View source for Environmental Permitting (England and Wales) (Amendment) Regulations 2023

[[Category: Legislation & Policy]]

From October 2024 these new regulations will bring more [[waste]] facilities under the scope of the [[Material Facility]] (MF) regulations than previously. The amended regulations bring into scope facilities which receive single [[waste]] streams and facilities whcih consolidate waste material into bulk quantities. the regulations place the onus on the operator of the site to self-assess whether their facility is a MF under the regulations<ref name=":0" group="gov.uk">https://www.gov.uk/guidance/materials-facilities-waste-sampling-and-reporting-from-october-2024</ref>.

== Which material facilites are in scope<ref name=":0" group="gov.uk" /> ==
A facility (or part of a facility) may be classed as a MF if you:

* hold a [[Environmental Permit|permit]] under the [[Environmental Permitting (England and Wales) Regulations 2016]]
* receive and handle [[waste]] classed as waste material
* consolidate [[waste]] material into bulk quantities from multiple suppliers - for example, bulking or [[transfer stations]]
* sort incoming [[waste]] material into specified output materials, such as [[Metal|aluminium]] cans or [[cardboard]]
A facility (or part of a facility) will not be considered a MF if:

* it only receives waste material from a single supplier and does not seperate the material into specified out put materials
* It is a [[Household Waste Recycling Centre|HWRC]]
* it solely undertakes the processing or sorting of [[Waste Electrical and Electronic Equipment]] ([[WEEE]]), waste [[batteries]] or accumulators.
* it solely undertakes the processing and sorting of [[Residual Waste|residual waste]].

=== Examples of materials facilites ===
Facilities '''likely''' to be considered MFs include

* materials recovery facilities (MRFs) sorting household dry recyclables
* [[Commercial and Industrial Waste]] facilities that receive [[waste]] material to consolidate or sort into specified output materials
* [[Waste Transfer Station|Waste Transfer Stations]] (WTS) that receive waste material to consolidate or sort into specified output materials
* facilites receiving and sorting single streams such as [[Paper & Card|paper]] and [[Paper & Card|cardboard]] 
* facilities consolidating [[waste]] material received from 2 or more suppliers into bulk outputs
Facilites '''not likely''' to be considered MFs include:

* commercial and industrial [[Material Recovery Facility|MRF]]<nowiki/>s that consolidate and sort [[commercial and Industrial Waste|commercial and industrial wastes]], unless the commercial waste meets the definition of [[waste]] material
* [[Material Recovery Facility|MRF]]<nowiki/>s or parts of [[Material Recovery Facility|MRF]]<nowiki/>s sorting only [[Residual Waste|residual waste]] (‘dirty’ MRFs)
* [[Mechanical Biological Treatment|mechanical biological treatment]] ([[Mechanical Biological Treatment|MBT]]) facilities, unless they accept material that meets the definition of waste material and undertake [[Material Recovery Facility|MRF]] operations on part of the site
* [[Refuse Derived Fuel|refuse derived fuel]] ([[Refuse Derived Fuel|RDF]]) including [[Solid Recoverd Fuel|solid recovered fuel]] ([[Solid Recovered Fuel|SRF]]) production facilities
* [[Material Recovery Facility|MRF]]<nowiki/>s sorting materials from [[Construction and Demolition Waste]]

=== What counts as waste material ===
The material received is likely to be considered [[waste]] under the regulations if it meets the following criteria:

* it’s from a household source or it’s from a non-household source and is similar to household waste in nature or composition
* it was separately collected for the primary purpose of preparing for [[reuse]] or [[Recycling|recycling]]
* it’s a single kind of material (a single stream) or multiple materials mixed together (a multiple stream)
* it contains one or more material types including [[glass]], [[metal]], [[Paper & Card|paper]], [[Paper & Card|card]], [[plastic]], or fibre-based composite materials

=== Assessing whether you are a materials facility ===
You are probably operating a MF under the regulations if:

* you receive [[waste]] material which is:
** prepared for [[Recycling|recycling]] or [[reuse]]
** includes sorting the waste material into specified output materials suppliers into commom bulked quantities.

You are '''not''' a MF if:

* only consolidate [[waste]] material from a single supplier into bulked outputs
* do not prepare the material for [[reuse]] or [[Recycling|recycing]]

== Input sampling, measuring and recording<ref name=":0" group="gov.uk" /> ==
As a MF receiving 1,000 tonnes or more of [[Waste|waste]] material in 12 months and you meet the criteria above (as a facility within the scope of the new regulations) then sampling, measurement and recording of information by each individual supplier must be undertaken.

