuttings, hedge trimmings, all types of plant material and prunings.

Green (For waste that cannot be recycled)

People living in flats who presently use the communal Euro bin system to dispose of their waste, will be issued with additional blue communal Euro bins or boxes to recycle their waste.

An additional blue or brown bin may be bought by any householder in South Ayrshire by contacting the Waste Management Team on 08457 697520.

Residents who are elderly or infirm, and who cannot put their wheelie bin out for emptying, can apply for a permit. The permit means that the contractors will take the bin from its normal position, empty it, and return it. To apply for a permit, the resident should call the Waste Management Team on 08457697520.

N.B. there will be no change to normal collection days.

Further details and information can be provided on recycling by calling 0845 601 2020 or by visiting www.south-ayrshire.gov.uk/wastemanagement

A special uplift service is offered by the Council for any bulky items or garden waste, which cannot fit into the wheelie bin. Each householder is entitled to 5 free collections between 1st April and 31st March each year. Additional uplifts will be charged at a rate which, varies depending on the size of the load. This service can also be arranged with the Waste Management Team on 08457697520.

The rubbish to be uplifted must be itemised. The contractors will only uplift the items that have been specified by the tenant. The tenant will be given a date for the uplift and asked to place the items at the front of the building the night before. If the tenant is elderly or disabled and unable to move the item, then alternative arrangements can be made with the Waste Management Team. The resident must make the request for a special uplift themselves. It will not be possible for Housing Officers to make the arrangement on their behalf. This is mainly to avoid any disputes where the tenant may later state that he/she did not want the items to be taken.

Hazardous or special wastes may have to be collected by a specialist contractor. This would include asbestos, flammable wastes, alkalis, weed-killers, and poisons. The Waste Management Team will give further advice on this. They can be contacted on (01292) 613079.

The Council provides 6 permanent civic amenity recycling centres. Householders may dispose of waste or recycle a wide variety of materials at these centres free of charge. The centres are located at the following addresses:

These sites are open from 10.00am every day including weekends.

Staff will visit tenants where their refuse is not being disposed of satisfactorily. They will be advised of the correct procedure for disposing of their waste and they will also be referred to their tenancy agreement, which outlines their responsibilities in this area. An initial letter will be sent advising the tenant of their obligations in terms of refuse disposal. The property will be inspected within 14 days to ascertain if the problem has been rectified. If no attempt has been made to address the problem, a second letter will be sent to the tenant within 3 days of the inspection.

If the tenant repeatedly fails to dispose of their waste appropriately, there are several options that can be considered.

Housing Officers can arrange for the rubbish to be removed and invoice the tenant for the cost of the work.

Cases can also be referred to Environmental Health Officers. If the waste is causing a statutory nuisance, then the tenant may be served with an abatement notice under the Environmental Protection Act 1990. The waste must be causing a nuisance to another party. Examples are where there is an offensive smell, or where the waste is attracting vermin. Breach of such an order is a criminal offence and a report would be sent to the Procurator Fiscal. The tenant could be punished by fine or imprisonment.

Where it can be proven that a householder is not complying with the Council's designated procedures for refuse collection, the Waste Management Team may also serve a Notice, under the Environmental Protection Act 1990. This notice will stipulate, for example, that the receptacle to be used, where it should be placed for collection, etc. The maximum fine for non-compliance with this notice is £2,500.

In extreme cases, the Council could consider repossession action where a tenant fails to comply with the conditions of the tenancy agreement. The Tenancy Agreement states that:

“No property belonging to you or anyone residing with you or anyone visiting you, including bicycles, motorcycles or prams, should be stored in any of the common parts except in areas set aside for storage. You must not do anything which causes inconvenience or danger to anyone using the common parts.

You must put all your household rubbish for collection in the bin store or other proper place allocated for it. You must take reasonable care to see that your rubbish is properly bagged. If rubbish is normally collected from the street, it should not be put out earlier than the evening before the day of collection. Rubbish containers should be returned to their normal storage places as soon as possible after the rubbish has been collected. You must comply with the local arrangements for the disposal of large items (such as large electrical items).

You must not use heaters fuelled by any kind of liquid petroleum gas (for example Calor Gas). You must not keep more than two 15kg bottles of liquid petroleum gas in your house at any one time.

You must not keep more than 5 litres of paraffin in your house. You must take all reasonable precautions to prevent risks (such as fire and explosions) arising from the use or storage of paraffin or other flammable or dangerous substances in your house.”

In serious cases, where all attempts to resolve the problem have failed, legal proceedings can be raised on the grounds that the conditions of the tenancy have been broken. A notice of proceedings would be issued. This would give the tenant 4 weeks notice that the council intended to raise proceedings to evict them. In such cases, evidence must be available to prove that the tenant has not complied with the above section of the agreement. Evidence could include previous letters and records of visits; photographs; statements from neighbours; and reports from Environmental Health Officers or Waste Management Officers.

Where refuse has been disposed of in the communal areas within a block of flats, and the source of the waste cannot be identified, Housing Officers can arrange for the waste to be removed. The cost can, where appropriate, be divided between all residents, and an invoice issued to each.

If waste is disposed of outside a block of flats, and the source cannot be identified, the Waste Management Team will arrange for it to be uplifted.

Routine Estate Management Visits
A programme of Estate Management visits will be produced. The programme will ensure that officers visit each area within their patch on a regular basis. The purpose of the visits will be to identify problems with gardens, closes, rubbish dumping, vandalism and other estate management issues. Officers will record the issues and arrange for appropriate action to be taken to address them. A pro-forma will be used by Housing Officers during the visits to record their findings. This document will be used to document action taken as a result of the visit and will be kept on file for future reference.

Litter
South Ayrshire Council employs a Litter Warden, who is able to issue 'on the spot' fines. The Litter Warden covers the whole of South Ayrshire and visits each area on a rota basis. Following the introduction of the Litter (Fixed Penalty) (Scotland) Order 2003, a fixed penalty of £50 can be imposed on offenders. Section 87 (1) of the Environmental Protection Act 1990 creates the offence of any person to throw down, drop or otherwise deposit anything whatsoever in a place in the open air as to cause, or contribute to, or tend to lead to the defacement by litter.

"Anything whatsoever" means exactly that and includes cigarette ends and chewing gum.