Incomplete draft guidance on TEEP and separate collections which was scrapped by Defra earlier this year has been published today (May 22) after a freedom of information request.
A Defra letter accompanying the document states that it is an unfinished draft and that there are no plans to publish it in England and it carries no status. However, the document gives a clear indication of where the Department stands on issues relating to high quality recycling and TEEP.
The unfinished draft was originally intended to help councils comply with the EU Waste Framework Directive, which effectively requires Member States to have separate collections of at least metals, paper, glass and plastic from January 2015 if technically, environmentally and economically practicable (TEEP) and appropriate to meet the necessary quality standards for the relevant recycling sectors.
But, the draft document explains that collection authorities can be assured they have met statutory requirements from 2015 by collecting paper, metal, plastic and glass separately or by assessing their commingled systems retaining a record of evidence of their decision to not collect the four waste streams separately.
And, although the unfinished guidance states that it is not commonly the case for glass to be able to achieve high quality recycling through commingled systems, it suggests that collection authorities have the ultimate decision over how to collect recyclable materials but are also legally responsible in accordance with the UK Waste Regulations 2011.
High quality material is defined in the document as being recyclate that is similar in both quality and quantity to that achieved with food separate collection and is therefore able to be used by reprocessors for turning back into a product of similar quality to what it was originally.
‘The bench-mark of ‘high quality’ should be taken as meaning that the recyclate is similar quality to that achieved with good separate collection and is therefore able to be used by reprocessors for turning back into a product of similar quality to what it was originally. This is not commonly the case for glass.’
Defra’s incomplete draft TEEP guidance
The document adds: This is not commonly the case for glass. Hybrid solutions are possible, whereby separate collection is necessary for one stream but not for others.
Practicable
Elsewhere, the incomplete guidance outlines its definition of practicable, stating that a separate collection system is economically practicable when it does not cause excessive costs in comparison with the treatment of a non-separated waste stream, considering the added value of recovery and recycling and the principle proportionality.
It explains that environmentally practicable should be understood as being when the added vlue of ecological benefits justifies possible negative environmental effects of the separate collection (e.g. additional emissions from transport).
But, the document adds that different systems may be practicable in different areas of a collection authority, or for different types of households.
It explains that collection authorities are responsible and accountable for making the decision over whether separate collection is necessary and practicable on the basis of their unique ability to take into account local circumstances.
Compliance
And, from 2015, it states that the Environment Agency will have the power to issue a compliance notice requiring a collection authority to take steps within a period to ensure that contravention of the Waste Regulations does not continue to recur or to issue a stop notice prohibiting any further activity until steps specified in the notice are complied with.
The document had originally been intended to be form a part of a statutory guidance note to be released by Defra, but according to the accompanying letter the Department decided to abandon work on the document in January 2014 because further government guidance was unlikely to add much to what is already set out in the regulations and other documents.
These documents include, the letter states, the Waste Framework Directive itself, the European Commissions own guidance and then-waste minister Lord de Mauleys letter to English authorities in October 2013 (see letsrecyle.com story).
In the absence of formal guidance from the Department, the Waste & Resources Action Programme (WRAP) and a number of local authority organisations have joined together to develop a route map to act as a guide for councils in assessing the TEEP requirements (see letsrecycle.com story).
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