FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

                                                           

Wirral Council Environmental Streetscene Services Contract page 122 Schedule 2 - Nominees to the Partnering Agreements

Yesterday, Wirral Council responded to a Freedom of Information Act request I made last month for minutes of the meetings of the Partnering Board (which comprises of Wirral Council and Biffa Waste Services Limited) for the last year.

The minutes of the Partnering Board meetings of the 10th March 2015, 18th December 2014, 21st October 2014 and 14th July 2014 contain some interesting information.

Below are extracts from the minutes that hopefully will be of wider public/political interest starting with the meeting held on the 14th July 2014. I have submitted an internal review request to Wirral Council for the minutes without the names of Wirral Council employees redacted. RE stands for Roger Edwards, FPN stands for fixed penalty notices, MS stands for Mark Smith, Cllr BM for Councillor Bernie Mooney and VO stands for variation order.

2. ANNUAL REVIEW
….
Noted garden waste has now exceeded last year’s figure and hope to get to 40,000 properties. RE queried about incentives for signing up however XX noted we have to be very careful as the £5 reduction online has raised objections by some residents and opposition members and that XX is exploring alternative cost effective payment mechanisms. However, XX advised we can market to people who signed up last year who have not signed up this year and there are around 3,000 who have not re-signed.

Street Cleansing
….
The Entry Investigation Team has been introduced and 28 FPNs have been issued as a result of this.

7. AOB

Possible Industrial Action Update
RE updated that Biffa offered pay settlement to the workforce of 1.8% in line with RPI – the request from the workforce was 6%. RE advised the workforce have decided to ballot for industrial action before any decision made. RE is working hard to resolve this situation. The industrial action is planned for Fri 18 July.

There are parts of the minutes of the meeting held on the 21st October 2014 that will be of wider interest too:

Managing Down Demand – Missed Collections

XX have been looking at all the missed bin calls we had in for 2010-14 and the breakdown of unjustified (which was about half) to give an idea of the proportion of calls coming in. The 3 main reasons for unjustified bins are: bin not out, entry work and access issues. Disputes occur where resident is told the PDA said bin not out and they disagree. XX wants to look at the dispute figures and drill down i.e. is it the resident at fault, is it the crew not using the PDA properly etc. When a resident does not agree with PDA data this causes a lot of work in the back office. There could be an education issue here reminding residents that 7am is the time rounds start and the crews can come to roads at different times each week.

If we do some re-training around contamination to show the importance of the PDA and show the impact of not using the PDA correctly that should be beneficial. RE noted if we do not have confidence in the PDA data then everything else becomes difficult.”


Alleyway Dumping

XX advised had over 600 referrals for the Waste Investigate Unit (WIU) and issued 168 FPNs to mainly the Seacombe/Birkenhead areas. XX noted we need to do some work around where issuing the FPNs. 5 court cases regarding litter have gone well with the offenders being fined and this information is on the Council website. XX hoping to do full leaflet drop to relevant properties to say what we are doing and what success we have had. Currently drafting up a second leaflet to get out before Christmas to all terraced properties to highlight the good work we have been doing.

XX noted some new anti-social behaviour laws which are coming out and she is looking if we can go down this route with landlords. XX going to be looking at the licensing scheme and if we can make that work for us by adding in further conditions (Selective Licensing scheme). MS noted when speak to Senior Members of the Council enforcement is now an issue they are behind it. Noted 260 good neighbourhood packs have gone out to a variety of areas.”

From the meeting held on the 18th December 2014:

Alleyway Dumping

XX advised the Waste Investigation Unit are doing a fantastic job. XX noted an incident where a disgruntled member of the public, because of his threatening behavior, was issued with an ASBO. Main issue is the Courts are only letting us take 5 cases a week. Legal services need to approach the courts to get more time to hear more cases. XX plans to do another leaflet drop after Christmas to highlight to the public the financial costs of failing to manage their waste responsibly, or through ignoring fixed penalty charges. XX next steps are to meet the selective licensing team. Birkenhead and Seacombe have been identified as a selective licensing areas which means we can prescribe to landlords what they must do re bins and as Birkenhead and Seacombe are where the most is, it is hoped this will have a significant impact over time.”

