Councils to remain ‘free’ to collect recycling commingled

Councils will retain the freedom to collect recyclables from households in a commingled approach under proposed amendments of the UK regulations which implement the revised Waste Framework Directive.

However, commingled collections will only be permitted where separate collecitons are not practical or necessary to meet the material standards required by reprocessors. This will mean that the quality of material collected under commingled schemes will become more important.

The proposed amendments to the Waste (England and Wales) Regulations 2011 were unveiled in a seven-week consultation launched yesterday (February 24) by Defra and the Welsh Government. They focus arounda requirement in the Directive for all EU member states to introduce ‘separate’ collections of glass, paper, plastics and metals by 2015.

The consultation was launched in response to a Judicial Review being brought by seven members of the Campaign for Real Recycling who are unhappy that in the current regulations, commingled collections are treated as separate collection (see letsrecycle.com story). The Campaign is arguing for only kerbside sorting to be allowed. In December 2011, the court adjourned the case for six months to allow Defra time to amend the regulations (see letsrecycle.com story).

Consultation

In the consultation document, Defra acknowledges that co-mingled collection is not the same as separate collection and proposes to remove clause 13(2) of the current Regulations which states: For the avoidance of doubt, co-mingled collection (being the collection together with each other but separately from other waste of waste streams intended for recycling with a view to subsequent separation by type and nature) is a form of separate collection.

However, the Department says that there are inherent difficulties in trying to impose a one-size-fits-all collection system on local authorities and that freedom of choice between commingled and kerbside sort systems is important. It also notes that the quality of material from materials recycling facilities (MRFs) which sort commingled material is considered to have improved and is expected to improve further. It therefore proposes to highlight some caveats whereby separate collections will not be required.

Amongst the provisions in the Revised Waste Framework Directive requiring transposition was Article 11(1) which requires member states to take measures to promote high quality recycling and, to this end, to set up separate collections of waste where technically, environmentally and economically practicable and appropriate to meet the necessary quality standards for the relevant recycling sectors; and to set up separate collection for at least the following: paper, metal, plastic and glass by 2015.

Article 10 (2) of the Directive also states that Where necessary to comply with paragraph 1 and to facilitate or improve recovery, waste shall be collected separately if technically, environmentally and economically practicable and shall not be mixed with other waste or other material with different properties.

To reflect this while still maintaining choice for councils, Defra and the Welsh Government propose to amend Regulation 13.The new proposed regulation would look like this:

Duties in relation to collection of waste

13.(1) This regulation applies from 1st January 2015.

(2) Subject to paragraph (4), an establishment or undertaking which collects waste paper, metal, plastic orglass must do so by way of separate collection.

(3) Subject to paragraph (4), every waste collection authority must, when making arrangements for the collection of waste paper, metal, plastic or glass, ensure that those arrangements are by way of separate collection.

(4) The duties in this regulation apply where separate collection is
(a) technically, environmentally and economically practicable; and
(b) necessary to meet the appropriate quality standards for the relevant recycling sectors.

Definitions

The consultation document acknowledges that the definitions of separate collection, technically, environmentally and economically practicable and necessary to meet the appropriate quality standards for the relevant recycling sectors will be important when applying the regulations on the ground and says that guidance on this subject will be produced following the imminent publication of guidance from the European Commission.

Quality

On the issue of quality, the consultation says that Defra and the Welsh Government are developing a programme of work to deliver improvements in the quality of recycling that will address the general obligation in Article 11(1) of the Directive to promote high quality recycling.

An important part of this work is the proposed Materials Recovery Facility (MRF) code of practice, it explains. The Environmental Services Association have developed a MRF code of practice, and Defra and the Welsh Assembly Government are currently considering how to develop the code to make it mandatory and discuss a further draft of the code with key players in the supply chain over the coming months. If we are minded to make it mandatory, this would be subject to a consultation, likely to take place in summer 2012.

The consultation adds that a Defra Action Plan on Quality is due to be published in the Spring setting out measures it would like to develop in partnership with the whole supply chain.

The consultation runs until Thursday, April 12.