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Jurisdiction: Republic of Ireland
Commencement: 1st September 2024
Amends: Waste Management (Landfill Levy) Regulations 2015
The Waste Management (Landfill Levy) Regulations 2015 set out that a landfill levy for all wastes of €85 per tonne must be paid by those who perform waste disposal activities for the disposal of waste via landfill; this includes inert waste from the construction sector.
The Waste Management (Landfill Levy) Regulations 2011 are revoked and replaced.
The landfill levy applies to all types of waste passing to disposal in landfill sites and must be paid:
The disposal of certain types of waste to landfill is exempt from the levy, including the following wastes listed.
*Biological treatment means composting, anaerobic digestion, mechanical-biological treatment or any other biological treatment process for stabilising and sanitising biodegradable waste, including pre-treatment processes.
Written records must be made and kept for each vehicle load of waste accepted into landfill in accordance with regulation 12. The records need to be kept for a minimum of six years.
Compliance checks
An employee of a relevant local authority, or any auditor appointed by the Minister, or a local authority, may:
Amendment
The exemption for construction and demolition waste from the Landfill Levy is removed.
The levy for the disposal of construction and demolition waste and other similar waste is now the same as the waste recovery levy, under the Circular Economy (Waste Recovery Levy) Regulations 2024.
Non-greenfield soil and stone* disposed in a landfill is exempt from the levy, where the disposal facility is subject to an Integrated Pollution Control (IPC) licence**.
*Non-greenfield soil and stone is soil and stone from land that has been developed or is soil and stone that is contaminated by man-made substances that are not natural to the environment from which the material was extracted.
**An IPC licence is a single-integrated licence that covers all emissions from a facility and its environmental management.
Liability for mixed loads
Where waste accepted for disposal consists of both waste material which is subject to the landfill levy and material which is exempt from the levy, the landfill levy will be payable for the entire amount to be disposed of, unless the separate waste can be clearly identified and quantified.
Jurisdiction: Republic of Ireland
Commencement: 1st July 2024
Amends: Waste Management (Food Waste) Regulations 2009
The Waste Management (Food Waste) Regulations 2009 are designed to promote the segregation and recovery of food waste arising from the commercial sector. They aim to increase the amount of food waste that is recovered in Ireland.
The requirements apply to the following classes of business where food is prepared or supplied on the premises.
N.B. Mobile food outlets, such as vans and caravans are exempt from these requirements.
Various duties apply and are available to view on The Legislation Update Service.
All commercial premises (other than those specifically exempted) are obligated to segregate their food waste, so that bio-waste is either separated and recycled at source, or is collected separately, and is not mixed with other types of waste.
Schedule 1 is deleted to reflect these changes.
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Currently waste authorities and waste collectors across England must collect at least 2 types of recyclable household waste (or similar) separately to general waste from domestic premises, relevant non-domestic premises (residential homes, educational premises, hospitals and nursing homes) and business premises.
The Separation of Waste (England) Regulations 2024 extends this requirement to additional relevant non-domestic premises, and provides specific descriptions for the six types of recyclable waste (known as recyclable waste streams) in Schedule 1. The 6 recyclable waste streams are:
The Regulations also support the transition to new rules starting in 2025 which will require the separate collection of recyclable waste streams from domestic, relevant non-domestic and business premises. The new rules will ensure that all councils and waste collectors across England are collecting recyclable waste consistently.
From 30th June 2024 additional types of premises are added to the list of relevant non-domestic premises, from which 2 types of recyclable household waste must be collected from. The five types of premises added are:
The new rules coming into effect in 2025 and 2026 will require every waste authority and collector in England to ensure that all relevant recyclable waste streams are collected separately from general waste from domestic, relevant non-domestic and business premises.
There are also requirements to keep certain recyclable waste streams separate from others.
N.B. The requirement to collect garden waste does not apply to waste collections from business premises or relevant non-domestic premises.