Transparency Code

The code is about being more transparent about what we publish for the public to see and waste collection is one of the things requiring more details including publishing a version of the contract. XX are going to look at refreshing the contract, redacting certain bits and then send to Biffa to consider. Agreed a good idea would be a half day session with both parties to look at updating and modernizing the contract.”

Finally from the meeting held on the 10th March 2015.

Action Log

50 Street Cleansing Transitional Money

MS advised there is £116,000 available. XX is currently working on a briefing note recommending how that money could be used. MS has the authority to spend this money however he would get endorsement from Cllr BM first.

64 Benchmarking Data

XX advised some of the information required is deemed as commercially sensitive and there is a strong reluctance to share this information at the moment. MS felt we do need to be getting to a stage where we have the mechanism in place to demonstrate value for money from this contract. XX also safeguard the financial position of Biffa. XX to send through further details to XX & SC showing exactly what it is we are looking for.

67. Contract under the Transparency Code

XX has started this piece of work. By the end of April we have to publish the contract on Council website. XX noted his intention to incorporate the VOs and XX send to Biffa to redact the finance. XX commented that there are inaccuracies in the contract in relation to execution on the ground but nothing of serious concern. MS noted as we are signing off a significant VO if there are any anomalies we need to resolve them before we publish.

CONTRACT PERFORMANCE OVERVIEW

SC queried whether there had been any thought about the garden waste service passing to Biffa? MS advised if Biffa want to put an offer to the Council formally they were welcome to.

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78 more pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited

78 more pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited

78 more pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited

                      

Last month I published the first 168 pages of Wirral Council’s contract with Biffa Waste Services Limited.

Below are the next 78 pages which are method statements supplied by Biffa which state how they will do the various parts of the contract.

Wirral Council Environmental Streetscene Services Contract page 45 Method Statement 16 Health and Safety
Wirral Council Environmental Streetscene Services Contract page 45 Method Statement 16 Health and Safety

Continue reading “78 more pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited”

168 pages of Wirral Council's Environmental Streetscene Services contract with Biffa Waste Services Limited

168 pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited

168 pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited

                                                                 

Below are the first 168 pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited. It’s not the complete contract which runs to many more hundreds of pages. The contract is for collecting rubbish from households on the Wirral and other services such as removing litter from the streets.

The end date for the contract was extended from 2017 to 2027 by Wirral Council’s Cabinet in December 2014. It’s important to read section 7 of the contract with this variation order which changes (from July 2013) the frequency of street cleansing as the frequencies for street cleansing were changed. Pages 89 to 101 of this contract have been previously published on this blog. Wirral Council have stated they will publish the full contract by May 2015.

Pricing information on certain pages wasn’t provided by Wirral Council on grounds of commercial confidentiality. The pages that fall into this category are page 109 of 164 (8.14 Schedule 2A – Waste & Recycling (Alternate Weekly Residual Collection), page 111 of 164 (8.16 Waste and Recycling Daywork Rates), Page 112 of 164 (8.17 Schedule 3A – Street Cleansing) and page 116 of 164 (Street Cleansing Daywork Rates) and page 117 of 164 (Cost Summary).

If you’ve arrived at this page trying to determine what day your bin will be collected, simply enter your street name on this page on Wirral Council’s website to find out.

Continue reading “168 pages of Wirral Council's Environmental Streetscene Services contract with Biffa Waste Services Limited”

Ever wondered what pages 89-101 of Wirral Council's contract with Biffa for street cleansing states?

Ever wondered what pages 89-101 of Wirral Council’s contract with Biffa for street cleansing states?

Ever wondered what pages 89-101 of Wirral Council’s contract with Biffa for street cleansing states?

Biffa Waste Service Limited January 2014 Invoice Wirral Council £1032201.28
Biffa Waste Service Limited January 2014 Invoice Wirral Council £1032201.28

As the issue of Wirral Council’s/Biffa’s response to flytipping (an issue as common to politics as leaves falling from trees at this time of year) has come up again (see above), I familiarised myself with the manual handling procedures and retrieved the Biffa contract from our archive. The whole contract is marked confidential and is currently being renegotiated with Biffa around the issue of a 7 year extension. The whole contract will be published by Wirral Council by the end of the year (as it’s a new legal requirement on them). Below is an excerpt from part of it.

