1. MF Regulations & Separate Collections Linda Crichton

2. Improving quality Separate collection requirements Material Facilities (MF) Regulations These regulations provide a legal as well as a commercial and environmental context to improving quality of recyclate.

3. Separate Collections - legislative context Articles 10 and 11 of the revised Waste Framework Directive The Waste (England and Wales) Regulations 2011 (part 5) The Waste (England and Wales) (Amendment) Regulations 2012

4. Article 10 - Recovery 1. Member States shall take the necessary measures to ensure that waste undergoes recovery operations, in accordance with Articles 4 [waste hierarchy] and 13 [protect human health and the environment]. 2. 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.

5. Article 11 - Re-use and recycling 1.…. Member States shall take measures to promote high quality recycling and, to this end, shall 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. Subject to Article 10(2), by 2015 separate collection shall be set up for at least the following: paper, metal, plastic and glass

6. The Waste (England & Wales) Regulations LAs need to consider both the 2011 Regulations and the 2012 (Amendment) Regulations Particularly important are.. –Regulation 12 – Duty in relation to the waste hierarchy –Regulation 13 (as amended) – duties in relation to the collections of waste; and the requirement to collect the four key materials separately –Regulation 14 – Duty in relation to collected waste; in relation to keeping the four materials separate from other waste or other material with different properties

7. Regulation 13 (as amended) by the 2012 Regs (1) This regulation applies from 1st January 2015 (2) Subject to paragraph (4), an establishment or undertaking which collects waste paper, metal, plastic or glass must do so by way of separate collection. (3) Subject to paragraph (4), every WCA 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— (a) is necessary to ensure that waste undergoes recovery operations in accordance with Articles 4 and 13 of the Waste Framework Directive and to facilitate or improve recovery; and (b) is technically, environmentally and economically practicable.”

8. Some considerations LAs need to consider the implications of the Regulations before 1 st January 2015 Commercial/trade waste within scope Decision on necessary and practicable is a local one Consideration of/ decision on what is practicable needs to be kept under review Decisions need to take account of the waste hierarchy Document decision making process and supporting evidence

9. What’s available to help EU Waste Framework Directive guidance Waste Network Chairs – developing a ‘Route-Map’ to understanding the regulations WRAP pulling together a ‘resource pack’ – signpost useful information and good practice

10. MF Regulations

11. Introduced under the Environmental Permitting (E&W) (Amendment) Regulations 2014 –new Schedule 9a: Materials Facilities Regulations were laid in February and will come into force in March (going through final parliamentary processes currently) Consulted on in 2012/13 Come into effect on 1 st October 2014 Build on an industry-led Code of Practice and desire from the sector for this to be made mandatory

12. MF Regulations Key objective is transparent, robust and consistent information on quality Apply to all permitted MFs receiving >1,000tpa of materials (~170 facilities in E&W) Require MFs to routinely sample & test the composition of –inputs materials (by individual supplier) –sorted output materials Sampling & testing results to be reported quarterly to the regulator (EA in England) –1 st reporting period is Oct-Dec 2014

13. Mandatory sampling regime

14. Information to be reported NB: Data in table is for the purpose of illustration only

15. Information to be provided (green) - input NB: Data in table is for the purpose of illustration only

16. Information to be provided (green) - output NB: Data in table is for the purpose of illustration only

17. Guidance documents Defra guidance on what MF operators have to do to comply with the Regulations In conjunction with an industry steering group WRAP has produced good practice guidance on how the samples can be taken and tested Both documents will be available by end of March

18. Sampling & Testing Guidance - content 1.0 Introduction 2.0 Definitions 3.0 Overview of the Sampling Requirements (Regulations) 4.0 Sampling Options for Inputs and Outputs 5.0 Material Testing Procedure 6.0 Sampling and Testing Equipment 7.0 Sampling and Testing Timing Indicators 8.0 Statistical Process Control 9.0 Information Required by the Regulators 10.0 Enforcement of the Regulations 11.0 Staff Training 12.0 Health and Safety Considerations 13.0 Q&A

19. Transparency of testing results Desire for the quarterly testing results to be fully transparent Web-portal being scoped - will enable stakeholders to view testing results (by facility and by supplier) Portal to be hosted by WRAP Potential also for it to include information for Wales, Scotland, NI

20. Summary Material being measured by all Audited process Reprocessors/LAscan have quality based discussions with MRFs Incentive for low quality MRFs to improve Easier information access on MRF quality performance

21. Thank you Email: linda.crichton@wrap.org.uk MF Regulations. http://www.legislation.gov.uk/uksi/2014/255/pdfs/uk si_20140255_en.pdf