Provision of Black Sacks Frequently Asked Questions

The annual South Bucks Collection Calendar and Service Information Leaflet was delivered to households during September and completed by 1st October 2011.

Residents on the black sack service received a calendar that contained notice for residents that the black sacks will no longer be provided by South Bucks District Council and that residents would be required to purchase their own, along with instructions on how to refuse should be presented. The exact text is below.

‘Re: Notice of a change to waste collection arrangements made pursuant to Section 46 Environmental Protection Act 1990 (as amended)

Following a decision made by Councillors in November 2010, South Bucks District Council will no longer be providing black sacks to residents for the collection of waste. April 2011 was the last delivery of black sacks and from October 2011, residents will be required to purchase their own black sacks.

Section 46 Environmental Protection Act 1990 Notice
PLEASE NOTE THAT under Section 46 of the Environmental Protection Act 1990 (as amended) (the ''EPA''), SOUTH BUCKS DISTRICT COUNCIL ("the Council"), acting in its capacity as the waste collection authority for the district of South Bucks, gives you notice, for the above property, of which you are the occupier, that you are required to dispose of household non-recyclable waste for collection in the type of receptacles and in the manner set out below;

1. Non-recyclable waste must continue to be disposed of in refuse sacks (s46 (1) EPA) ,
2. From October 2011 onwards occupiers must provide their own refuse sacks (s46 (3) (d) EPA) ,
3. Refuse sacks provided by occupiers must be large and strong. As a guide 400 x 740 x 990mm size sacks or similar would be acceptable. Do not dispose of waste in small bin liners or carrier bags. Please note - Refuse collection crews have an absolute discretion not to collect sacks that are too heavy to lift safely (s46 (4) (a) EPA) ,
4. Refuse sacks must be secured i.e. sealed or tied. This will help prevent waste from escaping and animals foraging (s46 (4) (a) EPA) ,
5. All waste is to be placed at the property boundary, or another collection point which the Council may have agreed, by 7.00am on the morning of collection and no earlier than 5.00pm the night before collection day. Waste must not be placed on the highway.

The Council is not obliged to collect household waste placed for collection in breach of the above requirements and reserves the right to refuse to collect waste should any requirements of this Notice be breached (s46 (11) EPA) .

It is an offence to fail to comply with the requirements of this Notice.

As this Notice requires you to provide your own refuse sacks, you have the right to appeal this Notice in the Magistrates Court within 21 days of the date of this Notice (s46 (8) EPA ) .’

(FAQ's) Frequently Asked Questions

• Who made this decision?
  Councillors made the decision to cease black sack deliveries in November 2010. It was decided that April would be the last delivery of black sacks and residents would need to purchase their own thereafter.

• Why was this decision made?
  Providing black sacks to residents twice a year incurs a cost of over £60,000 per year to SBDC. In the current economic climate South Bucks District Council must find ways of making savings whilst maintaining essential services to customers. This was one of several cost saving measures introduced.
  
  There is no statutory/legal duty for the Council to provide refuse sacks to residents and many other Councils in England do not provide sacks or bins but are still able to operate an efficient and effective refuse service.

• Why are we only being told now?
  Section 46 of the Environmental Protection Act 1990 entitles the Council to control and regulate the means of waste disposal by way of a Notice. The decision was made to include the notice within this year’s calendar as all households received a copy. The calendars were delivered earlier than usual this year during September rather than October to give residents advance notice. An article regarding the decision was published in the local newspaper in November 2010.

• Have you considered the impact this will have on residents?
  An Equalities Impact Assessment was carried out prior to the decision and it was found that the proposal would potentially only have a negative impact on very low income households that use a large number of sacks, however this could be negated by households making full use of free recycling containers provided by the Council.
  
  Appropriate sacks can be purchased directly by residents at a wide number of outlets at a cost of a few pence per week.
  
  The universal provision of two free sacks per week resulted in many households having to purchase additional sacks in any case, but with some households not using their full allocation of free sacks.

• Some households have wheelie bins and now we don’t even get sacks, this is unfair.
  Approximately a fifth of the district has wheelie bins that were provided as part of a DEFRA funded scheme. We are unable to extend the provision of wheelie bins to the rest of the district as the treatment facility for green waste is at full capacity. We are working on changes to our collection services that may include the provision of wheelie bins to all residents in the future.
  
  Residents that have wheelie bins are still required to purchase their own refuse sacks.

• Will I get a rebate on my Council Tax?
  No. SBDC collects council tax on behalf of many other bodies including the police, fire and Buckinghamshire County Council. Just £43.50 of your 2011/12 council tax goes towards refuse and recycling services compared to £50.49 of 2010/11 council tax, this reflects the cost saving measures introduced.

• Can I use any colour refuse sack?
  Black refuse sacks are easy for our operatives to see and recognise as refuse, other colours of sacks are used for other types of waste such as clinical. Some supermarkets sell white refuse sacks that are acceptable but small bin liners or carrier bags are not. Refuse sacks must be strong enough to carry from your property and thrown into the collection vehicle.

• Where should I get refuse sacks from?
  Refuse sacks can be purchased at any supermarket, most local shops and online.
  
  Please buy large strong refuse sacks not small bin liners or carrier bags. For guidance the specifications of black sacks previously supplied were Size 400 x 740 x 990mm
  
  Please ensure:
  
  • Refuse sacks are properly tied. This will ensure we can pick up the sack and prevent animals foraging and refuse escaping.
  • Refuse sacks are a reasonable weight. Sacks that are too heavy can split and may be too heavy to lift into the collection vehicle; if our crews are unable to lift a bag safely they will not collect it. 
  • All refuse and recycling is presented at the property boundary by 7am on the morning of collection and no earlier than the night before.