Regulation 19 Penalties: exceeding allowancesI1

The penalty to which a district council is liable under section 9(2) of the Act is the excess landfill for that district council multiplied by F1£150.

For the purposes of paragraph (1) “excess landfill” means, for a scheme year, the amount in tonnes by which F2biodegradable local authority collected municipal waste sent to landfills by the district council, as calculated under regulation 13(1)(a), exceeds the landfill allowances available to the district council.

The supplementary penalty (“SP”) to which a district council is liable under section 9(3) of the Act must be calculated according to the following formula –

where for the target year –

• F is the amount of any fine imposed on the United Kingdom F3in respect of the United Kingdom’s obligations under Article 5(2) of Council Directive 99/31/EC on the landfill of waste F4as last amended by Directive (EU) 2018/850,

• T1 is the amount in tonnes by which F5biodegradable local authority collected municipal waste sent to landfills by the district council, as calculated under regulation 13(1)(a), exceeds the landfill allowances available to the district council, and

• T2 is the amount in tonnes by which biodegradable local authority collected municipal waste sent to landfills in the United Kingdom exceeds the maximum amount specified under section 1(1)(a) of the Act.

The supplementary penalty (“SP”) to which a district council is liable under section 9(4) of the Act must be calculated according to the following formula –

where –

• F is, for the scheme year, the amount of any fine imposed on the United Kingdom F6in respect of the United Kingdom’s obligations under Article 5(2) of Council Directive 99/31/EC on the landfill of waste F7as last amended by Directive (EU) 2018/850,

• T1 is, for the scheme year, the amount in tonnes by which F8biodegradable local authority collected municipal waste sent to landfills by the district council, as calculated under regulation 13(1)(a), exceeds the landfill allowances available to the district council, and

• T2 is the amount in tonnes by which biodegradable local authority collected municipal waste sent to landfills in the United Kingdom in the scheme year exceeds the maximum amount specified under section 1(1)(a) of the Act in respect of the last target year before the scheme year.