According to industry figures seen by letsrecycle.com, 273 companies were anonymously reported to the regulator via its Simpler Recycling non-compliance reporting tool. Of these, 232 were deemed to fall within the scope of the regulations, and therefore were liable to be compliant.
In total, the EA issued 257 advisory notices to 246 organisations. Waste producers accounted for the majority, receiving 216 notices, while 22 were issued to waste collectors.
A further eight notices were sent to intermediaries, including landlords, brokers and facilities management companies.
Patrick Brighty, Head of Recycling Policy at the Environmental Services Association (ESA), commented: “The publication of EA non-compliance figures from the first year of Simpler Recycling is a crucial step in driving out non-compliance.
“Strong enforcement will be critical to ensure that all waste producers and collectors implement England’s new waste separation requirements on the ground, and to enable us to deliver on the UK’s long-term statutory target of a 65% municipal recycling rate by 2035.”
Simpler Recycling compliance notices to follow
The regulator says the next phase of compliance monitoring will involve targeted follow-up activity, with businesses assessed to determine whether they have taken steps to comply.
Compliance notices set out where organisations have failed to meet requirements, how they can address shortcomings, and the deadlines for doing so.
The next step will follow up on those who were issued letters this year on a risk basis, to check if they are in compliance.
Those found to be non-compliant may be issued with formal advice and guidance or a compliance notice and could be subject to prosecution under the EA’s Enforcement and Sanctions Policy.
The notice will outline where the business has failed to comply, how to fix the issue and the deadline for making those changes.
Any financial penalties would ultimately be determined by the courts, based on both the severity of the offence and the offender’s financial position.
If prosecution is pursued, fines will be determined by the courts based on the seriousness of the offence and the financial circumstances of the offender.
The EA encouraged businesses and individuals to report any suspected breaches of Simpler Recycling requirements via its online reporting tool.
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