From today (3 February 2026), the EA will apply an hourly time and materials charge of £118 for regulatory work linked to Simpler Recycling where businesses or occupiers of relevant non-domestic premises are found to be non-compliant.
The charge will only apply to non-compliant businesses.
The EA explained that it is designed to recover the costs of regulatory activity which delivers a positive environmental effect.
The Simpler Recycling policy requires dry recyclable waste to be collected separately from food waste and residual waste.
The requirements came into force for businesses and relevant non-domestic premises from 31 March 2025, although micro-firms with fewer than 10 full-time equivalent employees are exempt until 31 March 2027.
An Environment Agency spokesperson said: “Simpler Recycling for workplaces is vital in moving us towards a more circular economy, delivering positive changes to the waste industry, and making our society reuse more of its precious resources.
“We have taken a pragmatic approach to implementing Simpler Recycling, working with sectors to ensure they are fully supported in understanding the requirements and how to meet their new duties.
“Our proposals will see only repeat offenders who fail to work with us footing the bill.”
Consultation responses for the proposed fee
A consultation on the planned charge ran for eight weeks between 15 May and 15 July 2025.
According to the EA, most respondents agreed or partially agreed with the proposal, stating it was reasonable for the regulator to recover costs and that charges should fall on those who are not meeting their obligations.
Support was also expressed for the application of the ‘polluter pays’ principle, with respondents noting that cost recovery would help prevent non-compliant businesses from gaining an unfair competitive advantage.
However, a number of concerns were raised. Some respondents suggested that a clear communications campaign and additional support for businesses would be needed ahead of implementation.
Others suggested that initial advice and guidance should be provided free of charge, with charges only applied where further regulatory intervention is required.
Further issues highlighted included the need for clarification on minimum food waste thresholds, and potential short-term barriers to compliance such as limited waste processing infrastructure and difficulties sourcing appropriate bins.
Alternative charging approaches were also suggested, including tiered fees based on business size or fixed penalty notices.
The EA acknowledged that some respondents favoured charges linked to turnover, employee numbers or business size, but said its regulatory costs are driven by environmental risk and complexity, rather than the scale of a business.
The regulator said it had reviewed all consultation feedback before deciding to proceed with the charging scheme.
Impractical for the Construction and Building sector projects or sites. Waste contractors are unable to meet site service time restrictions also access to containers can be restricted due to on site deliveries causing severe delays and knock on servicing delays or missed collections for other customers.
The volume of food waste being produced on construction sites makes the minimal fortnightly service (some waste contractors are insisting on 2 x 240L bins for food) not viable against Carbon usage to service empty bins.
A rethink on enforcing Simpler Recycling for Construction and Building developments needs reviewing!