EXECUTIVE COMMITTEE – 24 SEPTEMBER 2007
PUBLIC SERVICES & HEALTH POLICY PANEL – 30 AUGUST 2007
PART I - NOT DELEGATED
15a.
HERTFORDSHIRE JOINT WASTE MANAGEMENT
MEMORANDUM OF UNDERSTANDING (MOU)
(DLE)
STRATEGY
AND
1.
Summary
1.1
To seek formal endorsement of the Hertfordshire Waste Management Core
Strategy, Action Plan and Memorandum of Understanding (MOU).
2.
Details
2.1
Hertfordshire Waste Management Core Strategy and Action Plan
2.1.1
The Hertfordshire Waste Partnership (HWP) is a formal group, which meets 4
times a year, comprising of senior members from each of the 11 Hertfordshire
authorities. TRDC’s representative is Councillor Brading, Portfolio-holder for
Public Services and Health. In January 2005, HWP decided to carry out a
review of the existing Joint Municipal Waste Strategy (JMWS), which was
published in 2002. This decision was made because although much of the
underlying data and broad objectives remain relevant new information and
developments such as the Landfill Allowances Trading Scheme (LATS) targets
led to a need to clarify priorities and update ways of working. Work began in
April 2005 by leading consultants Eunomia, secured by HWP and funded by
Defra’s Local Authority Support Unit.
2.1.2
The review was managed by officers from each of the partner authorities,
however regular reports were received by HWP Members who, at critical times,
decided upon policies, priorities and other significant matters.
2.1.3
In addition to the work carried out by Eunomia a comprehensive public
consultation exercise was carried out over a 12 week period from January to
March 2007. Over 11,000 responses were received from across the whole
County. Results included: Strong support for high levels of recycling and composting (80% in favour of
a target of more than 50% by 2012).
 Overwhelming belief that we should reduce the amount of waste we produce
(98%)
 Strong support for waste reduction initiatives such as home composting and
the use of real nappies (85%)
 Strong support for more publicity and campaigning on waste (85%)
 Overwhelming view that manufacturers and retailers should reduce the
amount of non recyclable packaging (98%)
 Overwhelming view that turning waste that cannot be recycled into energy is
important (96%)
 Disagreement that smaller bins or less frequent collections help reduce
waste and encourage recycling (23%)
A copy of the results report, including a full breakdown of responses to
questions and a summary of additional comments received was despatched to
Members in July.
2.1.4
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The main issues arising from the Eunomia review were used as the basis for 2
new documents: the Core Strategy and Action plan, each of which have been
revised in response to the consultation exercise. Copies of these have been
circulated as separate documents to the agenda and there is a copy in the
Members’ Room. The Core Strategy sets out the context for HWP work, high
level objectives and principal policies. The Action Plan describes how HWP will
take forward the work under the 3 main categories of waste awareness,
recycling and composting and residual waste management. It is envisaged that
regularly updated annual work programmes will flow from the Action Plan.
2.1.5
Both the draft Core Strategy and Action Plan were agreed by Members of HWP
at a meeting on 16th July, however it is hoped that each partner authority can
provide formal endorsement of both the Strategy and Action plan at the next
HWP on 30th October. It is recognised that there may be issues raised by
partner authorities which the Members group needs to discuss at this meeting
and it is therefore intended that a separate adoption / launch event is organised
for November.
2.2
Memorandum of Understanding
2.2.1
In order to facilitate good working practices between HWP’s partner authorities
a draft MOU has been drawn up. It is important to note that this is not a legally
binding document and therefore, although it sets out the desired principles in
which each partner should work, there can be no penalty should any individual
authority not comply with any part of it.
2.2.2
This revised MOU is based in part upon the existing MOU, which was signed by
all partners in 1998. The new document however gives stronger emphasis to
integrated waste management and the joint working required to achieve this.
The main points include:



2.2.3
Establishing guidelines for a Joint Decision Body (1.1c)
Harmonising collection/ treatment/ recycling / disposal contracts (4.6)
Securing of a Partnership Support Officer (8.1)
The HWPs transition to a joint decision body is given additional impetus by:


Provision in the Local Government and Public Involvement in Health Bill
for new powers to set up Joint Waste Authorities
The commitments made in the Hertfordshire Pathfinder bid agreed by
the 11 local authority Leaders in January 2007.
2.2.4
Harmonising the nature and timings of contracts is increasingly significant as
Hertfordshire seeks to meet its LATS allowances and reduce its reliance on
landfill. It will also ensure cost effectiveness for Hertfordshire’s Council Tax
payers.
2.2.5
It is anticipated that the Partnership Support Officer suggested in Section 8 of
MOU be funded from each authority’s existing contribution to HWP (£6,000
p.a). There would therefore be no budgetary effect to this Authority.
