URL: https://democracy.kent.gov.uk/ieDecisionDetails.aspx?ID=3032

Decision Maker: Cabinet Member for Environment

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: Proposed decision:   (a)  APPROVE the procurement and contract award of a paper and card waste processing contract for an initial 5 years (plus an extension of up to 2 years);   (b)  DELEGATE authority to the Director of Environment and Circular Economy to take relevant actions to facilitate the required procurement activity;   (c)  DELEGATE authority to the Director of Environment and Circular Economy, in consultation with the Cabinet Member for Environment, to take relevant actions including but not limited to awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision; and   (d)  DELEGATE authority to the Director of Environment and Circular Economy, in consultation with the Cabinet Member for Environment, to award extensions of the contract in accordance with the relevant clauses within the contract.   Reason for the decision KCC currently has in place contractual arrangements that are due to expire 30th November 2026, and therefore is seeking new contractual arrangements from 1st December 2026, for the processing of paper and card waste currently collected by the Waste Collection Authorities and at the Household Waste Recycling Centres (HWRCs) across Kent.   Background -      As the Waste Disposal Authority, KCC has a statutory responsibility for the processing of paper and card waste collected by Borough and District Councils (known as the Waste Collection Authorities) from households at the kerbside, and from deposits by residents at HWRCs across the County. -      Existing contracts are due to expire on 30th November 2026, and this procurement seeks to establish new countywide contractual arrangements from 1st December 2026. A lead-in time is necessary to allow for the development of a detailed and fit-for-purpose service specification, negotiations and mobilisation, as well as to ensure all internal governance and approval processes are completed ahead of issuing the full tender.   -      The commission will be offered as a single County-wide contract and procured via a competitive procurement process under the Procurement Act 2023 and will include the provision for managing circa 30,000 tonnes per annum. -      The contract will be for an initial period of 5 years, with an option to extend up to a further 2 years. This timeframe is intended to ensure a reliable and consistent statutory service during the Local Government Reorganisation transition period. -      The extension will be considered based on performance and value for money, in accordance with "Securing Kent’s Future" and will be assessed through a benchmarking exercise conducted 18 months before the extension clause is activated. -      The contract will ensure that providers adhere to environmental legislation, permitting requirements and best practice is delivered.   Options (other options considered but discarded)   -      Option 1 - Do nothing – the current arrangements will cease and KCC will be unable to accept the waste - this is not an option due to KCC’s obligation to receive this material under waste legislation and dispose of it as per the Environmental Protection Act 1990.   -      Option 2 - Continue to accept the waste but utilise alternative disposal options by using landfill or incineration - This is not a viable option. KCC has a legal obligation to manage waste in accordance with the waste hierarchy, which prioritises recycling over disposal. Sending paper and card to landfill or incineration would not only undermine the Council’s recycling and landfill diversion targets but would also result in a significant financial burden.   -      Option 3 - Extend for a further period - This is not legally possible as the paper and card contract has been extended within the parameters of the existing contracts.    -      Option 4 – The Recommended Option: Commence a full procurement exercise. This is the preferred option and provides sufficient time to undertake a full commissioning exercise before 1st December 2026, and to secure a provider who can treat and utilise the waste material meeting the circular economy desired outcomes.   How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026 ·         This decision aligns to Priority 3: Environmental step change: Continue to work with our commissioning partners to create the infrastructure and jobs that enable us to reprocess waste materials and produce energy within the county, in order to maintain a closed loop local economy. How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf ·         This decision is compliant with the Strategic Statement and supports the delivery of Securing Kent’s Future: Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2026/27 budget and Medium Term Financial Plan: Contract Review and delivery of best value.   Legal Implications     -      A key function of the Waste Disposal Authority operating under the Environmental Protection Act 1990, Section 51 states that it shall be the duty of each Waste Disposal Authority to arrange:- a)    for the disposal of the controlled waste collected in its area by the waste collection authorities; b)    for places to be provided at which persons resident in its area may deposit their household waste and for the disposal of waste so deposited.   -      The Waste Framework Directive (2008/98/EC) sets the basic concepts and definitions related to waste management, including the principles of the waste hierarchy. It requires Councils to take measures to encourage the separation and recycling of waste. -      The Circular Economy Package includes several directives aimed at promoting recycling and reducing landfill usage (Note: KCC currently at less than 1%). It sets targets for recycling rates and requires Councils to implement measures to achieve these targets. -      Simpler Recycling legislation requires all local authorities in England to collect paper and card as a separate recyclable waste stream from all households, albeit the legislation does allow for co-mingled collections with other dry recyclables, starting from March 31st, 2026. -      Due to the forthcoming Local Government Reorganisation, it is anticipated that the contract will be novated to the successor authority or authorities, depending on how the new governance structures are established.  

