Dispute between county and operator over type of waste sent to plant heads to TCC

A dispute over what sort of waste is being sent to a plant in Basildon could see Essex County Council and operator Urbaser Balfour Beatty (UBB) head to the Technology and Construction Court in April unless a settlement can be reached.

Essex is seeking to establish whether the mechanical biological treatment plant could handle organic waste in a dispute about whether the correct fuels are being delivered to it.

Essex and UBB entered an £800m, 25-year PFI contract to build the plant in 2012.

It was intended that operations would start in 2015 but the facility is still being tested and Essex has said that UBB has not carried out the relevant tests, while UBB has claimed that incorrect materials have been delivered.

The council has argued that if acceptance tests are not completed by the due date it could terminate the contract.

Essex’s statement of accounts for 2017-18 said the two sides were “utilising the appropriate contractual mechanisms to resolve these issues… Matters where no agreement has been reached have been referred to the courts for consideration and to determine an outcome”.

An Essex spokesperson said: “We do not currently anticipate making any changes to the way in which green waste from recycling centres for household waste is treated. We are merely seeking the waste planning authority’s confirmation that the facility could treat this waste, should this be required. 

“There will be no change to the way in which waste is currently collected in Essex.”