The Resource Association (RA), a trade association for the reprocessing and recycling industries and their supply chain, today (18 October) reacted to the letter from former Resources Minister Lord de Mauley to local authorities about the requirements of the Waste (England and Wales) (Amendment) Regulations 2012, which come into force from 1 January 2015.

The RA noted that it should have been clear that co-mingling is not permissible in all circumstances, and called for the release of 'the long-awaited TEEP Guidance and...the detailed outcome and timetable for the MRF Regulations' to complete 'the regulatory and legislative jigsaw'.

Background

Defra’s interpretation of the EU’s revised Waste Framework Directive (rWFD) had been the subject of a judicial review brought by members of the Campaign for Real Recycling, which had hoped the review would deem co-mingled recycling collections illegal. The judge, however, found in favour of the government’s interpretation that separate collections are only necessary where they both ‘facilitate or improve recovery’ and are ‘technically, environmentally and economically practicable [TEEP]’.

Seeking to clarify the resulting view adopted by some that co-mingling would be permissible in all circumstances, Resources Minister Lord de Mauley wrote to councils claiming the government ‘fully supports’ the separate collection of waste paper, plastic, glass and metal. He also indicated that separate collections of recyclables should be the default position for councils to adopt.

The letter came at a time when the industry is still anxiously awaiting two related bits of policy from the government, guidelines on TEEP as well as the Materials Recovery Facility Code of Practice (MRF CoP). The TEEP guidelines are expected to clarify when co-mingling collections are permissible, while the MRF CoP is intended to ensure co-mingled collections reach the same quality as source-separated services.

Resource Association response

Speaking on behalf of reprocessing businesses that often handle the material resulting from co-mingled (as well as source-separated) collections, Resource Association Chief Executive Ray Georgeson said: “The Resource Association is pleased that Defra has taken this step to highlight the actual impact of the forthcoming regulations, but it should have come as no surprise to anyone, as this was always clear from a careful read of the regulations and indeed the judgment laid down in the judicial review on this issue earlier in the year. When some leaders in local government and the waste industry called the outcome of the judicial review a ‘victory for common sense’ and chose to interpret it publicly as a licence to co-mingle in all circumstances they did the industry a great disservice that Defra have now been obliged to counter.

“It is a pity though that this important letter was not accompanied by the long-awaited TEEP Guidance and even the detailed outcome and timetable for the MRF Regulations as on its own this letter probably raises more questions than it answers. The onus has clearly been placed upon local authorities to ensure they fulfil their legal duties from 2015 and so the publication of the TEEP Guidance is now a pressing need.”

Regulations ‘are not a licence to co-mingle’

Georgeson noted that “it is clear that the regulations are not a licence to co-mingle in all circumstances” and highlighted the need for high-quality recyclate and public faith in the recycling process, before calling for legislation to complement the letter explaining Defra’s stance.

He said: “All the pieces of the regulatory and legislative jigsaw need to be in place. We now need a clear timetable for the publication of the TEEP Guidance and the MRF Regulations. We hope that the MRF Regulations will provide the reprocessing sector and local authorities with a testing regulatory regime that is robust and defendable, and provides confidence in the quality of data on recyclate quality, which will in turn improve market intelligence and drive up quality in the way that Defra desire.

“For any co-mingled collections that continue after January 2015, the regulatory regime in the MRF Regulations will need to demonstrate that material collected and then sorted at a MRF has been produced in a way that allows them to be regarded as ‘source separated equivalent’ and therefore compliant with the basis upon which Defra transposed the revised Waste Framework Directive to allow continued co-mingling in some circumstances.

“The onus is now on Defra to deliver this with the same vehemence with which Lord de Mauley’s letter has put the onus firmly back onto local authorities to ensure their collection systems are legally compliant from 1st January 2015.”

The letter was also welcomed by waste management firm DS Smith Recycling, with its European Sales & Purchasing Director Jim Malone, saying: “This is great news as I still have concerns over the quality of recyclate I receive for reprocessing, with contamination levels far too high. We need to focus on collecting materials separately, where possible, to ensure we can retain the highest value from this vital resource.

“This is a sensible stance from Defra and we fully support the content of the letter and the interpretation of the Waste Framework Directive.”

Read more about de Mauley’s letter to local authorities.