2.2.6
The work programme shows finalisation of the MOU at HWPs meeting on 30th
October 2007, coinciding with adoption of the Strategy. Therefore each partner
authority has been asked to confirm at this meeting their formal agreement to
the Memorandum. Formal adoption will then coincide with the launch of the
Strategy.
3.
Options/Reasons for Recommendation
3.1
Endorsing all 3 documents is critical to the partnership required to take
Hertfordshire’s Waste Strategy onto its next stage.
.
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4.
Policy/Budget Implications
4.1
The recommendations in this report are within the Council’s agreed policy and
budgets.
5.
Financial, Legal, Staffing implications, Customer Service, Website and
Community Safety Implications
5.1.
None specific.
6.
Equal Opportunities Implications
6.1
Relevance Test
Has a relevance test been completed for Equality Impact?
Yes
Did the relevance test conclude a full impact assessment
was required?
No
7.
Environmental Implications
7.1
One of the main aims of the Core Strategy is to reduce the County’s reliance on
landfill, which will reduce the environmental problems associated with this
practise. The consultation exercise carried out clearly showed that 95% of
respondents believed that minimising environmental impact was important when
choosing alternative methods of waste treatment and this will therefore be a
major consideration in the process.
8.
Risk Management Implications
8.1
The Council has agreed its risk management strategy which can be found on
the website at http://www.threerivers.gov.uk.
The risk management
implications of this report are detailed below.
8.2
The subject of this report is covered by the Environmental Protection service
plan. Any risks resulting from this report will be included in the risk register and,
if necessary, managed within this plan.
8.3
The following table gives the risks if the recommendation(s) are agreed,
together with a scored assessment of their impact and likelihood:
1
8.4
Description of Risk
TRDC compelled to not act in its own interest
by majority of Partnership
Impact
II
Likelihood
F
The following table gives the risks that would exist if the recommendation is
rejected, together with a scored assessment of their impact and likelihood:
Description of Risk
2 Council loses benefits of partnership
working and does not have say in Waste
Strategy Conclusion
Impact
Likelihood
II
D
8.5
Of the risks above none are already included in service plans:
8.6
The above risks are plotted on the matrix below depending on the scored
assessments of impact and likelihood, detailed definitions of which are included
in the risk management strategy. The Council has determined its aversion to
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Likelihood
risk and is prepared to tolerate risks where the combination of impact and
likelihood are plotted in the shaded area of the matrix. The remaining risks
require a treatment plan.
A
B
C
D
E
F
2
1
I
II
III
IV
V
Impact
Likelihood
V = Catastrophic
A = >98%
IV = Critical
B = 75% - 98%
III = Significant
C = 50% - 75%
II = Marginal
D = 25% - 50%
I = Negligible
E = 2% - 25%
F = <2%
Impact
8.7
In the officers’ opinion none of the new risks above, were they to come about,
would seriously prejudice the achievement of the Strategic Plan, and are
therefore operational risks. The effectiveness of treatment plans are reviewed
by the Audit Committee annually.
9.
Recommendation
9.1
That Public Services and Health Policy Panel recommend to Executive
Committee that:
9.1.1
They endorse both the Hertfordshire Waste Core Strategy and Action Plan.
9.1.2
The draft MOU be agreed and that the Council Leader, or nominated substitute
be asked to sign a formal copy at the Waste Strategy launch event
Report prepared by:
.
Alison Page, Environmental Protection Manager
Background Papers
Hertfordshire Core Waste Strategy – July 2007
Waste Strategy Action Plan – July 2007
Results of Hertfordshire Waste Strategy Consultation – July 2007.
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APPENDIX A
Proposed Memorandum of Understanding for the
Hertfordshire Waste Partnership
1.
1.1
PURPOSE OF THIS MEMORANDUM OF UNDERSTANDING
The purpose of this Memorandum of Understanding (referred to in the `
remainder of this document as The Memorandum) is to: Set out in simple, non legalistic, terms the way that the partners to The
Memorandum (referred to in the remainder of this document as The Partners) will
work together on waste management issues.
Clarify and record the responsibilities of The Partners to The Memorandum
individually and collectively, including to each other.
Establish guidelines for taking joint working forward to the establishment of a
Joint Decision Body to deliver the Joint Municipal Waste Management Strategy
for Hertfordshire (referred to in the remainder of this document as The Strategy)
within the budget and parameters approved by each of the Partners in the
adoption of the Business Plan and Annual Action Plan.
2.
THE PARTNERS TO THE MEMORANDUM
The Partners to The Memorandum are: Broxbourne Borough Council
Dacorum Borough Council
East Hertfordshire District Council
Hertfordshire County Council
Hertsmere Borough Council
North Hertfordshire District Council
St Albans City and District Council
Stevenage Borough Council
Three Rivers District Council
Watford Borough Council
Welwyn Hatfield Borough Council
3.
