Materials facilities: waste sampling and reporting from October 2024

WhoWhich ismaterials affectedfacilities fromare Octoberin 2024scope

From October 2024, many materialswaste facilities (MFs) will be required to act under the regulations for the first time. The amended regulations bring into scope facilities which receive single waste streams, and facilities which consolidate waste material into bulk quantities. You will be required to self-assess whether you are a Materials Facility (MF) under the regulations.

ThisYour includesfacility MFs(or part of your facility) may be classed as a MF that:if you:

• hold a permit under the Environmental Permitting (England and Wales) Regulations 2016
• receive and managehandle atwaste leastclassed 1,000as tonneswaste ofmaterial
• consolidate householdwaste material into bulk quantities from multiple suppliers - for example, bulking or transfer stations
• sort incoming waste material into specified output materials, such as aluminium cans or cardboard

Your facility (or household-typepart waste)of a year,facility) includingwill singlenot be considered a MF if:

• you only receive waste streamsmaterial from a single supplier and do not separate the material into specified output materials
• it is provided or arranged by a waste alreadydisposal separatedauthority at(WDA) collectionunder section 51(1)(b) of the Environmental Protection Act 1990 (1990 Act) to allow residents in its area to deposit their waste. For example, a household waste recycling center
• consolidateyour facility solely undertakes the processing or ‘bulk’sorting of waste (forelectrical example,and bulkingelectronic equipment (WEEE), waste batteries or transferaccumulators. stations)Where fromthese multipleactivities suppliersare undertaken in part of your facility only, this part of the facility will not be considered a MF.
• your facility solely undertakes the processing and sorting of residual waste. Where these activities are undertaken in part of your facility only, this part of the facility will not be considered a MF

Examples of materials facilities

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 stations (WTS) that receive waste material to consolidate or sort into specified output materials,materials
• facilities receiving and sorting single streams such as aluminiumpaper cansand card
• facilities consolidating waste material received from 2 or cardboardmore suppliers into bulk outputs

Facilities not likely to be considered MFs willinclude:

• facilities needsuch toas self-assesscommercial toand findindustrial outMRFs ifthat consolidate and sort commercial and industrial wastes, unless the regulationscommercial applywaste tomeets them.

  Notifyingthe definition of waste material

• MRFs or parts of MRFs sorting only residual waste (‘dirty’ MRFs)
• mechanical biological treatment (MBT) facilities, unless they accept material that meets the regulator

  Ifdefinition you’reof anwaste MFmaterial operatorand affectedundertake forMRF operations on part of the firstsite

• refuse timederived infuel October(RDF) 2024,including solid recovered fuel (SRF) production facilities
• MRFs sorting materials from construction and demolition waste

What counts as waste material

The material you willreceive needis likely to notifybe considered waste material under the regulatorregulations inif writing.it Themeets regulatorthe is:following criteria:

• theit’s Environmentfrom Agencya ifhousehold you’resource or it’s from a non-household source and is similar to household waste in Englandnature or composition
• Naturalit Resourceswas Walesseparately ifcollected you’refor inthe Walesprimary 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, plastic, or fibre-based composite materials

What counts as specified output material

You’llYou needmay tobe self-assessproducing at‘specified output material’ if you sort the startincoming waste into separate waste material streams.

These outputs may include single or multiple streams and include any or all of everyglass, 3-monthmetal, reportingpaper, period.card, plastic and fibre-based composite material.

You’llItems needthat towould notifynormally thebe regulatorremoved atbefore sorting the endwaste ofare yournot firstconsidered 3-monthspecified reportingoutput periodmaterial if– bothfor ofexample, large or heavy items that could damage sorting equipment or impact the sorting process.

