The Environmental Permitting (England and Wales) Regulations 2016

CHAPTER 2E+WMeasurement and reporting requirements for materials facilities

Input materialE+W

4.—(1) The operator of a materials facility must measure the total weight in tonnes of mixed waste material received at that facility, from each supplier, during each reporting period.

(2) The operator of a materials facility must take samples of the mixed waste material received at that facility, from each supplier, during each reporting period, except where that material is to be transferred to another materials facility for the purpose of separating it into specified output material, and measure the composition of those samples.

(3) For the purposes of sub-paragraph (2), one sample must be taken for every 125 tonnes of mixed waste material received at the materials facility from each supplier.

(4) The total weight of all the samples taken for the purposes of sub-paragraph (3) must provide an average weight of 60kg or more per sample, and each sample taken must not weigh less than 55kg.

(5) For the purposes of sub-paragraph (2), measuring the composition of a sample taken means identifying the materials comprising that sample by reference to—

(a)the types of target material, non-target material and non-recyclable material that is contained in the sample, and

(b)the weight in kilograms of each type of target material, non-target material and non-recyclable material that is so identified.

(6) Target material that is identified in a sample taken for the purposes of sub-paragraph (2) must, as a minimum, be separately identified by reference to the following materials—

(a)glass;

(b)metal;

(c)paper;

(d)plastic.

(7) If the sample taken under sub-paragraph (2) contains material particles, they are deemed to comprise the proportions of target materials, non-target materials and non-recyclable materials already identified as making up the other contents of that sample, and the weight of the material particles must be apportioned according to those proportions for that particular sample.

(8) For the purposes of this paragraph, in relation to a batch of mixed waste material received at a materials facility—

(a)where that batch comprises material collected pursuant to arrangements made by a waste collection authority under section 45(1)(a) or (b) of the 1990 Act, that authority is the supplier;

(b)where that batch has been transferred from another materials facility, the material facility from which that material was transferred is the supplier;

(c)in a case not falling within paragraph (a) or (b), the person who collected the material or, if that person is not known, the person responsible for delivering it to the materials facility is the supplier;

(d)where the batch comprises material from more than one supplier, and the proportion of that batch attributable to a particular supplier cannot reasonably be ascertained, an estimate of the proportion is sufficient.

Output materialE+W

5.—(1) Apart from the mixed waste material mentioned in sub-paragraph (2) and the specified output material mentioned in sub-paragraph (3), the operator of a materials facility must measure the total weight in tonnes of all other waste material that leaves the facility in each reporting period.

(2) The operator of a materials facility must measure the total weight in tonnes of all mixed waste material that leaves the facility in each reporting period to be transferred to another materials facility for the purpose of separating that material into specified output material.

(3) The operator of a materials facility must measure the total weight in tonnes of specified output material that leaves the facility in each reporting period.

(4) The operator of a materials facility must take samples of the specified output material produced at that facility in a reporting period and measure the composition of those samples.

(5) For the purpose of fulfilling the requirements in sub-paragraphs (3) and (4), the specified output material must, as a minimum, be identified by reference to the grade of glass, metal, paper or plastic material making up each batch of specified output material.

(6) For the purpose of sub-paragraph (4), measuring the composition of a sample taken by the operator means identifying the materials comprising that sample, by reference to—

(a)the type of target material, non-target material and non-recyclable material that is contained in the sample, and

(b)the weight in kilograms of each type of target material, non-target material and non-recyclable material that is so identified.

(7) The samples mentioned in sub-paragraph (4) must be taken at a minimum frequency of once per the amount in tonnes that is specified in the second column of the following table, in relation to the type of target material that is mentioned in the first column—

Target materialAmount
Glass50 tonnes
Paper60 tonnes
Metal20 tonnes
Plastic15 tonnes

(8) The minimum weight of any sample taken for the purposes of sub-paragraph (4) is—

(a)10kg in relation to glass target material,

(b)50kg in relation to paper target material,

(c)20kg in relation to plastic target material, and

(d)10kg in relation to metal target material.

(9) For the purposes of sub-paragraph (5), the grade of a material means a description of that kind of material by reference to its particular material specification.

(10) If the sample taken under sub-paragraph (4) contains material particles, they are deemed to comprise the proportions of target materials, non-target materials and non-recyclable materials already identified as making up the other contents of that sample, and the weight of the material particles must be apportioned according to those proportions for that particular sample.

RecordsE+W

6.—(1) The operator of a materials facility must record the following information—

(a)the measurements taken under paragraph 4(1);

(b)details of all the samples taken under paragraph 4(2) including the weight of each sample and its composition;

(c)the measurements taken under paragraph 5(1) and details of where the other waste material that leaves the facility in each reporting period is sent;

(d)the measurements taken under paragraph 5(2) and details of where the mixed waste material that leaves the facility in each reporting period is sent;

(e)the measurements taken under paragraph 5(3) and details of where the specified output material that leaves the facility in each reporting period is sent;

(f)details of all the samples taken under paragraph 5(4) including the weight of each sample and its composition;

(g)details of the amount in tonnes of specified output material that is produced by the materials facility in a reporting period, by reference to the grade of glass, metal, paper and plastic target material that makes up that batch of material.

(2) The information recorded under sub-paragraph (1) must—

(a)be retained by the operator of a materials facility for a minimum of 4 years from the date that it is first recorded, and

(b)be produced for inspection by the regulator if required during those 4 years.

Reports to the regulatorE+W

7.—(1) The operator of a materials facility must provide a report to the regulator that includes the information set out in sub-paragraphs (3) and (4).

(2) The report mentioned in sub-paragraph (1) must be—

(a)produced in electronic format, and

(b)submitted to the regulator in respect of a reporting period within 1 month of the expiry of that period.

(3) The following information must be provided for all mixed waste material that is received by the materials facility during a reporting period—

(a)the measurements taken under paragraph 4(1);

(b)the total number of all samples taken for each supplier under paragraph 4(2);

(c)the total weight in kilograms of all the samples taken for each supplier under paragraph 4(2);

(d)the average percentage composition levels of all of the samples taken under paragraph 4(2) for each supplier, by reference to the following target materials—

(i)glass;

(ii)metal;

(iii)paper;

(iv)plastic;

(e)the average percentage composition levels of each of the following categories of material found in all the samples taken for each supplier under paragraph 4(2)—

(i)target materials;

(ii)non-target materials, and

(iii)non-recyclable materials;

(f)the standard deviation of the average percentage composition levels for the target materials found in all the samples taken for each supplier under paragraph 4(2).

(4) The following information must be provided in respect of specified output material that leaves the materials facility during a reporting period—

(a)the measurements taken under paragraph 5(1) and details of where the other waste material is sent in a reporting period;

(b)the measurements taken under paragraph 5(2) and details of where the mixed waste material is sent in a reporting period;

(c)the measurements taken under paragraph 5(3);

(d)the total number of all samples taken under paragraph 5(4);

(e)the total weight in kilograms of all the samples that are taken under paragraph 5(4);

(f)the average percentage composition levels of all of the samples taken under paragraph 5(4), by reference to the grades of glass, metal, paper and plastic identified within those samples;

(g)the average percentage composition levels of each of the following categories of material found in all the samples taken under paragraph 5(4)—

(i)target materials;

(ii)non-target materials, and

(iii)non-recyclable materials;

(h)the standard deviation of the average percentage composition levels for the target materials found in all the samples taken under paragraph 5(4).

(5) In this paragraph, “average” means the arithmetic mean.