STATUS OF THE MEMORANDUM AND THE PARTNERSHIP
3.1
The Memorandum is an operational document.
binding contract.
3.2
The Partners, individually and collectively, agree to use all reasonable
endeavours
to comply with the terms and spirit of The Memorandum. They
will
not
be
obligated to undertake expenditure without that being agreed by them as individual
Partners except where they each agree to commit funding of a specific amount (oneoff or annually) to be pooled so as to be expended as determined by agreement of
The Hertfordshire Waste Partnership
(referred to in the remainder of this
document as The Partnership).
3.3
The Partnership is not a legal entity. Accordingly, it cannot employ staff or
enter into a contract(s) in its own right. In those respects it will have to act
through an agent – normally one of The Partners on behalf of The
Partnership.
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It is not a formal or legally
3.4
4
The Partnership has no delegated or executive powers. The Partnership cannot
–
with the exception of deciding expenditure from any pooled budgets
referred to
in paragraph 3.2 above – reach any decisions, which are binding on The Partners,
individually or collectively.
KEY PRINCIPLES
The Partners, individually and collectively, agree the following key principles
to guide the activities of The Partnership: -
4.1
The effectively delivery of the Joint Municipal Waste Management Strategy
Hertfordshire.
for
4.2
To take actions and make decisions as to what to recommend to individual
Partners on the basis of what is in the best interests of all Council Tax payers
and
the implications for all Partners within the geographical area of
Hertfordshire, and
take into account what is fair and equitable for each
Partner
4.3
That for reasons of cost effectiveness and value for money, the Partners accept the
need to: ~
work together, through The Partnership on the development of waste
disposal, waste collection and waste minimisation and reuse/recycling
strategies in accordance with The Strategy
~
collectively monitor the effectiveness of the strategies
~
collectively review the options for the future delivery of services to meet
the aims and objectives of these strategies
4.4
To work together in a spirit of mutual trust, support and respect, and to ensure that
when difficulties or difference of opinion arise they are addressed quickly,
honestly and openly, if necessary by holding a Joint Meeting with the
Hertfordshire Leaders’ and Chief Executives’ Group.
4.5
To share in a fair and equitable manner the costs and work involved in
the key principles and objectives.
4.6
Each of The Partners agrees not to enter into any significant new arrangements
relating to waste collection, treatment, recycling or disposal
contracts without
consulting the Partnership. As existing contracts expire, new arrangements and
contracts will where practicable be let for periods which harmonise with The
Strategy to enable the development of integrated waste management systems.
5
OBJECTIVES
achieving
The objectives of The Partnership are as follows: 5.1
To enable The Partners to work together to manage municipal waste within
Hertfordshire in the most efficient, effective, cost-effective and sustainable
manner.
5.2
To research the options for a “Joint Decision Body” with Executive decisionmaking powers. To recommend to the Partners a preferred option for such a
body and the extent of the executive decision-making powers which will be
incorporated into the proposed constitution of such a body which are intended
at
this time to include the power to let contracts and employ staff.
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5.3
To explore options for working with other bodies on waste management where there
would be benefits to the Partnership.
5.4
To develop a long term vision and influence long term land-use planning for
waste as a resource in Hertfordshire.
5.5
To keep under review the Joint Municipal Waste Management Strategy for
Hertfordshire (which has, at the date of signing of The Memorandum been
formally adopted by each Partner) and individual implementation plans for
consideration and adoption by The Partners and to monitor their implementations
and effectiveness.
5.6
To investigate all options for the future procurement and delivery of municipal
waste collection, disposal, recycling, minimisation and reuse services,
including
an examination of the opportunities for continued involvement of the
existing inhouse providers employed by any Partner.
5.7
To consider options for the joint funding of existing and future countywide
initiatives, including budgetary provision and financial apportionment between
Partner Authorities.
5.8
Through the WasteAware campaign, to increase awareness of waste as a
resource and to interact with other stakeholders to promote waste minimisation and
achieve an economically, environmentally and socially
sustainable
waste
programme of gaining value from waste.
5.9
To work with, and support as appropriate, statutory agencies, nongovernmental organisations (NGO’s), commercial enterprises of all sizes,
business, scientific, commercial and voluntary/not for profit organisations and
other bodies who are in pursuit of developing, supporting and influencing the
future direction of sustainable waste/resource management.
5.10
To consider and evaluate, where appropriate, processes to manage waste
from commercial sources from within Hertfordshire if commensurate benefits
accrue to Hertfordshire residents and if it contributes to the overall
environmental, social or economic well being of Hertfordshire.
5.11
In all of its considerations and recommendations to be bound by the principles of
Best Value and to maximise the opportunities under the power to promote
the
environmental, social and economic well-being in all matters related to
waste/resource management and to support the development of future proposals
for inclusion in community strategies.
