“Sorting it out”: new recycling rules for waste collectors

To streamline waste collections, the government has introduced a new recycling scheme, “Simpler Recycling which it hopes will improve the often time consuming and confusing recycling system across England.

The aim of Simpler Recycling is to allow for a more uniform approach to recycling, including the ability for waste collectors to co-collect some waste streams by default.

Simpler Recycling applies to recycling collections in England from:

• 31 March 2025 for collections from businesses and relevant non-domestic premises – such as schools and care homes
• 31 March 2026 for collections from households.

It is vital that waste collectors are familiar with the requirements of Simpler Recycling and adhere to its rules. Failure to comply may result in a compliance notice being issued against the waste collector.

What you need to know:

Waste collectors must ensure that:

• Dry recyclable materials (plastic, metal, glass, paper and card) and food waste and residual waste are all collected separately
• Paper and card must be separated from other dry recyclables unless exceptions apply.

Paper and card:

Paper and card must be collected separately from other dry recyclable waste such as plastic, metal and glass unless the following apply:

• Separate collection is not ‘technically practicable’– waste collectors need to show that local circumstances justify combined collection – for example:
  • There is a lack of waste management space
  • There is a lack of space in the street to house more bins.
• Separate collection is not ‘economically practicable’– waste collectors need to show that separate collection would incur excessive costs compared to combined collection – for example:
  • High management / vehicle costs
  • Risk of breaching of one of the waste collector’s contracts and incurring financial penalties.
• Separate collection of waste would provide ‘no significant environmental benefit’– waste collectors should use environmental data to evidence this, such as:
  • Vehicle emissions from collection
  • Quality of materials collected.

Written co-collection assessments:

If any of the three above exceptions apply, waste collectors must complete a written co-collection assessment.

There should be separate written assessments for each different service to which the exceptions apply, unless the reasons for doing so are the same. A record of the written assessment should be kept and it should be reviewed regularly.

Going forward:

We recommend that waste collectors:

• Discuss with their clients the best way to collect their waste. This will help to establish early on whether a written co-collection assessment may be required.
• Consider whether the infrastructure the collector uses, and its internal structures, allow for compliance with Simpler Recycling.
• Review their contracts (existing and proposed) to ensure that compliance with Simpler Recycling will not lead to a beach of the contractual terms.

If you are in doubt about your compliance with Simpler Recycling, or your position under a waste contract, please do contact us here at HCR Law and we would be delighted to assist.