Separate collection of household waste: EPA 1990 s. 45A
English waste collection authorities must collect recyclable household waste separately, each stream separately unless impracticable, and food waste weekly.
45A This section applies in relation to arrangements made under section 45(1)(a) for an English waste collection authority to collect household waste, unless they are arrangements in relation to which section 45AZA applies. The arrangements must meet the conditions in subsections (3) to (8) (subject to any provision in regulations under section 45AZC). The first condition is that recyclable household waste must be collected separately from other household waste. The second condition is that recyclable household waste must be collected for recycling or composting. The third condition is that recyclable household waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6). Recyclable household waste in two or more recyclable waste streams may be collected together where— it is not technically or economically practicable to collect recyclable household waste in those recyclable waste streams separately, or collecting recyclable household waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together). But recyclable household waste within subsection (10)(a) to (d) may not be collected together with recyclable household waste within subsection (10)(e) or (f). The fourth condition is that recyclable household waste which is food waste must be collected at least once a week. Household waste is “recyclable household waste” if— it is within any of the recyclable waste streams, and it is of a description specified in regulations made by the Secretary of State. For the purposes of this section the recyclable waste streams are— glass; metal; plastic; paper and card; food waste; garden waste.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies when an English waste collection authority makes arrangements to collect household waste (unless those arrangements are covered by section 45AZA). It requires the authority to collect recyclable household waste separately from other household waste, and to collect it for recycling or composting. Recyclable household waste is defined as waste that falls within one of six waste streams (glass, metal, plastic, paper and card, food waste, garden waste) and is of a description set out in regulations.
Each recyclable waste stream must be collected separately, but the authority may collect two or more streams together if it is not technically or economically practicable to separate them, or if separate collection would have no significant environmental benefit. However, the four dry recyclable streams (glass, metal, plastic, paper and card) must not be mixed with food waste or garden waste.
Food waste must be collected at least once a week. These conditions are subject to any regulations made under section 45AZC.
When it applies
- A resident puts out a bin containing mixed glass, plastic, and paper; the council must decide if collecting them together is allowed under the technical/economic impracticability exception.
- A local authority collects food waste every fortnight; this provision requires it to be collected at least once a week.
- A council collects food waste together with garden waste; the provision does not forbid that combination, but the authority must assess if separate collection is impracticable.
- A new regulation specifies that plastic bottles are recyclable household waste; the authority must then collect them separately from other waste unless an exception applies.
What this section does not say
- This section does not apply to the collection of commercial or industrial waste; those are governed by section 47.
- It does not set penalties for failing to comply with the separate collection requirements; penalties are dealt with in sections 46A to 46D.
- It does not apply to waste collection authorities in Scotland or Wales; Scotland is covered by section 45C and Wales by section 45B.
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This page reproduces the text of EPA 1990 s. 45A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.