5.12
To consider and make recommendations in respect of any other activities in
accordance within the general scope of responsibility which continues to promote,
develop or secure the role of The Partnership and resource management to the
benefit of all Hertfordshire residents, due regard should be given to the long term
effects and impact of that decision upon the Council tax payers as a whole and the
impact upon the integrated waste management approach.
6.
MEMBERSHIP AND VOTING
6.1
Each Partner will appoint one elected Member and one substitute elected Member to
serve on The Partnership (called Partnership Members). Whilst appointments will be
reviewed annually some strong consistency of membership is encouraged.
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6.2
The lead Member appointed by each Partner shall normally be the member of that
Council with Lead Member/Portfolio Holder/Committee Chair responsibility for waste
issues (as appropriate to each Partner’s political structure).
6.3
Each Partnership Member (or his/her substitute) shall have one vote. There will be
no casting vote. The Partnership will seek to reach decisions through consensus.
Should two (2) or more Partners wish to take a vote, the result will be carried unless
two (2) or more Partners vote against.
6.4
Voting will normally be by a show of hands
MEETINGS AND CHAIRING
7.1
The Partnership will biennially elect at its July meeting from its Partnership Members
a Chairman and a Vice-Chairman.
7.2
The Chairman and Vice-Chairman will be elected from different Partners.
7.3
At least four meetings a year will be held.
7.4
Meetings will be open to the public. Confidential items of business may be
considered in private at the end of meetings at the Chairman’s discretion.
7.5
A special meeting shall be held if called by either the Chairman or Vice Chairman or
by a written request from at least 50% of The Partners.
7.6
The quorum for a meeting shall be Member representatives from at least 8 of the
Partners.
7.7
The agenda calling a meeting and accompanying reports shall be circulated to all The
Partnership Members (and their substitutes and to members of the Strategic Waste
Management Group) at least five working days before that meeting. With the
agreement of the Chairman (or in his/her absence the Vice-Chairman), agendas and
papers may, in respect of an urgent item, be circulated later than five working days
before the meeting but not less than two working days.
SECRETARY
8.1
The Partnership shall, by support the employment of a Partnership Support Officer
and/or use of Consultants, to advance the aims and objectives of the Partnership.
The work programme for the Officer and/or use of consultants will be determined by
the Partnership and monitored by the Partnership.
8.2
The Partnership Support Officer will provide the role of Secretary to the Partnership
and shall –





Arrange meetings and circulate agendas and reports
Take minutes
Advise the Chairman of the meeting as to procedures
Manage and co-ordinate to an agreed level the day to day administrative activities
associated with The Partnership
Ensure that all necessary advice on the general implications of matters under
consideration is obtained
DIRECTORS GROUP
9.1
The Partnership shall be supported by the Directors Group (DG) consisting of the
service director responsible for waste in each Partner.
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9.2
The DG will prepare reports and recommendations for consideration by The
Partnership.
9.3
For the avoidance of doubt membership of the DG may vary at the discretion of each
Partner as appropriate to the topic or issue being considered.
9.4
Officers of each Partner shall be responsible for implementing Partnership decisions
(once adopted by all Partners) and the DG shall oversee the implementation of those
decisions.
BUSINESS PLAN
10.1
The Partnership shall consider and approve a five-year rolling Business Plan with an
annual Action Plan with named lead Partner/Officer responsibilities for delivery.
10.2
A Draft Annual Action Plan shall be prepared and agreed by 30th July each year for
further consideration by each Partner and shall be finalised by the following 31st
March for immediate implementation in the following financial year.
STANDING CONFERENCE
11.1
Once a year, before the Business Plan is rolled forward The Partnership will arrange
a meeting (to be known as The Standing Conference), of persons and organisations
interested in the development of Waste Management, including representatives of
the Hertfordshire Association of Local Councils from each Borough/District Council
area.
11.2
The purpose of The Standing Conference is to raise awareness and to seek a broad
range of views on the future development of waste management policy and to enable
The Partnership to report on its achievements against the previous Business Plan
targets for the previous year.
DISPUTE RESOLUTION
12.1
In the event of a dispute which cannot be resolved by The Partnership, the matter
concerned will be referred to a Joint Meeting with the Hertfordshire Leaders and
Chief Executives Group.
DURATION
13.1
The arrangements set out in this Memorandum of Understanding will remain in
operation until a Joint Decision Body is established. They may, however, be varied
by agreement of all The Partners.
This Memorandum of Understanding is agreed by the following: PARTNER
Broxbourne Borough Council
Dacorum Borough Council
East Hertfordshire District Council
Hertfordshire County Council
Hertsmere Borough Council
North Hertfordshire District Council
St Albans City and District Council
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SIGNED (Leader of the Council)
Stevenage Borough Council
Three Rivers District Council
Watford Borough Council
Welwyn & Hatfield Borough Council
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