This is the bits on flytipping in the “Environmental Streetscene Services Contract Waste, Recycling and Street Cleansing Services 2006-2020 (2027)”:

The Street Cleansing specifications are pages 89 to 101. Page 116 is Street Cleansing Daywork Rates (this page of the contract was deliberately erased on the copy supplied to me as part of the audit).

I have included pages 89 to 102 below. However parts of erased page 116 have been reproduced in public papers for the Birkenhead Constituency Committee meetings. I’m not entirely sure where in a ~1000 or so page contract that schedules 3A and 3B refer to, but 3A & 3B also relate to the street cleansing specification. There may be the odd typographical error as I typed this up, however there are also typographical errors as part of the contract which I have reproduced as written.

Page 89

Metropolitan Borough of Wirral
Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

7.1 Street Cleansing Specification
7.1 General Description of Services

7.1.1 The Council requires the highest possible standard of Street Cleansing throughout the Borough. The standards to be achieved by the Contractor are specified and are in line with the standard required by the Environmental Protection Act 1990 (hereafter known as The Act) and in particular the Code of Practice on Litter and Refuse (CoPLR) as it applies to the zone classifications of every Location throughout the Borough.

7.1.2 The Contractor should not rely upon any assistance being given by any other organisation to keep the Borough free of all Litter.

7.1.3 The Contractor shall provide for:

7.1.3.1 Removal of all Litter, bulky items, hazardous Waste and other specified materials from every Location specified, irrespective of size or type of material and irrespective of how the material arrived at the Location;

7.1.3.2 Clearance of leaf, blossom and fruit fall from every Location specified;

7.1.3.3 The clearance and disposal of all weeds and moss from all hard areas as requested by the Authorised Officer, shall form part of the normal Street Cleansing work.

7.1.3.4 Collection of other categories of Waste including flytipping, dead animals and other items from any Location, public spaces, highways, lay-bys, Roadside verges, watercoueses, etc. as instructed by the Authorised Officer.

7.1.3.5 Collection of Waste from other Cleansing activities as required at fairs, markets, and any other public or special events;

7.1.3.6 Clearance of sand and tidal debris;

7.1.3.7 Cleansing of rear passages and Entries;

7.1.3.8 Cleansing of car parks;

7.1.3.9 Cleansing of promenades, embankments, revetments, associated areas;

7.1.3.10 Emptying of Litter bins as specified;

7.1.3.11 Removal of graffiti and flyposters (Provisional Item);

7.1.3.12 Provision of a Rapid Response Service (Provisional Item);

7.1.3.13 Removal of abandoned shopping trolleys (Provisional Item);

7.1.3.14 Street washing in specified areas (Provisional Item);

7.1.3.15 Gritting of zone 1 town centre Locations (Provisional Item);

7.2 Hours of Operation

7.2.1 In zone 2, zone 3 and zone 4 areas normal daily Cleansing Services may take place from Monday to Sunday inclusive and should not normally commence prior to 0600 hours and not normally continue after 2000 hours in order to avoid nuisance and complaint. However, it is recognised that works outside these hours may be required to satisfy the requirements of the Code of Practice on Litter and Refuse or the requirements of certain Services. The Contractor should request written approval from the Authorised Officer prior to commencing Cleansing Services between the hours of 2000 hours and 0600 hours.

7.2.2 In zone 1 areas normal daily Cleansing Services many take place from Monday to Sunday inclusive. There are no specified core Service hours for zone 1 areas.

7.2.3 The Contractor should be aware that Mechanical Sweeping should not be undertaken in some residential areas at times that will cause reduction in amenity, statutory nuisance or complaint.

7.2.4 The Contractor must note the opening hours of the Waste disposal Sites could be a constraint on his operations and he must ascertain from the Waste Disposal Authority when the facilities are open. If the Contractor wants to operate outside these hours then he shall make arrangements with the Waste

Page 89 of 164

Metropolitan Borough of Wirral
Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

Disposal Authority and be responsible for any additional special charges made by the Authority in complying with the Contractors’ request.