What counts as a supplier

The following apply:may be considered suppliers to your facility:

• a waste collection authority (WCA), including where the WCA outsources their waste collection functions under section 45(1)(a) or (b) of the 1990 Act to another organisation
• the operator of another MF who transfers waste material to your typefacility from their facility
• if not a WCA or an operator of a MF, isa includedperson inor theorganisation regulationswho forhas collected the firstwaste timematerial and delivered it to your facility
• if not a WCA or an operator of a MF and the collector is not known, a person or organisation who has delivered the waste materials to your assessmentfacility

Where showsWCA you’rewaste, likelycollected under section 45(1)(a) or (b) of the 1990 Act, is sent to receivea MF via a minimumwaste oftransfer 1,000station, tonnesthat is not a MF under the regulations, the supplier is the WCA. This includes where the WCA outsources their waste collection functions under section 45(1)(a) or (b) of the 1990 Act to another organisation.

Where waste material is received from facilities such as household orwaste household-typerecycling centres, that are not defined as a MF under the regulations, the supplier is the organisation who has collected the waste material and delivered it to the MF.

Where waste is received from 2 separate MFs (as defined in the nextamended 12regulations) monthswith the exact same operator, the supplier would be the same for both MFs.

Assessing whether you are a materials facility

You should first time.check if you receive waste material. If you do not, you are likely not a MF.

If youryou quarterlyreceive self-assessmentwaste showsmaterial, thatthen you’reconsider nowhether longeryou prepare the incoming waste material for recycling or reuse. This includes sorting the waste material into specified output materials or consolidating waste material from multiple suppliers into common bulked quantities. If you do either, you are likely toa receiveMF.

You atare leastprobably 1,000not tonnesa ofMF if both the following apply:

• only consolidate waste overmaterial from a single supplier into bulked outputs
• do not prepare the nextmaterial 12for months,recycling or reuse

When you must tellnotify the regulator that you are noa longerMF

If affectedyou byare a MF, you must assess how much waste material you are likely to receive during the regulations.next 12 months.

Reporting periods

ThereDo arethis 4at reportingthe periodsstart inof aeach year.3 Theymonth reporting period. The reporting periods are:

• 1 January to 31 March
• 1 April to 30 June
• 1 July to 30 September
• 1 October to 31 December

Materials

As facilitiespart thatof remainthis outsideassessment you must consider the regulations

amount of waste material received in the previous 12 months.

MFsYou aremust outsidenotify the regulationsregulator in writing if anyyou are likely to receive 1000 tonnes or more of waste material in the followingnext apply:12 months. Do this before the end of the reporting period in which you made the assessment.

• they

  In onlyEngland, dealthe withregulator wasteis electricalthe goods

• theyEnvironment onlyAgency.

  In Wales the regulator is Natural Resources Wales.

  You will need to meet the regulatory requirements for the reporting period in which you notified.

  You do not need to notify again unless you decide to withdraw your notification.

  When you should withdraw your notification to the regulator

  You must assess whether you continue to meet the notification criteria before each reporting period.

  If you believe that you will receive andless consolidatethan 1,000 tonnes of waste frommaterial onein supplierthe (fornext example,12 onemonths, localyou authority’smust waste)

• theywithdraw areyour facilitiesnotification provided(also known as denotifying) by councilswriting forto the recyclingregulator. You will then no longer be a notified MF, so would have no sampling, recording or reporting obligations during this period. However, you must continue to assess whether you meet the notification criteria before each reporting period and disposalif you do, renotify with the regulator as a MF.

  Example of notifying and withdrawing notification

  A materials recovery facility, MRF A, typically receives 700 tonnes per annum of household waste (formaterials example,from household2 waste recyclingcollection centres)

authorities, WCA 1 and WCA 2.

What

MRF A does not need to measurenotify andthe recordregulator as a MF because the total annual waste input to its facility is under 1,000 tonnes.

A neighbouring MRF, MRF B, accepts waste from OctoberWCA 2024

3 and WCA 4. It has an outage between April and August of that year, so WCA 3 and WCA 4 temporarily send some of their waste material to MRF A during that period.

DuringThis everyadds 3-monthan additional 800 tonnes to MRF A’s input, so its annual input tonnage rises to 1,500 tonnes.

For the reporting period,periods MFsstarting 1 April and 1 July, MRF A will need to notify as a MF.

When MRF B resumes operations in September, MRF A stops receiving inputs from WCA 3 and WCA 4. Its annual input tonnage goes back to 700 tonnes. For the reporting period starting 1 October, MRF A will need to withdraw its notification as a MF in writing to the regulator.

