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MF Regulations
& Separate
Collections
Linda Crichton
Improving quality
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Separate collection requirements
Material Facilities (MF) Regulations
These regulations provide a legal as well as a commercial
and environmental context to improving quality of recyclate.
Separate Collections - legislative context
Articles 10 and 11 of the revised Waste Framework
Directive
 The Waste (England and Wales) Regulations 2011
(part 5)
 The Waste (England and Wales) (Amendment)
Regulations 2012
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Article 10 - Recovery
1. Member States shall take the necessary measures to
ensure that waste undergoes recovery operations, in
accordance with Articles 4 [waste hierarchy] and 13
[protect human health and the environment].
2. Where necessary to comply with paragraph 1 and to
facilitate or improve recovery, waste shall be collected
separately if technically, environmentally and
economically practicable and shall not be mixed with
other waste or other material with different properties.
Article 11 - Re-use and recycling
1. ….
Member States shall take measures to promote high quality
recycling and, to this end, shall set up separate collections
of waste where technically, environmentally and economically
practicable and appropriate to meet the necessary quality
standards for the relevant recycling sectors.
Subject to Article 10(2), by 2015 separate collection shall be
set up for at least the following: paper, metal, plastic and
glass
The Waste (England & Wales) Regulations
LAs need to consider both the 2011 Regulations and the
2012 (Amendment) Regulations
 Particularly important are..
– Regulation 12 – Duty in relation to the waste hierarchy
– Regulation 13 (as amended) – duties in relation to the
collections of waste; and the requirement to collect the
four key materials separately
– Regulation 14 – Duty in relation to collected waste; in
relation to keeping the four materials separate from other
waste or other material with different properties
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Regulation 13 (as amended) by the 2012 Regs
(1) This regulation applies from 1st January 2015
(2) Subject to paragraph (4), an establishment or undertaking which
collects waste paper, metal, plastic or glass must do so by way of
separate collection.
(3) Subject to paragraph (4), every WCA must, when making
arrangements for the collection of waste paper, metal, plastic or glass,
ensure that those arrangements are by way of separate collection.
(4) The duties in this regulation apply where separate collection—
(a) is necessary to ensure that waste undergoes recovery operations in
accordance with Articles 4 and 13 of the Waste Framework Directive
and to facilitate or improve recovery; and
(b) is technically, environmentally and economically practicable.”
Some considerations
LAs need to consider the implications of the Regulations
before 1st January 2015
 Commercial/trade waste within scope
 Decision on necessary and practicable is a local one
 Consideration of/ decision on what is practicable needs to
be kept under review
 Decisions need to take account of the waste hierarchy
 Document decision making process and supporting
evidence
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What’s available to help
 EU
Waste Framework Directive guidance
 Waste Network Chairs – developing a ‘Route-Map’
to understanding the regulations
 WRAP pulling together a ‘resource pack’ – signpost
useful information and good practice
MF Regulations
MF Regulations
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Introduced under the Environmental Permitting (E&W)
(Amendment) Regulations 2014
– new Schedule 9a: Materials Facilities
Regulations were laid in February and will come into force
in March (going through final parliamentary processes currently)
Consulted on in 2012/13
Come into effect on 1st October 2014
Build on an industry-led Code of Practice and desire from
the sector for this to be made mandatory
MF Regulations
Key objective is transparent, robust and consistent
information on quality
 Apply to all permitted MFs receiving >1,000tpa of materials
(~170 facilities in E&W)
 Require MFs to routinely sample & test the composition of
– inputs materials (by individual supplier)
– sorted output materials
 Sampling & testing results to be reported quarterly to the
regulator (EA in England)
– 1st reporting period is Oct-Dec 2014
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Mandatory sampling regime
Information to be reported
NB: Data in table is for the purpose of illustration only
Information to be provided (green) - input
NB: Data in table is for the purpose of illustration only
Information to
be provided
(green) - output
NB: Data in table is for the purpose
of illustration only
Guidance documents
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Defra guidance on what MF operators have to do to
comply with the Regulations
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In conjunction with an industry steering group WRAP has
produced good practice guidance on how the samples
can be taken and tested
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Both documents will be available by end of March
Sampling & Testing Guidance - content
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Introduction
Definitions
Overview of the Sampling Requirements (Regulations)
Sampling Options for Inputs and Outputs
Material Testing Procedure
Sampling and Testing Equipment
Sampling and Testing Timing Indicators
Statistical Process Control
Information Required by the Regulators
Enforcement of the Regulations
Staff Training
Health and Safety Considerations
Q&A
Transparency of testing results
Desire for the quarterly testing
results to be fully transparent
 Web-portal being scoped - will
enable stakeholders to view
testing results (by facility and
by supplier)
 Portal to be hosted by WRAP
 Potential also for it to include
information for Wales, Scotland,
NI
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Summary
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Material being measured by all
Audited process
Reprocessors/LAscan have quality
based discussions with MRFs
Incentive for low quality MRFs to
improve
Easier information access on MRF
quality performance
Thank you
Email: [email protected]
MF Regulations.
http://www.legislation.gov.uk/uksi/2014/255/pdfs/uk
si_20140255_en.pdf