In this Agreement, unless the context otherwise requires, the following terms shall have the meanings given to them below:
means this service level agreement (including its schedules); | |
waste authorities have a duty placed on them as best value authorities by section 3 of the Local Government Act 1999 "to make arrangements to secure continuous improvements in the way they exercise their functions having regard to a combination of economy, efficiency and effectiveness"; | |
means a day (other than a Saturday or Sunday) on which banks are open for domestic business in the City of London; | |
means the date of this Agreement; | |
means as defined under Section 75(7) Environmental Protection Act 1990; | |
means the controlled biological decomposition and stabilisation of organic substrates, under conditions that are predominately aerobic and that allow the development of thermophilic temperatures as a result of biologically produced heat which results in a final product that has been sanitised and stabilised, is high in humic substances and can be used as a soil improver, as an ingredient in growing media or blended to produce a top soil that will meet British Standard BS 3882, incorporating amendment No 1 or in the case of vermicomposting the thermophilic temperatures can be foregone at the point the worms are introduced and "Composting" (or any other derivative of the term) shall be construed accordingly; | |
means information that ought to be considered as confidential (however it is conveyed or on whatever media it is stored), and may include information whose disclosure would, or would be likely to, prejudice the commercial interests of any person, trade secrets, intellectual property rights and know-how of either Party and all personal data and sensitive personal data within the meaning of the Data Protection Act 1988; | |
means a contingent Delivery Point meeting the Delivery Point Standards and located within a reasonable distance of each WCA; | |
means all Municipal Waste which the PFI Contractor is required to accept and treat on behalf of the Authority under the Project Agreement; | |
means a facility, site or transfer station, which is licensed to receive Waste, which meets the Delivery Point Standards and which may comprise a facility within the Facility, as further described in Schedule 9 to this Agreement; | |
means [ ]; | |
means a direction made by the WDA under section 51(4) of the EPA, in which the WDA directs the WCAs to deliver Waste to a Delivery Point, or in respect of recycling, or the separation of Waste; | |
means the procedure for the resolution of disputes set out at clause 25; | |
means the Data Protection Act 1998; | |
means the Environmental Protection Act 1990; | |
means the date which is defined in the Project Agreement as the 'Expiry Date' and 'Expiry' shall be construed accordingly; | |
means a new facility for the treatment and disposal of Residual Waste, which the WDA will procure as part of the Project Agreement; | |
means biodegradable waste derived from food materials. It typically consists of vegetable peelings, meat scraps, excess or spoiled prepared food, and other discards from domestic kitchens; | |
means biodegradable waste such as vegetation and plant matter (includes the yard trimmings, leaves, shrubs, plants, grass, street trees, or tree trunks, park trees or tree trunks etc) from household gardens, local authority parks and gardens, and commercial landscape gardens; | |
means any applicable guidance or directions provided by the Authority and which the PFI Contractor is required to comply with or have regard to; | |
has the meaning attributed to it in Section 75(5) and Section 89 of the EPA and Schedules 1 and 2 of the Controlled Waste Regulations; | |
means a household waste recycling centre; | |
means as defined under Section 75(6) Environmental Protection Act 1990; | |
(a) for the purposes of [BMW Landfill Diversion] has the meaning given to it in Waste Emissions Trading Act 2003; and (b) for the purposes of Landfill Tax has the meaning attributed to it by Section 65(1) of the Finance Act 1996; and "Landfilled" and "Landfilling" shall be interpreted accordingly; | |
has the meaning set out in Section 39(1) of the Finance Act 1996; | |
means the scheme implemented by the Government pursuant to the Waste and Emissions Trading Act 2003; | |
means: (a) any Act of Parliament or subordinate legislation within the meaning of Section 21(1) of the Interpretation Act 1978; (b) any exercise of the Royal Prerogative; and (c) any enforceable community right within the meaning of Section 2 of the European Communities Act 1972, in each case in the United Kingdom; | |
means an agreement that contains (among other matters) mandatory outcomes in respect of municipal waste recycling and landfill diversion, which is developed by a local authority (all single and upper tier authorities) in agreement with local partners through the Local Strategic Partnership and in agreement with central Government; | |
means municipal solid waste; | |