When and what you must sample and measure

If you notify as a MF, you may be required to conduct input sampling, output sampling and record:measurement of the waste material you process. This depends on the activities you undertake on the waste material.

There is separate guidance on developing a suitable sampling methodology, which includes information on methods, considerations, tools and measurement.

Sampling and measuring are required when you undertake the following activities in processing waste material:

• weightconsolidation of totalincoming waste material received from eachdifferent suppliersuppliers (inputinto material)a combined or bulked output
• nameseparation andof addressincoming ofwaste thematerial supplierinto ofspecified eachoutput loadmaterials
• date

You eachmust supplier’salso loadestablish waswhether receivedyou need to conduct:

• only input sampling
• weightinput and output sampling

Input sampling is sampling and measuring of incoming waste material leavingfrom one or more suppliers.

Output sampling is sampling of any specified output material produced by your MF.

Sampling if you receive waste material from a single supplier

If you only consolidate the sitewaste (outputmaterial material),you receive from a single supplier into bulk quantities with no subsequent separation into specified output materials, you are not a MF. You do not need to sample.

If you separate the datewaste itmaterial leavesfrom the single supplier into specified output materials, then you will need to sample both inputs and itsoutputs.

Sampling destinationif you receive waste material from multiple suppliers

If you only consolidate the materials from different suppliers into a common bulked output, only conduct input sampling. Do this before consolidation.

If you separate a supplier’s waste into specified output materials, you’ll need to undertake both:

• input sampling
• output sampling measurements for inputeach materialsspecified and,output ifproduced necessary,from outputseparation materialsactivities

ThisIf informationyou mustneither beseparate reporteda tosupplier’s regulatorswaste atinto thespecified endoutput materials nor consolidate their incoming waste with that of theother reportingsuppliers, period.you do not need to conduct input or output sampling on that supplier’s waste.

Input

For example, you may consolidate one supplier’s waste into bulk quantities, without mixing it with inputs from other suppliers. There is no need for input or output sampling

for that supplier.

Input onesampling, 60kgmeasuring, sampleand forrecording

As everya 75notified tonnesMF, ofyou wastemust receivedsample, frommeasure and record information by individual supplier in each supplier.reporting period.

You willmust need to measure and record:

• the compositiontotal weight in tonnes of input waste material for each samplesupplier during each reporting period
• the totalname numberand address of samplesthe takensupplier from(or of each suppliersupplier) for each batch of material
• the totaldate on which the batch of material was received, from which a sample has been taken

If your MF does not have an on-site weighbridge, you may develop your own methodology to measure and record the weight inof kgincoming waste material. For example, your methodology may be based on Duty of allCare documentation or the samplesdata fromprovided by your individual suppliers.

The approach you follow must be detailed in your sampling methodology, which must be made available to the regulator when requested.

If you identify the need for input sampling, you must record the following for each supplierinput sample:

• its composition in relation to the amountinput sampling categories
• details of each materialsupplier typefrom aswhose ainputs proportionthe sample was taken
• total weight in kilograms of each sample
• date the sample it’swas parttaken
• details of the sampling methodology used to take a representative sample

In addition to measuring and recording the above, you will need to report:

• the proportiontotal number of samples taken for each supplier
• the total weight of all samples

See the ‘reporting’ section for more information on your reporting requirements.

Input sample size and frequency

An input sample must be taken for every 75 tonnes of incoming waste material typereceived (excludingfor glass)each identifiedsupplier asin packaginga orgiven drinksreporting containersperiod.

The thatsamples aremust partmeet the following requirements:

• the minimum weight of each sample is 55kg
• the depositaverage returnweight schemeof (DRS) all samples taken should be at least 60kg

Categories

If ofyou receive combined input material from more than one supplier - for example, 2 waste collection authorities - you should identify the proportion of material

from each supplier. Use this split to calculate the number of samples you should take for each supplier.

Where identifying a proportional split by supplier is not possible, estimate the proportion. You willmust record the methodology for estimating the split in your sampling methodology.