Content: Proposed decision:   (a)  APPROVE the procurement and contract award of a paper and card waste processing contract for an initial 5 years (plus an extension of up to 2 years);   (b)  DELEGATE authority to the Director of Environment and Circular Economy to take relevant actions to facilitate the required procurement activity;   (c)  DELEGATE authority to the Director of Environment and Circular Economy, in consultation with the Cabinet Member for Environment, to take relevant actions including but not limited to awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision; and   (d)  DELEGATE authority to the Director of Environment and Circular Economy, in consultation with the Cabinet Member for Environment, to award extensions of the contract in accordance with the relevant clauses within the contract.   Reason for the decision KCC currently has in place contractual arrangements that are due to expire 30th November 2026, and therefore is seeking new contractual arrangements from 1st December 2026, for the processing of paper and card waste currently collected by the Waste Collection Authorities and at the Household Waste Recycling Centres (HWRCs) across Kent.   Background -      As the Waste Disposal Authority, KCC has a statutory responsibility for the processing of paper and card waste collected by Borough and District Councils (known as the Waste Collection Authorities) from households at the kerbside, and from deposits by residents at HWRCs across the County. -      Existing contracts are due to expire on 30th November 2026, and this procurement seeks to establish new countywide contractual arrangements from 1st December 2026. A lead-in time is necessary to allow for the development of a detailed and fit-for-purpose service specification, negotiations and mobilisation, as well as to ensure all internal governance and approval processes are completed ahead of issuing the full tender.   -      The commission will be offered as a single County-wide contract and procured via a competitive procurement process under the Procurement Act 2023 and will include the provision for managing circa 30,000 tonnes per annum. -      The contract will be for an initial period of 5 years, with an option to extend up to a further 2 years. This timeframe is intended to ensure a reliable and consistent statutory service during the Local Government Reorganisation transition period. -      The extension will be considered based on performance and value for money, in accordance with "Securing Kent’s Future" and will be assessed through a benchmarking exercise conducted 18 months before the extension clause is activated. -      The contract will ensure that providers adhere to environmental legislation, permitting requirements and best practice is delivered.   Options (other options considered but discarded)   -      Option 1 - Do nothing – the current arrangements will cease and KCC will be unable to accept the waste - this is not an option due to KCC’s obligation to receive this material under waste legislation and dispose of it as per the Environmental Protection Act 1990.   -      Option 2 - Continue to accept the waste but utilise alternative disposal options by using landfill or incineration - This is not a viable option. KCC has a legal obligation to manage waste in accordance with the waste hierarchy, which prioritises recycling over disposal. Sending paper and card to landfill or incineration would not only undermine the Council’s recycling and landfill diversion targets but would also result in a significant financial burden.   -      Option 3 - Extend for a further period - This is not legally possible as the paper and card contract has been extended within the parameters of the existing contracts.    -      Option 4 – The Recommended Option: Commence a full procurement exercise. This is the preferred option and provides sufficient time to undertake a full commissioning exercise before 1st December 2026, and to secure a provider who can treat and utilise the waste material meeting the circular economy desired outcomes.   How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026 ·         This decision aligns to Priority 3: Environmental step change: Continue to work with our commissioning partners to create the infrastructure and jobs that enable us to reprocess waste materials and produce energy within the county, in order to maintain a closed loop local economy. How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf ·         This decision is compliant with the Strategic Statement and supports the delivery of Securing Kent’s Future: Objective 2: Delivering savings from identified opportunity areas to set a sustainable 2026/27 budget and Medium Term Financial Plan: Contract Review and delivery of best value.   Legal Implications     -      A key function of the Waste Disposal Authority operating under the Environmental Protection Act 1990, Section 51 states that it shall be the duty of each Waste Disposal Authority to arrange:- a)    for the disposal of the controlled waste collected in its area by the waste collection authorities; b)    for places to be provided at which persons resident in its area may deposit their household waste and for the disposal of waste so deposited.   -      The Waste Framework Directive (2008/98/EC) sets the basic concepts and definitions related to waste management, including the principles of the waste hierarchy. It requires Councils to take measures to encourage the separation and recycling of waste. -      The Circular Economy Package includes several directives aimed at promoting recycling and reducing landfill usage (Note: KCC currently at less than 1%). It sets targets for recycling rates and requires Councils to implement measures to achieve these targets. -      Simpler Recycling legislation requires all local authorities in England to collect paper and card as a separate recyclable waste stream from all households, albeit the legislation does allow for co-mingled collections with other dry recyclables, starting from March 31st, 2026. -      Due to the forthcoming Local Government Reorganisation, it is anticipated that the contract will be novated to the successor authority or authorities, depending on how the new governance structures are established.   As Cabinet Member for Environment I agree to:   APPROVE the procurement and contract award of a paper and card recycling contract for an initial 5 years (plus an extension of up to 2 years);   DELEGATE authority to the Director of Environment and Circular Economy to take relevant actions to facilitate the required procurement activity;   DELEGATE authority to the Director of Environment and Circular Economy, in consultation with the Cabinet Member for Environment, to take relevant actions including but not limited to awarding, finalising the terms of and entering into the relevant contracts or other legal agreements, as necessary, to implement the decision; and   DELEGATE authority to the Director of Environment and Circular Economy, in consultation with the Cabinet Member for Environment, to award extensions of the contract in accordance with the relevant clauses within the contract        

Date of Decision: October 6, 2025