Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, with reference to her Department's guidance entitled Simpler recycling: workplace recycling in England, published on 29 November 2024, whether (a) waste collection businesses, (b) local authorities and (c) businesses will be fined if recyclable material is (i) intentionally and (ii) unintentionally placed in residual waste office bins.

The Environment Agency (EA) is the regulator for Simpler Recycling for Non-Household waste and are committed to supporting businesses – both waste producers and collectors – in understanding their duties. As a Regulator they are required to have regard to the Regulator’s Code which requires them to support growth, engage with business, take a risk-based and proportionate approach to regulation, and to help those they regulate get it right.

Where contamination is identified, the EA will take a pragmatic and proportionate approach to enforcement, providing advice and guidance in the first instance. To take enforcement action (in accordance with their enforcement and sanction policy) the EA would need to be satisfied that an offence had been committed. Where this is identified, a compliance notice would be served and further non-compliance could be pursued as a criminal offence through the courts. The EA does not have power to serve a fixed penalty notice (i.e. civil sanctions).