Input sampling categories

You need to identifymeasure the wastecomposition withinof aall samplethe assamples beingtaken inagainst onespecific categories. You must measure and record the weight of 3all categories ofidentified material:in kilograms.

You must measure all input samples to identify whether the material is:

• target material
• non-target –material
• non-recyclable material

Target thatmaterial needsrefers to beone separatedor outmore fromkind otherof materials identified by you, as the operator of a MF, as destined for:

• separation from waste material orreceived
• consolidation consolidatedto intoproduce bulk quantities of athe specificidentified material
• non-target

Non-target material –is material that canmay be recycledrecyclable but willis not beidentified separatedas ora consolidated

non-recyclabletarget material –by you as the operator of the MF.

Non-recyclable material is waste material that currently cannot be recycled

viably recycled.

10

You inputshould materialidentify types

Fromwhat Octobermaterials 2024,fall wasteinto materialeach category within ayour samplewritten mustsampling bemethodology.

10 identifiedinput asmaterial onetypes

For each category of 10target, inputnon-target materialand types.non-recyclable (Currentlymaterials, thereyou aremust 4identify types.)

Theand 10measure typesthe proportions of inputthe following material fromin Octobereach 2024 are:sample:

• glass
• aluminium
• steel
• paper
• card
• plastic bottles
• plastic pots, tubs and trays
• film or other flexible plastic
• other plastic
• fibre-based composite material

Packaging

Fibre-based composite material is a category of packaging material that is typically made of paperboard or paper fibres and depositlaminated returnwith schemeplastic. (DRS)It may also have layers or the presence of other material forming a single unit that cannot be separated by hand.

Packaging materials

InFor youreach inputcategory of target, non-target and outputnon-recyclable sampling,materials, you must also identify and measure the proportions of packaging items (except for glass unless it is specifically required by the regulator).

‘Packaging’ means any product for containing, handling, delivering and recordpresenting both:goods. It can include:

• primary packaging
• secondary packaging
• tertiary packaging
• shipment packaging

Primary packaging is used for packaging individual sales units, typically at the proportionpoint thatof purchase and sold to the consumer.

Secondary packaging is used for grouping a number of individual sales units. It can be sold to the consumer or used for restocking shelves. It can be removed from the product without affecting its characteristics.

Tertiary packaging is used for grouping and protecting sales units or secondary packaging units for handling and transportation. It excludes packaging used for road, rail, ship or air containers.

Shipment packaging is additional packaging for online or mail order sales. It’s likely to be delivered to or collected by the consumer.

You do not need to measure the proportions of the different types of packaging listed above, just the total proportions of items by material type that are packaging.

Drinks containers

For each category of target, non-target and non-recyclable materials, you must also separately identify and measure the proportions of drinks containers, as a category of packaging.

Drinks containers include bottles and cans that:

• are made entirely or mainly from steel, aluminium or polyethylene terephthalate (PET) plastic
• are made to hold between 50 millilitres and 3 litres of liquid
• come into direct contact with the proportiondrink thatinside
• are isdesigned DRSto packagingbe airtight and watertight when they’re supplied
• are not made for reuse or refilling

GlassAdditional packagingsampling andof DRS glass packaging

You do not need to routinely measure and record whether glass packaging.in a sample is packaging or not.

However, regulators can request input and output sampling of glass packaging. They will have to:

• give MFs at least 4 weeks’weeks notice before the start of the reporting period in which measurements will be taken
• specify the minimum number of samples you need to take for these measurements for each supplier

Material particles

MFsYou willmust needseparately toidentify keepand recordsmeasure any material particles in your input samples.

The following may be considered material particles in waste material:

• for material types other than glass, particles of that material measuring less than 55 millimetres along their methodologieslongest whendimension
• for takingmaterial andwith a majority proportion of glass, glass particles measuring samples.less Thisthan is13 millimetres along their longest dimension

You will need to makeidentify surethe thattotal samplesweight accuratelyof reflectmaterial particles in your sample.