From 31st March 2025 these rules will apply to collections of:
From 31st March 2026 these rules will apply to collections of:
N.B. Some councils have extended deadlines to implement the new rules, these are listed in the Schedule of The Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024.
The overhaul of recycling requirements in England is being implemented through a number of amendments to laws which have been published in advance, so that waste authorities, collectors, organisations and individuals can prepare for the changes.
The wider current duties for waste authorities and collectors under Regulation 13 of The Waste (England and Wales) Regulations 2011 continue to apply alongside the old section 45A of the Environmental Protection Act 1990, which will be repealed when the new rules come into force.
The new rules for waste collections applying from 2025 and 2026 can be found in sections 45A to 45AZG of the Environmental Protection Act 1990 which have been replaced through section 57 of the Environment Act 2021, which came into force through The Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024.
Jurisdiction: England
Commencement: 30thJune 2024
Amends: New Legislation
These Regulations describe the recyclable household waste and the recyclable relevant waste* that must be collected separately from households, relevant non-domestic premises** and businesses. The list of non-domestic properties that must arrange separate collections of their household waste is expanded.
*Relevant waste refers to industrial or commercial waste that is similar in composition to household waste.
**Relevant non-domestic properties are non-domestic properties that must make arrangements for the separate collection of recyclable waste streams.
The recyclable waste streams that must be separately collected by waste collectors are:
N.B. Garden waste only applies to collection of household waste from domestic properties.
Background
Section 45A of the Environmental Protection Act 1990 (‘the Act’) required waste collection authorities to collect at least 2 types of recyclable waste separately from residual waste. This requirement was supplemented by The Waste (England & Wales) Regulations 2011, which imposed a duty on all waste collectors to collect paper, metal, plastic and glass separately.
Section 57 of the Environment Act 2021 replaced the old section 45A of the Act and set out new requirements for the separate collection of recyclable waste from households, relevant non-domestic premises producing household waste and premises producing relevant waste, such as businesses.
N.B. Although section 57 is already in force, a transitional period is provided for waste collection authorities and for those responsible to arrange the separate collection of waste.
Various duties apply and are available to view on The Legislation Update Service.
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Jurisdiction: England
Commencement: 1st April 2024
Amends: The Packaging Waste (Data Reporting) (England) Regulations 2023
Various duties apply.
The responsibility for reporting packaging waste has been updated for following types of packaging waste:
Definitions have also updated for “Producers” and “UK owners” to provide clarification on the division of responsibilities between the following entities:
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A number of changes that aim to improve the quantity and quality of waste data, especially packaging data, obtained from materials facilities* (MFs), will come into force from 1st October 2024. This data will be used in the implementation of the Extended Producer Responsibility for Packaging (pEPR) scheme, to ensure packaging producers pay the cost of managing the packaging they place on the market.
*Materials facility refers to a site that receives waste material and separates it or consolidates it.
Part 2 of Schedule 9 to The Environmental Permitting (England and Wales) Regulations 2016 was amended by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023. The changes aim to improve the quantity and quality of waste data, especially packaging data, obtained from MFs. Also, more MFs are brought into the scope.
MFs that received and separated mixed waste* were required to collect and report data on the material arriving and leaving the site. MFs likely to receive 1,000 tonnes of mixed waste in a year were required to sample at least 60kg for every 125 tonnes of mixed waste received at the facility from each supplier. Those MFs were also required to sample and report against fewer categories of input and output waste material** and report average data.
*Mixed waste means waste material** of 2 or more types.
**Waste material means household waste or waste of similar type or composition, which contains glass, metal, paper, card, plastic, or fibre-based composite material, and which has been separately collected for re-use or recycling.
From 1 October 2024, more materials facilities will need to sample and report their waste. This includes MFs managing source segregated or single waste streams, bulking stations, and waste transfer stations.