This involves measuring and recording the following:

* the total weight in tonnes of input [[Waste|waste]] material for each supplier during each reporting period
* the name and address of the supplier (or of each supplier) for each batch of material
* the date on which the batch of material was received, from which a sample has been taken

for '''input sampling''' the following information must be taken and recorded for '''each''' input sample:

* its composition in relation to the input sampling categories
* details of each supplier from whose inputs the sample was taken
* total weight in kilograms of each sample
* date the sample was taken
* details of the sampling methodology used to take a representative sample

In addition to measuring and recording the above, you also need to report:

* the total number of samples taken for each supplier
* the total weight of all samples

=== Input sample size and frequency ===
An input sample must be taken for '''every 75 tonnes''' of incoming waste material received for '''each supplier''' in a given reporting period.

The samples must meet the following requirements:

* the minimum weight of each sample is 55kg
* the average weight of all samples taken should be at least 60kg

=== Input sampling categories ===
The composition of all the samples taken against specific categories must be measured. You must measure and record the weight of all categories identified in kilograms.

Measurement of all input samples must be undertaken to identify whether the material is:

* target material
* non-target material
* non-recyclable material

'''<u>Target material</u>''' refers to one or more kind of materials identified by  the operator of a <abbr>MF</abbr>, as destined for:

* separation from waste material received
* consolidation to produce bulk quantities of the identified material

'''<u>Non-target material</u>''' is material that may be recyclable but is not identified as a target material by the operator of the <abbr>MF</abbr>.

'''<u>Non-recyclable material</u>''' is [[Waste|waste]] material that currently cannot be viably [[Recycling|recycled]].

=== Input material types ===
There are 10 input material categories:

* [[glass]]
* [[Metal|aluminium]]
* [[Metal|steel]]
* [[Paper & Card|paper]]
* [[Paper & Card|card]]
* [[Plastic|plastic bottles]]
* [[Plastic|plastic pots, tubs and trays]]
* [[Plastic|film or other flexible]] 
* [[Plastic|other plastic]]
* fibre-based composite material

Fibre-based composite material is a category of packaging material that is typically made of paperboard or paper fibres and laminated with plastic.

=== Packaging materials ===
For each category of target, non-target and non-recylcable materials the proportions of [[Packaging Waste|packaging]] items (except for [[glass]] unless its specifically required by the [[Regulatory Authorities|regulator]]) must be identified and measured. '[[Packaging Waste|Packaging]]' is any product used for containing, handling, delivering and presenting goods.

=== Drinks containers ===
For each category of target, non-target and non-recyclable materials,  drinks containers must also be seperately identified and measured, as a category of packaging.

Drinks containers include bottles and cans that:

* are made entirely or mainly from steel, aluminium or polyethylene terephthalate (PET) plastic
* are made to hold between 50 millilitres and 3 litres of liquid
* come into direct contact with the drink inside
* are designed to be airtight and watertight when they’re supplied
* are not made for reuse or refilling

=== Additional sampling of glass packaging ===
There is no requirement to routinely measure and record whether [[glass]] in a sample is [[Packaging Waste|packaging]] or not. However, regulators can request input and output sampling of [[glass]] packaging. They will have to:

* give <abbr>MFs</abbr> at least 4 weeks notice before the start of the reporting period in which measurements will be taken
* specify the minimum number of samples you need to take for these measurements for each supplier

=== Material particles ===
Material particles in an input stream must also be seperately identified and recorded.

The following may be considered material particles in waste material:

* for material types other than glass, particles of that material measuring less than 55 millimetres along their longest dimension
* for material with a majority proportion of glass, glass particles measuring less than 13 millimetres along their longest dimension

The total weight of material particles in the sample will need to be identifed.

The composition of the material particles based on the composition of the remaining non-particle contents of the sample will also have to be calculated. This includes proportions within the non-particle contents of:

* target, non-target and non-recyclable material
* [[glass]], [[Metal|aluminium]], [[Metal|steel]], [[Paper & Card|paper]], [[Paper & Card|card]], [[plastic]], [[Plastic|plastic bottles]], [[Plastic|plastic pots, tubs and trays]], [[Plastic|film or other flexible plastic]], fibre-based composite material
* packaging materials and drinks containers

You must divide the total weight of the material particles using the non-particle content proportions recorded for that sample.

== Output measurement, recording and sampling<ref name=":0" group="gov.uk" /> ==
All outputs must be measured and recorded and includes all materals identified as target, non-target, non-recyclable and any other waste material.

The following information should be measured and recorded in each reporting period:

* the total weight in tonnes of waste material that has been identified and kept separate and will be transferred to another <abbr>MF</abbr> or person for the purpose of recycling or [[reuse]]
* total weight in tonnes of specified output materials leaving the <abbr>MF</abbr> in the given reporting period
* the total weight in tonnes of all other material leaving the <abbr>MF</abbr> in the given reporting period
* relevant details such as name and address of the destination where all the materials are sent
* the date on which the material was sent from the facility
* total weight in tonnes and grade of specified output material (such as [[Aluminium cans|aluminium]], [[Metal|steel]], [[glass]] where appropriate) that make up the batch of specified output material
* any other identifying details of the batch of specified output material, such as batch or bale numbers where these are provided