You need to calculate the composition of the overallmaterial wasteparticles material.based on the composition of the remaining non-particle contents of the sample. This includes proportions within the non-particle contents of:

Output

• target, sampling

MFsnon-target thatand sortnon-recyclable packagingmaterial

glass, wastealuminium, intosteel, specifiedpaper, outputcard, plastic, plastic bottles, plastic pots, tubs and trays, film or other flexible plastic, fibre-based composite material

packaging willmaterials needand todrinks recordcontainers

You must divide the gradetotal weight of the specifiedmaterial outputparticles material,using withthe referencenon-particle tocontent proportions recorded for that sample.

Output bemeasurement, basedrecording and sampling

As a MF, you must measure and record information regarding all output material that leaves your facility in each reporting period.

There is separate guidance on polymers,developing sucha assuitable colouredsampling highmethodology, densitywhich polyethyleneincludes (HDPE)information bottles.on methods, tools and measurement.

AfterThis gradingincludes theall material,materials MFsidentified willas needtarget, tonon-target, takenon-recyclable aand sample,any thenother measurewaste material.

The following information should be measured and record:recorded in each reporting period:

• the total numberweight in tonnes of allwaste samplesmaterial takenthat has been identified and kept separate and will be transferred to another MF or person for the purpose of recycling or reuse
• total weight in atonnes of specified output materials leaving the MF in the given reporting period
• the total weight in kgtonnes of all samplesother takenmaterial leaving the MF in athe given reporting period
• relevant details such as name and address of the destination where all the materials are sent
• the date sampleon which the material was takensent from the facility
• whethertotal weight in tonnes and grade of specified output material (such as aluminium, steel, glass where appropriate) that make up the batch of specified output material
• any isother target,identifying non-targetdetails of the batch of specified output material, such as batch or non-recyclablebale numbers where these are provided

If you have to conduct output sampling on specified output materials, record the following for each output sample you take:

• proportionsdate sample was taken
• the details of packagingthe andbatch DRSof specified output material each sample was taken from
• measurements of composition by the categories each sample is identified against
• details of sampling methodology used, to show how MFs ensure samples accurately reflect the composition of the total waste material

Frequency

In addition to measuring and sizerecording ofthe sampling

Theabove, frequencyyou andwill sizeneed to report:

• the total number of samplingsamples dependstaken onfor theeach batch of specified output material.material
• the Whentotal thereweight arein 2kg orof moreall materialssamples in a specifiedreporting output,period

See use the frequency‘reporting’ section for more information on your reporting requirements.

Frequency and size of theoutput materialsampling

If thatyou hasneed theto lowestconduct figureoutput insampling, theyou minimummust frequencytake columnsamples of all the table.

Examples:

• aspecified mixtureoutput ofmaterial plasticproduced andduring aluminiumeach wouldreporting needperiod. aAny frequencyoutputs ofcontaining everymultiple 15streams tonnes,will andalso aneed to be sampled.

  Frequency of sampling and sample size ofvary 20kg

• adepending mixtureon the type of steelmaterial andwithin glassa wouldspecified needoutput.

  The aminimum sampling frequency ofand everysamples 20size tonnes,for anddifferent amaterial sampletypes sizeare ofpresented 10kg

in this table.

Specified output material	Minimum frequency	Weight of sample
Glass	Once for every 50 tonnes	10kg
Paper and card	Once for every 60 tonnes	50kg
Metal (aluminium, steel or both)	Once for every 20 tonnes	10kg
Plastic	Once for every 15 tonnes	20kg
Fibre-based composites	Once for every 60 tonnes	50kg

Reporting

When there are 2 or more materials in a specified output, use the frequency and size of the material that has the lowest figure in the minimum frequency column of the table.

For example:

• a mixture of plastic and aluminium would need a frequency of once for every 15 tonnes, and a sample size of 20kg
• a mixture of steel and glass would need a frequency of once for every 20 tonnes, and a sample size of 10kg

Output sampling categories

As a minimum, you must identify and record the grade of glass, aluminium, steel, paper, card, plastic or fibre-based composite material making up the specified output materials produced in the MF.

Grade of material describes the particular material specification of that material type.

