A new Code of Practice that will see Scottish Material Recovery Facilities (MRFs) measuring the quantity and quality of recyclable materials being processed comes into force today (1 October).

The Scottish Environment Protection Agency (SEPA), which will manage the regulations, is aiming to avoid the compliance problems that have been noted in similar regulations in England and Wales through communication with MRFs and unannounced inspections.

The Scottish Government has introduced the code with the aim of improving the quality of materials entering the market, and thus, the government says, attracting more investors to support the expansion of Scotland’s reprocessing sector.

The ‘Code of Practice on Sampling and Reporting at Materials Recovery Facilities’ was published March ahead of its introduction this month. It requires MRFs to weigh and sample materials entering and leaving the facility, as well as identifying the composition of the samples.

This information will then be reported to the Scottish Environment Protection Agency (SEPA), along with details about the end destination for the material and what the material will be used for.

The code applies to MRFs that receive, or are likely to receive, 1,000 tonnes or more of mixed dry recyclable materials (comprising of two or more materials) or separately collected dry recyclable waste over a 12-month period.

Compliance issues in other UK reporting systems

The regulations are similar to those established last year in England and Wales under the ‘Environmental Permitting (England and Wales) (Amendment) Regulations 2014’, though they have been developed independently.

Under those rules, MRFs are required to provide quarterly details of mixed waste tonnage received from each supplier and output tonnage for defined material streams.

However, the first two quarters to be reported under the regulations so far have seen poor participation. Only 92 MRFs of the estimated 160 facilities that meet the criteria, the same as that for Scottish MRFS, reported data for the most recently published quarter (January to March 2015).

Last month, Zero Waste Scotland and SEPA published guidance to help MRF operators comply with the regulations. The guidance includes sampling and testing processes that meet the requirements of the Code of Practice.

Zero Waste Scotland has also provided grant funding for MRF operators to purchase equipment needed to meet the requirements of the code.

Additionally, SEPA will undertake unannounced inspections in order to assess the quality and accuracy of testing and reporting procedures. Its officers will also visit poorly-performing sites to assess staff training, processes and equipment once data is submitted.

Ensuring compliance an ‘ongoing task’

Gary Walker, Principal Policy Officer, Scottish Environment Protection Agency (SEPA), said: “By working with Zero Waste Scotland to produce this guidance, we have ensured that the new Code of Practice provides MRF operators with a clear understanding of what they can do to remain compliant.

"This data will be crucial in helping SEPA understand the issues that MRF operators face with contamination and the role of the whole supply chain – from collection, treatment, and onwards to end markets – in managing the quality of recycled material.”

“In planning for the implementation of the new code of practice guidance, we’ve proactively contacted MRF operators to discuss whether or not the new sampling and reporting requirements apply to their activities. We recognise there will be an ongoing task to ensure that operators that are currently in scope come forward. To help us with this, an assessment process is being developed which will help to identify any non-compliant operators who fail to provide the information required.”

‘Improved levels of transparency’ encouraging

Ray Georgeson, Chief Executive of the Resource Association, said: “We note that SEPA have indicated a commitment to a rapid acceleration of compliance by Scottish MRFs in relation to data provision and hopefully we won’t see a repeat of the sluggish start towards full compliance that we have seen in the implementation of the MRF Regulations in England.

“While much of the provision is very similar to that in force in England and Wales, we are pleased to note the commitments made by the Scottish Government and SEPA to improved levels of transparency around the end destination of recyclate and hope to see more detail soon.”

Read the Scottish MRF Code of Practice.