If output sampling on specified output materials has to be undertaken then records of the following must be taken for each output sample:

* date sample was taken
* the details of the batch of specified output material each sample was taken from
* measurements of composition by the categories each sample is identified against
* details of sampling methodology used, to show how <abbr>MFs</abbr> ensure samples accurately reflect the composition of the total waste material

In addition to measuring and recording the above, you will need to report:

* the total number of samples taken for each batch of specified output material
* the total weight in kg of all samples in a reporting period

=== Frequency and size of output materials ===
The minimum sampling frequency and samples size for different material types are:
{| class="wikitable"
!Specified output material
!Minimum frequency
!Weight of sample
|-
|Glass
|Once for every 50 tonnes
|10kg
|-
|Paper and card
|Once for every 60 tonnes
|50kg
|-
|Metal (aluminium, steel or both)
|Once for every 20 tonnes
|10kg
|-
|Plastic
|Once for every 15 tonnes
|20kg
|-
|Fibre-based composites
|Once for every 60 tonnes
|50kg
|}
When there are 2 or more materials in a specified output the frequency and size of the material that has the lowest figure in the minimum frequency column of the table should be used.

For example:

* a mixture of plastic and aluminium would need a frequency of once for every 15 tonnes, and a sample size of 20kg
* a mixture of steel and glass would need a frequency of once for every 20 tonnes, and a sample size of 10kg

=== Output sampling categories ===
As a minimum,  the grade of [[glass]], [[Aluminium cans|aluminium]], [[Metal|steel]], [[Paper & Card|paper]], [[Paper & Card|card]], [[plastic]] or fibre-based composite material making up the specified output materials produced in the <abbr>MF must be identided and recorded.</abbr>

The 'Grade' of material describes the particular material specification of that material type.

For example, you may identify different grades of the following material using physical or chemical characteristics as follows:

* grades of [[glass]] may be based on colour such as clear glass or mixed coloured glass
* grades of [[plastic]] may be based on polymers including natural high density polyethylene ([[HDPE (2)|HDPE]]) bottle, coloured [[HDPE (2)|HDPE]] bottles, or clear [[PET (1)|PET]] bottle

Each batch of specified output material must be sampled and measured to identify:

* target material
* non-target material
* non-recyclable material

The weight of all categories identified must be measured and recorded, including packaging and drink container proportions in kilograms.

=== [[Packaging Waste|Packaging]] and drinks containers ===
For each category of target, non-target and non-recyclable materials, the proportions of:

* [[Packaging Waste|packaging]] items, except for [[glass]] unless specifically required by the regulator
* drinks containers

must be measured and recorded.

=== Additional sampling of [[glass]] packaging ===
Requirements for additional sampling of glass packaging are similar to the input sampling rules. The minimum number of output samples you need to take for these measurements will be specified by the written notice from the regulator.

=== Material particles ===
Material particles must be seperately measured and recorded in the output sample, following the sampling andmesaurement rules given under the input sampling informtion above to calculate proportions.

== Reporting<ref name=":0" group="gov.uk" /> ==
Reports must be submitted electronically to the [[Regulatory Authorities]] (in a form specified by them) within one month of the end of the reporting period.

The reportsd shlould include all relevant information about the materials facilities’ total incoming and outgoing waste material, suppliers and destinations as well as:

* any samples you take for incoming and outgoing material in a reporting period, including the total number of samples taken for each supplier or each batch of specified output material
* the total weight in kg of all samples for each supplier or each batch of specified output material
* all measurements recorded as part of any input or output sampling undertaken

All information recorded:

* before 1st October 2024 should be retained for a minimum of 4 years from the date that it was first recorded
* after 1st October 2024 should be retained for a minimum of 7 years from the date that it was first recorded

== Compliance Monitoring and Enforcement of the regulations<ref name=":0" group="gov.uk" /> ==
The [[Environmental Permit|environmental permit]] conditions imposed by the regulations will be enforced by the [[Regulatory Authorities]].

[[Regulatory Authorities|Regulators]] will monitor your compliance with sampling, recording and reporting requirements through a number of compliance activities which may include:

* announced and unannounced audits carried out by visits to facilities, including the inspection of activities and relevant documentation
* virtual or remote audits
* desktop audits of data submissions

Audits will focus on:

* how samples are taken
* whether samples are representative and follow the written methodology
* assessment of the recorded and reported data

Audits will not consider how operators of <abbr>MFs</abbr> can improve quality specified output material produced from material separation processes.

Additional compliance activities may be undertaken based on intelligence and outcomes of previous audits.

Audits may be combined with compliance monitoring of other [[Waste|waste]] regulations for example, [[Duty of Care]] and Transfrontier Shipments of wastes, as well as wider [[Environmental Permit|permit compliance]].

The [[Regulatory Authorities|regulator]] will employ the enforcement powers available to them under the [[Environmental Permitting (England and Wales) Regulations 2016|Environmental Permitting Regulations]] in England and Wales.

==References==