Clear streets, commercial waste time banding

(o) “Eurobin” means a metal receptacle constructed in accordance with BS EN 840-2:2004 or an equivalent of capacity over four hundred litres and under thirteen hundred litres.

(p) “Paladin” means a steel receptacle constructed in accordance with BS 1136:1972 or an equivalent.

(q) “Bulk bins” means Eurobins and/or paladins.

(r) “Waste sack” shall mean a plastic sack made in accordance with BS EN 13592:2003 or an equivalent.

(s) “Clinical waste sack” shall mean any waste sack of yellow base colour.

(t) “Collection point” shall mean any point where waste is placed by the originator for collection by the Council or a waste carrier.

(u) “Storage Point” shall mean any other point where waste is stored prior to placement at the collection point.

(v) “Street” has the meaning given to it by section 329 of the Highways Act 1980.

(w) “Highway “and “Public highway” have the meanings given to them by sections 328 and 329 of the Highways Act 1980.

(x) “Internal collection” shall mean any point within a premise where waste is collected by hand from the originator for collection by the Council or a waste carrier, whereby no waste is presented onto the highway for any period.

(y) “External collection” shall mean any point where waste is placed anywhere other than within the premise, and collection by the Council or a waste carrier when collection is made.

(z) “Presentation point" shall mean the point where waste is placed by the originator for collection by the Council or a waste carrier.

Kind and numbers of receptacles for trade waste

2. (1) The occupiers of premises producing trade waste shall provide sufficient and suitable receptacles to contain the expected arising of trade waste from their premises.

(2) Receptacles may be dustbins, Eurobins, paladins, waste sacks or wheelie bins, constructed in accordance with BS EN 840 or equivalent that are clearly identifiable with respect to the waste carrier contracted to service collections.

(3) Only waste sacks may be placed out on the public highway for collection unless written permission from the Council provides authority for alternative receptacles to be placed out for collection.

3. Where cardboard is separated from any waste it should be tied in bundles not exceeding 25 kilograms in weight and having a maximum width, length or depth of 150 centimetres, with an identifiable waste collector logo visible. This will be regarded as a suitable receptacle.

4. A trade waste receptacle shall not be considered to be suitable if it allows waste to leak, escape or cause litter.

5. (1) Trade waste receptacles shall be maintained in a reasonable state for storage of waste.

(2) Trade waste receptacles shall not have sharp edges or holes.

6. (1) Paladins being used as at the Commencement Date must no longer be utilised if stored for any period on the public highway; ·

(2) Such receptacles are to be replaced with receptacles constructed to BS EN 840 or an equivalent.

Placing of receptacles for trade waste for the purpose of facilitating the emptying of them

7. (1) The storage point for waste originating from any premises, shall be a suitable storage point within the premises.

(2) The storage point for trade waste shall not be on any street or highway.

8. The presentation point for trade waste/refuse or recyclate from premises producing trade waste will be on the highway or street immediately adjacent to an entrance to the originating premises.

9. (1) The occupier of any premises producing trade waste shall provide suitable storage points and internal collection points within the originating premises for any clinical trade waste or hazardous trade waste.

(2) Whether a storage point or collection point is suitable for the purpose of Regulation 7(1) is to be determined by the Council.

(3) Such storage points shall be kept secure at all times with no access for the general public.

(4) Storage and collection points provided for clinical trade waste or for hazardous trade waste shall be separate from storage or collection points for any other waste.

The substances or articles which may or may not be put into receptacles

10. No more than 25 kilograms of trade waste/refuse or recyclate waste shall be placed in any individual waste sack.

11. The occupier of any premises provided with bulk bins for the storage of trade waste/refuse or recyclate shall present all waste in identifiable receptacles for collection (except where otherwise provided by these Regulations).

12. Waste receptacles with a base colour of yellow shall only be used for the storage of clinical trade waste and sanitary trade waste.

13. Occupiers of premises producing trade waste may only use receptacles clearly identifying the company collecting them. Additionally, such receptacles are not to be placed at/in any storage area or collection point used for household waste.

The steps to be taken to facilitate the collection of trade waste from receptacles

14. All collection points for trade waste shall be reasonably accessible to waste carriers.

15. All receptacles for trade waste shall be clearly marked to show:

(a) the name and current address of the servicing waste carrier;

(b) the words “Trade Waste" or “Commercial Waste” and

(c) a current telephone number where a responsible person of the servicing waste carrier can be contacted at all reasonable times.

16. Premises producing trade waste in streets covered by the Council’s Time Banding Scheme (called “Clear Streets”) must place their waste out for collection at the collection times scheduled by the Council. Streets within the scheme are indicated on the Council’s website. All waste producers must follow these times not withstanding who their registered waste carrier is. The day and times scheduled for collection can be found in Appendix 1.

If the waste is not collected within the times specified on the website, then it must be removed from the street at the end of the collection period.

17. Premises producing trade waste in streets not covered by the Council’s Time Banding Scheme and being collected by a registered waste carrier other than the Council can place their waste out at any day or time, but it must be collected within 2 hours of being presented. If the waste is not collected after 2 hours from presentation it must be removed from the street.

18. Premises producing trade waste in streets not covered by the Council’s Time Banding Scheme and being collected by the Council must place their waste out for collection at the times scheduled for collection by the Council. In all cases, waste should not be presented on the street for longer than one hour, awaiting collection.

19. Where a sign specifying periods during which receptacles should be presented on the highway is displayed on the same side of a street or public highway as any premise producing trade waste, then the occupier of that premise shall only present such receptacles on that street or public highway during the periods prescribed by the sign.

20. (1) A collection point for trade waste shall be considered as reasonably accessible if it complies with the Council's approved Supplementary Planning Guidance on Waste.

(2) Where a collection point for receptacles for trade waste has been in use prior to the Commencement Date, it shall be presumed to be accessible even if it fails to comply with the Council’s approved planning guidance on waste unless the Council issues a Notice to improve access.

Notices under section 47 of the Act

21. Where, on or after the Commencement Date, the Council serves a Notice on the occupier of any premises, the specific requirements in such a Notice shall supersede any conflicting provision in these Regulations.

22. (1) Prior to the Commencement Date, if the occupier of any premise is of the opinion that these Regulations require unreasonable changes to the practices in use before the Commencement Date then the occupier or anyone acting on his behalf may apply to the Council for exemption from specified requirements imposed by the Regulations.

(2) The applicant or anyone acting on his behalf shall produce any evidence required by the Council to support the application.

23. For the purposes of section 23(4)(c) of the London Local Authorities Act 2007 (penalty charges) an application under Regulation 22 shall be treated as a reasonable excuse until the Council either rejects the application in writing or issues a Notice to take precedence over any or all of the specified provisions in the Regulations for such period as the Council considers to be reasonable.