7.3 Bank and Public Holidays

7.3.1 Bank and public holidays may be treated as normal working days.

7.3.2 The Contractor shall provide the Service 364 days per year, the only exception being Christmas Day.

7.4 Area Zoning

7.4.1 The whole Borough has been zoned in accordance with the Code of Practice on Litter and Refuse and can be described as follows:

7.4.1.1 Zone 1 – Town centres, shopping centres, shopping Streets, major transport centres, central car parks and Locations adjacent to these (e.g. footways, highways, passageways, etc);

7.4.1.2 Zone 2 – High density residential area, suburban car parks and transport centres;

7.4.1.3 Zone 3 – Low density residential areas, other transport centres and areas of industrial estates;

7.4.1.4 Zone 4 – All other areas.

7.5 Cleansing Standards

7.5.1 The Code of Practice on Litter and Refuse prescribes four standards of cleanliness:

7.5.1.1 No Litter or refuse, known as grade A;

7.5.1.2 Predominantly free of Litter and refuse apart from small items, known as grade B;

7.5.1.3 Widespread distribution of Litter and refuse with minor accumulations, known as grade C;

7.5.1.4 Heavily Littered with accumulations, known as grade D.

7.5.2 Grade A shall be achieved by the Contractor after Cleansing and shall conform to the photographic standard contained within Appendix 9.9.3 and contained in the CoPLR.

7.6 Minimum Cleansing Frequencies

7.6.1 The minimum Cleansing frequencies required by the Council at each location shall be in accordance with that outlined below and the appropriate zoning allocation.

Zone Frequency
Manual Mechanical
1 Daily Weekly
2 Weekly Fortnightly
3 Monthly Monthly
4 Monthly Quarterly

7.6.2 It is recognised that these frequencies may be insufficient to maintain the output standard described in the Code of Practice for Litter and Refuse (COPLR) and the Contractor will be required to assess for himself the actual frequencies he proposes to adopt for all Locations throughout the district.

7.7 Carriageway Sweeping

7.7.1 Road Channels and the adjoining carriageway on each side of the Road and car parks shall be thoroughly swept and de-Littered at the minimum frequencies stated, or as otherwise directed by the Authorised Officer in accordance with the Act.

7.7.2 No additional payment will be made for hand sweeping at the heads of cul-de-sacs, traffic islands or other areas and the Contractor shall include for this work within the tender.

7.7.3 Pedestrian refuges and similar features may require additional manual sweeping. Manual sweeping shall be done concurrently with the sweeping operation to the standards set out in the COPLR, or as

Page 90 of 164

Metropolitan Borough of Wirral
Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

otherwise directed by the Authorised Officer. The areas shall be thoroughly Cleansed to ensure all litter, detritus and vegetation is removed and the area is left clean. No additional payment will be made for this work and the Contractor shall include for this work within the tender.

7.7.4 The minimum frequencies stated do not replace the requirement for the Contractor to achieve the standards required under the COPLR and the Contractor will be required to alter frequencies and provide additional resources to ensure these standards are met.

7.8 Footway Sweeping

7.8.1 All areas designated for footway sweeping shall be throughly swept and de-Littered at the minimum frequencies stated, or as otherwise directed by the Authorised Officer in accordance with the Act.

7.8.2 Areas around Street furniture, where it is impossible or impractical for the footway to be mechanically swept, shall be concurrently Cleansed by hand to ensure all litter, detritus and vegetation is removed and the area is left clean. No additional payment will be made for this work and the Contractor shall include for this work within the tender.

7.9 Shopping Areas and Precincts

7.9.1 The main shopping areas in the Borough are located at Birkenhead and Liscard and are listed in the Streets Data File, contained within Appendix SC2, with maps of these areas contained in Appendix 9.9.1. The areas of the covered precincts in Liscard and Birkenhead are privately owned and are Cleansed by others. All other shopping Streets are identified in the Streets Data File.

7.9.2 The Contractor is to include for the Daily Cleansing of all surface areas within and around shopping areas, frontage to frontage, incorporating all features such as furniture, shrub beds, grass areas, hard surfaces, passageways, pathways, drainage slots and channels, Service Roads, delivery bays and Walkways, etc.

7.9.3 All drainage channels and gratings, etc., shall be kept cleared of Litter, sludge and debris.

7.10 Inner Area Cleansing

7.10.1 The Inner Area of the Borough is delineated on the map contained within Appendix 9.9.4 The area comprises part or all of the districts of New Brighton, Liscard, Egremont, Seacombe and the Birkenhead areas of North End, Central, Tranmere and Rock Ferry together with part of New Ferry.

7.10.2 The Contractors attention is drawn to the prob