For example, you may identify different grades of the following material using physical or chemical characteristics as follows:

• grades of glass may be based on colour such as clear glass or mixed coloured glass
• grades of plastic may be based on polymers including natural high density polyethylene (HDPE) bottle, coloured HDPE bottles, or clear PET bottle

You must:must sample and measure each batch of specified output material to identify:

• reporttarget allmaterial
• non-target material
• non-recyclable material

You must measure and record the measurementsweight of all categories identified, including packaging and recordsdrink takencontainer duringproportions in kilograms.

Packaging and drinks containers

For each category of target, non-target and non-recyclable materials, you must measure and record the 3-monthproportions reportingof:

• packaging perioditems, except for glass unless specifically required by the regulator
• reportdrinks atcontainers

Additional sampling of glass packaging

Requirements for additional sampling of glass packaging are similar to the endinput sampling rules. The minimum number of eachoutput reportingsamples periodyou need to take for these measurements will be specified by the written notice from the regulator.

Material particles

You must separately measure and record any material particles in anyour electronicoutput samples.

Follow the sampling and measuring rules given under input sampling to calculate proportions.

Visual detection and recognition technologies

Emerging technologies are increasingly enabling the automation of certain aspects of MF operations, including identification and sorting of waste material.

Visual detection and recognition technologies, including artificial intelligence (AI), can enable the automation of sampling and you may choose to use them for testing samples. However, you must:

• fulfil the requirements of the regulations, including meeting the sampling frequency, minimum sample weight requirements and ensuring that samples are representative
• report any measurements in a format providedspecified by the regulator
• make available to the regulator, on request, evidence of the reliability of results by demonstrating that the sample measurements are at least as accurate as would be expected if measuring was done by hand
• ensure details of any technology used and details of the evidence you hold to demonstrate its accuracy and reliability are included within your written sampling methodology and are made available to the regulator on request. You are reminded that permit compliance remains the responsibility of the permit holder irrespective of any third party contractual arrangements which may be in place regarding the technologies used

Reporting

If you have notified as a MF, you should submit reports to the regulator electronically, in a form specified by the regulator, within one month of the end of the reporting period.

For example, reports for the period commencing 1 January to 31 March must be submitted by 30 April.

The reports should as a minimum include all relevant recorded information about the materials facilities’ total incoming and outgoing waste material, suppliers and destinations.

If you identify that you need to conduct input or output sampling on waste material, you must also report information about:

• any samples you take for incoming and outgoing material in a reporting period, including the total number of samples taken for each supplier or each batch of specified output material
• keepthe recordstotal weight in kg of all samples for each supplier or each batch of specified output material
• all measurements recorded as part of any input or output sampling you conduct

All information recorded:

• before 1st October 2024 should be retained for a minimum of 4 years from the date that it was first recorded
• after 1st October 2024 should be retained for a minimum of 7 years from the date that it was first recorded

Compliance monitoring and enforcement of measurementsthe takenregulations

The environmental permit conditions imposed by the regulations will be enforced by the national environmental regulator. Once notified as a MF, you must comply with the sampling, recording and reportsreporting produced,requirements as specified in the regulations.

Regulators will monitor your compliance with sampling, recording and presentreporting themrequirements ifthrough requireda number of compliance activities which may include:

• announced and unannounced audits carried out by visits to facilities, including the regulatorinspection of activities and relevant documentation
• virtual or remote audits
• desktop audits of data submissions

Audits will focus on:

• how samples are taken
• whether samples are representative and follow the written methodology
• assessment of the recorded and reported data

Audits will not consider how operators of MFs can improve quality specified output material produced from material separation processes.

Additional compliance activities may be undertaken based on intelligence and outcomes of previous audits.

Audits may be combined with compliance monitoring of other waste regulations for example, Duty of Care and Transfrontier Shipments of wastes, as well as wider permit compliance.

The regulator will employ the enforcement powers available to them under the Environmental Permitting Regulations in England and Wales.

Non-compliance, including where operators have failed to notify as required, may be subject to enforcement action in line with the enforcement policy of the respective regulator.