MF operators affected for the first time in October 2024 must notify the regulator in writing if they receive 1,000 tonnes or more of any waste material.
Exemptions
The changes will not apply to MFs that:
Input sampling
Waste material received from each supplier (input material) must be identified within a sample as 1 of the following material types: glass, aluminium, steel, paper, card, plastic bottles, plastic pots, tubs and trays, film or other flexible plastic, other plastic, fibre-based composite material*.
*Fibre-based composite material means packaging material made of paperboard or paper fibres, laminated with plastic.
MF operators must take a sample (input sample) for every 75 tonnes of waste material they receive from a supplier. The average weight per sample must be 60 kg or more and each individual sample must weigh at least 55 kg.
Output sampling
MFs that sort packaging waste must grade specified output materials and record this for the following: glass, paper, card, aluminium, steel, plastic, and fibre-based composite.
Packaging materials
The proportion of packaging and drinks containers (except glass) that are part of the deposit return scheme (DRS) must be measured and recorded during input and output sampling.
N.B. Sampling of glass packaging only needs to be done when requested by the regulator, which must notify the MF at least 4 weeks in advance.
MFs must now report raw data rather than averages and keep data recorded after 1st October 2024 for 7 years.
Detailed guidance on the changes to waste sampling and reporting requirements for MFs can be found here.
Systematic failures in regulating waste carriers, brokers and dealers has led to record levels of crime and is costing over half a billion pounds a year. These were the conclusions of Mike Brown, managing director of Eunomia, when in 2017 he managed to register his deceased dog Oscar as a waste carrier. The purpose of this stunt was to highlight that the lack of background checks under the current regime would allow anyone (or anyone’s pet) to register, leaving it open to exploitation by bad actors. The problem has only worsened since, with the Environment Agency estimating the cost in 2021 alone to be over £1 billion a year.
At the beginning of 2022, the Department for Environment, Food and Rural Affairs (DEFRA) consulted on its plans to reform the waste carriers, brokers and dealers registration system in an attempt to address some of the shortcomings that Mike Brown had exposed in 2017. This consultation proposed moving the regime from a registration to a permit-based system under the Environmental Permitting Regulations (EPR) and proposed enhanced background checks needed to operate as a waste carrier, broker or dealer. On the 21st of October 2023, the Governments response to this consultation was published.
This response confirmed that changes to the waste carriers, brokers and dealers regime would be made to replace the current registrations with permitting rules, and simplify the current terminology that is used under the regime.
The current regime distinguishes between waste carriers, waste brokers and waste dealers; distinctions that have caused some confusion. These are going to be replaced with 3 new designations:
The existing two-tier registration system for waste carriers is going to be replaced with a ‘standard rules’ environmental permit or a registered exemption under the EPR. It is outlined in the Government publication that they plan to introduce the following three permit types:
These permits will be differentiated with the addition of tiers that take into consideration the type and volume of waste carried. This will include four levels of risk, with additional charges and permit conditions reflecting the risk level of the waste. The details of these permits and their conditions will be outlined in future consultations.
All 3 of the newly proposed permits will require a single, up-front payment. The payment will cover the application fee and a subsistence fee to cover compliance costs. If the application is unsuccessful then the subsistence fee will be refunded. A renewal fee will be charged after 3 years that also includes a subsistence fee.
Registered and non-registered exemptions will still be available, exempt activities can be found here.
A significant change to bringing the current regime into line with the EPR is the duty to demonstrate technical competence for permitted activities. This will mean that before waste controllers or transporters can obtain one of the permits outlined above, they must satisfy the Environment Agency that they can meet both the conditions of the permit being applied for and have the appropriate level of technical competence required. When implemented, this should prevent inadequate applications, such as those made on behalf of Oscar the dog, from being granted.
As it stands, when the new system goes live, those with an existing upper-tier registration will be required to apply for the relevant permit when their registration is due for renewal. Those with an existing lower-tier registration will be required to apply for any permits that they require within 12 months, after which their registration will have expired.
