Defra ‘fully supports’ separate collection

In a surprise move that appears somewhat at odds with Defra’s interpretation of the EU’s revised Waste Framework Directive (rWFD), Resources Minister Lord de Mauley has written to councils claiming the government ‘fully supports’ the separate collection of waste paper, plastic, glass and metal, as well as indicating that separate collections of recyclables should be the default position for councils to adopt.

This year saw the conclusion of a lengthy judicial review brought against Defra and the Welsh Government regarding their interpretation of a clause in the rWFD calling for separate collections of the aforementioned material streams. The claimants from the Campaign for Real Recycling had hoped the review would deem co-mingled recycling collections illegal, but Sir Gary Hickinbottom found in favour of the government’s interpretation that separate collections are only necessary where they both ‘facilitate or improve recovery’ and are ‘technically, environmentally and economically practicable’.

Speaking after the ruling in March, a Defra spokesperson said: “This ruling shows our interpretation of the revised Waste Framework Directive is right. It recognises that it’s for local authorities to decide, within the law, whether separate recycling collections are necessary and practicable.”

Co-mingling not permissible in all circumstances

In the strongest indication yet that Defra thinks source separation preferable to co-mingling, however, de Mauley has written to local authorities to ‘remind them’ of the effects of the Waste (England and Wales) (Amendment) Regulations 2012.

He wrote: ‘It appears that some local authorities may be taking the view that co-mingled collections of paper, glass, plastic and metal waste streams will remain permissible in all circumstances after 1st January 2015. I therefore thought it would be helpful now to remind local authorities of the effect of the Regulations.’

de Mauley went on to highlight the two conditions that must be met for co-mingling to occur before noting: ‘It is clear that the intention is that these requirements should represent a high hurdle. I am aware that co-mingled metal and plastic are relatively easy to separate at a MRF. However, at present many of our existing MRFs struggle to keep glass shards out of the paper stream. In addition many MRFs produce low quality mixed glass which needs further sorting and can be uneconomic to re-smelt. I look to local authorities actively to address these problems, by the effective implementation of the new regulations and by tackling problems with operating practices.’

The minister also used the letter to throw doubt on the commonly-made argument that residents find co-mingling easier because they can put everything in one bin. He said: ‘Separate collection does not of course mean that each household will need more bins. For example, many areas have kerbside sort systems where materials are sorted before being loaded into the waste collection vehicle. The WRAP website is a useful source of help.’

Local authorities should ‘take care’

In conclusion to the letter, de Mauley notes that local authorities that do not use source-separated collections could find themselves on the wrong side of the law, despite the outcome of the judicial review.

The document concludes: ‘Any local authorities considering new collection or disposal plans should take care to ensure that they are placing themselves in a position to fulfil their legal duties from 2015. This is particularly important for local authorities who may be considering moving away from separate collection, or including glass within a co-mingled stream. Local authorities should consult their own lawyers as necessary, and should keep a clear audit trail given the potential for legal challenge.

‘I am aware that this is a challenging time for local government as budgets reduce and expectations increase. I would urge all local authorities to work more closely with each other to sharpen procurement practices and share both facilities and services where possible.’

A ‘vindication’ for real recycling

Responding to Lord de Mauley’s letter, Mal Williams, Director of Zero Waste Wales, claimed it was a ‘great day’ for high-quality recycling. Highlighting the role recycling can play in the increasingly prominent ‘circular economy’, he called on waste companies and local authorities to set their sights on ‘global sustainability’. 

‘The letter from Lord de Mauley should not be underestimated’, Williams said. ‘It signals that the paradigm shift taking place across the world is finally recognised and embraced by the Westminster government. I am surprised but hugely encouraged and optimistic that this is a truly game-changing event. I would encourage the governments across the UK and the newly emerging resource management companies to offer as much support to the local authority sector as possible. Let’s make sure zero waste means ZERO WASTE – not “Zero Waste to Landfill” as our energy-from-waste enthusiasts in the waste industry would want.’

Williams promised further to ensure ‘that all local authorities and waste (as opposed to resource-recovery) companies adhere to the law as clearly clarified in Lord de Mauley’s letter’, before thanking Lord de Mauley for writing a letter providing the ‘opportunity to consign waste to the past and look to resources in the future’.