From: Nugent, Aran [mailto:]
Sent: 02 March 2010 11:17
To: ‘Peter Silverman’
Subject: RE: M40 / UKH / Cleaning

Dear Mr Silverman

I telephoned this morning and left a message on your voicemail but I am also responding in writing.  I agree that the SoS is not “Principle Litter Authority” as defined by the EPA but as the relevant Highway Authority for Special Roads (motorways), the Highways Agency, on behalf of the SoS, has responsibilities for litter clearance aligned with those of a Principle Litter Authority as specified in the EPA.

UK Highways act in accordance with the relevant Code of Practice for Litter and Refuse and clear litter from the M40 when the need arises. UK Highways identify the need to clear litter through routine inspections, acting on notifications from the Highways Agency’s Traffic Officer Service or members of the public.

We monitor performance exceptionally by following through notifications from our stakeholders.  As the Code of Practice for Litter and Refuse does not define the frequency with which litter should be cleared, there are no schedules available.  The Highways Agency has a daily presence on the network via our Traffic Officer Service who will notify UK Highways of increasing volumes of litter.

I attach an extract from our Contract with UK Highways which states that the Secretary of State has discharged its duties under the EPA to the DBFO Company, UK Highways.

The M40 has experienced an increase in litter over the past 12 months since the opening of the new Motorway Service Area at M40 Junction 2 Beaconsfield.  The Highways Agency and UK Highways attended the new Motorway Service Area on 04 August 2009 to promote the Agency’s ”Bag It Bin It” campaign.  The campaign encouraged the public to carry a litter bag in their vehicle to collect their rubbish until it could be safely disposed of.  To get the message across, we distributed biodegradable and recyclable paper litter bags.  I attach a press release for your information.

The Highways Agency is an executive Agency of the Department for Transport. The Highways Agency is responsible for the management and operation of motorways and trunk roads in England.

Please visit our website for more information http://www.highways.gov.uk/roads/1500.aspx.

Regards

Aran Nugent, Department’s Representative
Highways Agency | Woodlands | | Bedford | MK41 7LW
Tel: + | Fax: | Mobile: +
Web: http://www.highways.gov.uk
GTN:

Safe roads, Reliable journeys, Informed travellers
Highways Agency, an Executive Agency of the Department for Transport.

Extract from Contract with UK Highways:

27.6 Litter Authority

27.6.1 If and so long as required by the Secretary of State by notice to do so, the DBFO Co shall discharge in respect of the Project Road (or any part thereof specified by the Secretary of State) the duties of the Secretary of State under Sections 89(1) and 89(2) of the Environmental Protection Act 1990. In discharging those duties, the DBFO Co shall have regard to any codes of practice in force under Section 89(7) of such Act from time to time.

27.6.2 For the avoidance of doubt, in respect of any period during which all or any part of the Project Road is not the subject of a notice given by the Secretary of State pursuant to Clause 27.6.1, the DBFO Co shall procure access for the Relevant Authority in accordance with Clause 12.4.2 to discharge the duties under Sections 89(1) and 89(2) of the Environmental Protection Act 1990.