From: Peter Silverman [mailto:email@example.com]
Sent: 15 October 2010 10:44
To: ‘Nugent, Aran’
Subject: Section 91 Environmental Protection Act 1990 Notice – M40 Slip Roads – Some questions
Mr Nugent thank you for your e-mails of 12th Oct and the attached letter of the same date which I found most helpful.
I am pleased that following my warning notice your contractor’s contractor has now updated their cleaning procedures.
However, I note you make no specific undertaking to clean the slip roads referred to in the warning notice within a set time frame and I reserve the right to go ahead with a complaint to the Magistrates’ Court for a Litter Abatement Order without further notice as and when I feel it would be appropriate..
I have a number of question arising from your letter.
1. Have you /your contractors carried out any clean-ups of the slip roads as a result of my warning notice or are any planned in the next month, if so when?
2. I understand that routine maintenance of slip roads and central reservations normally takes place once a year when the grass is cut and white lines are renewed etc. Is this correct?
3. You refer to the Litter Code of Practice’s times to clear litter from the motorway as “28 days or as soon as reasonably practicable”. Do you regard this as meaning you can take longer than 28 days if it is not reasonably practical to clean within 28 days?
4. You say the J 1 slip roads have to be closed for cleaning as there are no hard shoulders. However these slip roads have two lanes. Why cannot one lane be closed off and the litter cleared from the adjacent verge, and later the process repeated for the other lane/ verge? In this way the slip road would remain open for traffic.
5. You say the litter was cleared in July. (a) Were the verges on both sides of all of the 4 slip roads cleaned? (b) Was this at the same time as a routine maintenance? (c) Were the slip roads closed and were Temporary Traffic Regulation Order(s) obtained?
6. Was the offside verge of the “on” slip road to London included in the July clean up? If so, what date in July was it cleaned? Was the slip road closed? If so, was a Temporary Traffic Regulation Order obtained?
Carillion New Litter Clearance Procedure dated 04/10/2010
Thank you for sending me a copy. I note that it replaces a similar document dated 26/04/10.
7. Were these documents and procedures approved by the Highways Authority?
8. How does the HA supervise and monitor the performance of the contractors (Carillion and UK Highways M40) as regards cleaning?
9. What reports/logs/documents does the HA routinely receive from the contactors, or its own staff, with regard to the cleanliness of the M40 and the performance and activities of the contractors? Please let me have a sample copy of each.
I am sorry to put you to more trouble and look forward to hearing from you. Please reply by e-mail if possible.