Agenda: How waste collections can be maintained during the pandemic

In line with regulatory guidance, most Scottish local authorities have altered the regularity of their collections or have temporarily stopped separately collecting certain waste streams. All household recycling centres in Scotland have also temporarily been closed. Some local authorities, including Glasgow City Council, have reported staff shortages due to workers in front line roles, including refuse collectors, being forced to self-isolate.

According to current EU statistics, each individual produces nearly half a tonne of municipal waste each year on average, which equates to more than 20kg of weekly waste per household. With many Scottish households currently unable to dispose of all their usual waste, in the usual way, we risk facing potential environmental problems such as increased fly-tipping or public health and hygiene issues.

Fortunately, a plan is now coming together potentially including the deployment of resources from private waste management businesses, some of which currently have additional capacity due to the current reduction in commercial and construction waste, to the public sector. Zero Waste Scotland has launched an online platform that allows private sector organisations to input their up-to-date information regarding resources and capacity. Local authorities can then access that data via the platform and contact the relevant operators in the private sector to enlist assistance, where required. In addition, the Scottish Environment Protection Agency (Sepa) is contacting individual waste operators to determine where there is treatment, storage and disposal capacity for various types of waste.

The EU has also produced guidelines on waste management practices since the pandemic outbreak. These outline how member states and waste operators throughout the EU must make “sustained efforts” to ensure the continuity of waste management activities during the coronavirus crisis. This includes maintaining separate collection of recyclables which, according to the EU guidance, are “essential to the circular economy”. As the guidance further states, there is also a need to try to prevent or reduce disruptions due to staff shortages while also ensuring ‘an enhanced health and safety at work’ regime is maintained.

The Scottish Government and Sepa have been clear that, despite the current challenges that are being faced, there is unlikely to be any relaxation of regulatory measures which go against this EU guidance. Sepa’s specific guidance sets out its expectation that all waste management operators will use their best endeavours to meet their environmental obligations. While Sepa says it is open to some temporary relaxation to regulatory positions, this will only be permitted in strict circumstances where non-compliance is unavoidable due to coronavirus.

While it will be challenging to adhere to strict regulation amid the high level of concern over public health, UK-wide guidance issued by the Waste Industry Safety and Health Forum has suggested practical measures that could help local authorities. These include implementing staggered rest breaks to prevent workers from congregating in their depots and putting in place alternative means of transport for waste collectors to limit the risk of infection when working in vehicles.

Protecting the environment and maintaining the highest possible waste management standards during this pandemic is hugely challenging. The strict but sensible approach being taken in Scotland seems to be achieving that delicate balance and could help us avoid other unintended environmental and public health consequences as a result of the lockdown.

Laura Tainsh is a partner and waste management specialist at law firm Davidson Chalmers Stewart