Environmental Permitting (England and Wales) (Amendment) Regulations 2023: Difference between revisions

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[[Category: Legislation & Policy]]
[[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>.
These Regulations entered into force on 2nd October 2023 and amend the [[Environmental Permitting (England and Wales) Regulations 2016]] in respect to Sch 2 Part 9 relating to Waste Operations and Material Facilities.  


== Which material facilites are in scope<ref name=":0" group="gov.uk" /> ==
From October 2024 these amended [[MRF Regulations]] brought 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 which consolidate [[Waste|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">https://www.gov.uk/guidance/materials-facilities-waste-sampling-and-reporting-from-october-2024</ref>.
A facility (or part of a facility) may be classed as a MF if you:


* hold a [[permit]] under the [[Environmental Permitting (England and Wales) Regulations 2016]]
These new  [[MRF Regulations]] also increased the frequency of sampling from 125 tonnes previously to every 75 tonnes (per supplier). the sample weight does however remain at 60kg (minimum weight 55kg)<ref name=":0" />.
* 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
The number of input sampling categories also increased from four to ten and material facilities now need to record where the waste material is from.
* 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 MRFs that consolidate and sort 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|MBT]]) facilities, unless they accept material that meets the definition of waste material and undertake 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
* 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 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 recycing
 
== Input sampling, measuring and recording<ref name=":0" group="gov.uk" /> ==
As a MF receiving 1,000 tonnes or more of 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 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 i'''nput 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 alos need to report:
 
* the total number of samples taken for each supplier
* the total weight of all samples
**


[[Packaging]] and [[Deposit Return Scheme|deposit return schemes]] [[(DRS)]] material proportions must also be sampled and reported.


==References==
==References==
<references />

Latest revision as of 15:03, 27 March 2025


These Regulations entered into force on 2nd October 2023 and amend the Environmental Permitting (England and Wales) Regulations 2016 in respect to Sch 2 Part 9 relating to Waste Operations and Material Facilities.

From October 2024 these amended MRF Regulations brought 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 which 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[1].

These new MRF Regulations also increased the frequency of sampling from 125 tonnes previously to every 75 tonnes (per supplier). the sample weight does however remain at 60kg (minimum weight 55kg)[1].

The number of input sampling categories also increased from four to ten and material facilities now need to record where the waste material is from.

Packaging and deposit return schemes (DRS) material proportions must also be sampled and reported.

References