What are the consequences of flouting the new rules?

Defra hasn't given specific details on the amount yet, but we know they plan to begin issuing fines for businesses who do not comply with the new Simpler Recycling reforms. 

The first step for breaching the new rules will be to receive a compliance notice from the Environment Agency. If you still fail to adhere to the rules, action may be taken against you in line with the Environment Agency Enforcement and Sanctions Policy. This could lead to further warnings, a fine, or prosecution. The agency usually considers the severity of the violations before taking action.

Do the rules apply to you?

The new Simpler Recycling rules affect any business in England with 10 or more full-time employees and arrangements to comply with them must be in place by 31 March 2025. It means businesses must have separate bins and collections for food waste, cardboard and paper (can be combined), and dry recycling (plastic, metal, and glass, which you can combine). You can no longer throw away any of these materials with general waste. 

The rules apply to businesses regardless of how many employees are on-site at once. For example, if you have two locations with five full-time employees at each, you must still comply with the Simpler Recycling regulations, as you'll have 10 employees in total.

Defra has explained they will issue compliance notices against anyone who is not separating waste in agreement with their waste collector. While this will normally fall under the responsibility of the business as a waste producer, it may also be issued to landlords or facilities management companies that present waste on businesses' behalf.

Mark Hall, waste management expert at BusinessWaste.co.uk, comments:

"While we would never advise businesses to ignore important rule changes like this, we can understand why many are frustrated. Communication from the government has been very poor, with many businesses unaware the changes were even taking place. It's fallen on waste management companies like ourselves to reach out to customers to ensure they don't fall foul of regulations.

"Many businesses have been left in the dark about how the rules work, who they apply to, and even now we don't have clear guidance on how the rules will be enforced and what the exact penalties will be.

"The generic nature of the guidance has left many questioning what changes they need to make. For example, do all offices with ten or more employees now need to instruct workers to take home food waste to avoid adding collection fees? While the new rules will bring undeniable environmental benefits, many businesses feel they are the latest in a line of measures which will only increase operating costs."

More information on Defra's new Simpler Recycling reforms can be found here.