The coming changes are still very much in the early stages, with alterations following additional consultations likely and currently no timeline for when the new system will go live. However, it is clear that significant changes in the way we handle and transport waste are on the horizon.
Jurisdiction: England
Commencement: 31st December 2023
Amends: The Controlled Waste (England & Wales) Regulations 2012
The Controlled Waste (England & Wales) Regulations 2012 revoke and replace The Controlled Waste Regulations 1992.
They classify waste as household, industrial or commercial waste and also list the types of wastes for which local authorities may make a charge for collection and disposal. All controlled wastes are covered by a duty of care.
The main impact of these Regulations is that local authorities, acting as waste collection authorities, are now able to charge for the disposal of waste arising from a wider range of non-domestic premises than allowed under the 1992 Regulations.
Defra concluded that the 1992 Regulations undermined efforts to reduce waste and increase recycling. Exemptions from disposal charging extended to private institutions and some businesses. Most wastes from industry and commerce, including materials that are destined for recycling, are to be treated as controlled waste. The main exemptions are wastes from agricultural premises, mines, quarries and radioactive wastes, which are regulated under other statutory regimes.
“Household waste” that can now incur collection and disposal charges include litter, waste from residential homes, waste from nursing homes, waste from some premises forming part of a hospital or nursing home and waste from penal institutions. Collection charges can be made for garden waste, dead pets and waste from charity shops originating from domestic properties. See the tables in Schedule 1 of the Regulations for full details.
The producer of the waste must identify controlled waste and, as such, should treat it in compliance with all relevant Regulations regarding waste.
The 2012 Regulations may impose additional requirements and costs on those types of businesses, charities or organisations which had under the previous 1992 Regulations had their waste disposed of free of charge by their local authority. However there are still exemptions available for charity shops (no “disposal charge” if the waste originated from domestic property), reuse organisations, firms eligible for free waste disposal and entitled to Small Business Rate Relief, and premises used for public meetings.
Waste from construction and demolition works is classified as household waste where:
Schedule 1 is amended accordingly.
This amendment has no direct relevance to environmental matters.
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Jurisdiction: Scotland
Commencement: 1st January 2024
Amends: The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
Various duties apply.
Producers of packaging must recover and recycle packaging waste in accordance with Schedule 2 (Recycling obligations) of the 2007 Regulations.
The recovery and recycling target for 2024 is updated. Producers must now recover and recycle 80% of packaging waste.
Producers must also meet material-specific recycling targets. The 2024 specific-recycling targets are:
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| Although accurate at the time of writing, the activities described in the article are now covered by the new Regulatory Position Statement: Storing and treating hazardous waste wood: RPS 291. Please check to ensure your activities are still covered. |
Changes to the classification of 10 waste wood items has occurred from 1st September 2023 in the UK. The new classification of these products as hazardous and potentially hazardous waste will affect both producers of waste wood and recyclers.
Waste wood from demolition and refurbishment activities: Regulatory Position Statement 250
RPS 250 was withdrawn on 31st August 2023. The RPS allowed for operators with an existing environmental permit to:
Due to the potential impact to human health and the environment of processing and recycling potentially hazardous material, the Government have decided to remove this RPS.
The following ten wood items from buildings constructed before 2007 are now classified as hazardous waste.
Hazardous wood waste
If your organisation handles any of the 10 types of wood from pre-2007 buildings, they must be treated as hazardous waste when arranging recovery and disposal. An exemption to this is if the wood has undergone testing and is found to be non-hazardous.
Recycling and processing centres will now be required to have the correct licenses before accepting hazardous waste wood. There is a duty on organisations to check that the facility has the correct processes in place to accept their consignment.
The wood is now required to be moved using a consignment note (as is all hazardous waste) and one of the following EWC codes depending on which is applicable.
All consignment notes must be retained by an organisation for 3 years.
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