means all waste which by virtue of Legislation a local authority has a statutory duty or power to collect, including (without limitation) Household Waste, Commercial Waste, fly tips and street cleansing arisings; | |
means the strategic framework for the management of municipal waste, jointly developed and subscribed to by the waste collection authorities and waste disposal authority in an area; | |
means the shared objective of the Parties to secure the most effective collection and disposal of waste in accordance with this Agreement and the Project Agreement; [Authorities to insert any other mutual aims applicable here] | |
means personal data as defined in the DPA which is supplied to the Parties or obtained by the Parties; | |
means a person that has contracted with the Government, a local authority or other public or statutory body to provide services under the PFI; | |
means the Project Agreement to be entered into between the WDA and the PFI Contractor relating to the design, construction and operation of residual waste treatment and disposal facilities; | |
means those plans set out in Schedule 6 to this Agreement; | |
means: (a) the reprocessing of Waste including dry recyclables in a production process for the original purpose, or for other purposes, but excluding Composting, (b) the delivery of Waste to, and acceptance by, a company, individual or organisation which will reprocess, or deliver to a reprocessor, waste that is an acceptable form for inclusion in a process of the kind described in limb (a), or (c) in the case of soil/rubble and ash (from the Facility) only, the disposal of soil/rubble and ash to a final destination that does not attract Landfill Tax. for the avoidance of doubt, Recycling does not include the delivery of Waste to sorting facilities, such as materials reclamation facilities or the clearance of fly tipped Waste or abandoned vehicles The terms Recycle and Recycled shall be construed accordingly; | |
means any materials collected separately or otherwise separated from Municipal Waste for the purposes of Recycling, including the materials below: (a) paper and cardboard; (b) plastics; (c) ferrous and non-ferrous materials; (d) textiles; (e) glass; (f) wood; (g) organic kitchen and garden waste; (h) tyres; (i) waste electrical equipment, or such other materials as shall be agreed in writing between the Parties from time to time; | |
means as section 52 of the Environmental Protection Act 1990 ("EPA 1990") as amended by section 49 of the Clean Neighbourhoods and Environment Act 2005 ("CNEA 2005") and with the Environmental Protection (Waste Recycling Payments) (England) Regulations 2006 (the 2006 Regulations); | |
shall have the meaning set out in the Freedom of Information Act or the Environmental Information Regulations as relevant (where the meaning of "Request" shall apply); | |
means Municipal Waste remaining after the removal of any Recyclable Materials by or on behalf of the WCAs; | |
means the activity described in Clauses 10, 11 and 12; | |
means the procedure for review set out at Clauses 10, 11 and 12; | |
means the body established under Clause 15; | |
means national performance indicators NI 191, NI 192 and NI 193 or any other performance indicators published in Guidance or Legislation as may be issued by CLG, the Audit Commission, Defra or any other competent authority from time to time relating to recovery and recycling (so enshrined following the Waste Strategy for England 2007 issued by the Secretary of State pursuant to the EPA) together with the diversion requirements set out in the 1999 Landfill Directive (99/31/EC) requiring all Local Authorities to divert prescribed amounts of biodegradable municipal waste from Landfill, as enforced by the Waste Emissions and Trading Act 2003; | |
has the meaning ascribed to it in Section 75 of the EPA; | |
means a waste collection authority pursuant to section 30(3) of the EPA, and for the purposes of this Agreement means [ ]; | |
means a waste disposal authority pursuant to section 30(2) of the EPA, and for the purposes of this Agreement means [ ]; and | |
means the Waste Emissions Trading Act 2003, as amended from time to time. |
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2 The legal position is that the WDA is required to meet the additional costs of a WCA if the WDA directs that the WCA deliver its waste to a remote location (i.e. outside the WCA's area). There is no statutory requirement on the WDA to provide such Delivery Points within each WCA's area. The practice varies from area to area. In some areas the WDA chooses to pay the extra transport costs of the WCAs. In other areas the WCAs operate their own collection points, and the WDA pays the PFI contractor to collect the waste from such collection points. In other areas the WDA provides such collection points. Where the main Facility is located in the area of a particular WCA, there would be no need for a delivery point, as the WCA would deliver direct to the Facility. Accordingly, Authorities will need to adapt this provision to their particular circumstances.