Waste management - code of practice on sampling and reporting at materials facilities: consultation document

4. Questions on section 1: introduction and scope

26. This section provides some detail about the purpose of the Code and sets out who must comply with the Code and what obligations different MF operators have under the Code.

27. Any person authorised to operate a materials facility must comply with the Code as a condition of their authorisation. The new definition of “materials facility” includes sites that bulk waste from more than one supplier, as well as the existing facilities that are already in scope (currently referred to as MRFs). The obligation applies to holders of waste management licences and/or PPC permits, and to any person who is exempt from the requirement to hold a waste-management licence under paragraph 11 and/or 17 of the Waste Management Licensing (Scotland) Regulations 2011.

Q5. Is the draft Code clear about which sites must comply with the Code?

• a. Yes
• b. No
• c. Don’t know

If you answered ‘No’, please provide details of anything that is unclear.

28. Different categories of MF have different obligations under this Code. In particular, an MF that receives or is likely to receive less than 1,000 tonnes of dry recyclable waste (mixed or single stream) in any reporting year does not have any obligations under this Code.

29. Facilities (handling 1,000 tonnes or more) newly in scope because they bulk waste from more than one supplier have input sampling obligations, as well as a range of general reporting obligations and the requirement to report on next and end destination of waste leaving the MF. Facilities in scope of the existing Code have all these obligations, plus output sampling obligations.

30. Facilities that do not fall into either of the categories in paragraph 29 do not have any obligations under this Code.

31. For the definition of “supplier” see section 7 of the draft Code. With the other UK governments, we are currently considering whether household waste recycling centre (HWRC) waste should be sampled and reported separately from waste collected at the kerbside, even when they are from the same local authority. This would improve the consistency of data available for calculating LA disposal costs and ensure the same requirements apply to all sites handling LA HWRC waste, regardless of whether some functions may be undertaken by private operators.

Q6. Is the draft Code clear about the obligations of different sites under the Code?

• a. Yes
• b. No
• c. Don’t know

If you answered ‘No’, please provide details of anything that is unclear.

Q7. Do you agree with the proposed approach to HWRC waste?

• a. Yes
• b. No
• c. Don’t know

If you answered ‘No’, please give your reasons.

32. We wish reporting under this new Code to begin from 1 October 2024 to help inform disposal cost calculations for packaging EPR from 2025 onwards. This is in line with the England and Wales regulations. As set out in paragraphs 13 and 14, our intention to introduce these new reporting requirements has been public since March 2022. However, we recognise that some facilities, especially those newly in scope, may take some time after the publication of the new Code (intended for June 2024) before being ready to comply. We would welcome MF operators’ views on the likely implementation time.

Q8. When do you expect to be ready to comply with the new Code?

• a. 1 October 2024
• b. Six months from publication (end December 2024)
• c. Twelve months from publication (end June 2025)
• d. More than twelve months from publication
• e. Don’t know