Workplace Recycling: Compliance and Enforcement
What if our customers use the bins incorrectly?
If your customers fail to use the recycling bins properly, despite your best efforts to set up a compliant waste separation system, you won’t be held automatically liable for their actions. According to the Environment Agency, enforcement in such cases will be reasonable and take into account the specific context of each situation. As long as your business or non-domestic premises has taken all practical steps to provide appropriate facilities and signage to support proper recycling behaviour, the response from regulators will reflect this good-faith effort.
In most cases, the Environment Agency’s first course of action would be to engage with your organisation and help find constructive solutions to improve compliance. If you’re encountering ongoing issues with misuse of bins by customers, it is advisable to speak to your waste management provider. They may be able to recommend practical adjustments – such as clearer signage, changes to bin placement, or public awareness materials – to mitigate the problem.
Importantly, your staff are not expected to manually remove contaminants from heavily mixed waste. The Separation of Waste (England) Regulations 2024 explicitly allow for contaminated recyclables to be excluded from recycling if separation is no longer practical (see Section 3(4b) of the legislation). In such cases, these materials should be managed as general waste instead.
The Environment Agency will take this provision into account as part of their proportionate approach to enforcement. If your waste streams are being contaminated regularly by third-party users such as customers or visitors, document the steps you’ve taken to prevent this. Keeping records of signage, bin instructions, and employee training can be helpful in demonstrating your compliance.
For further practical guidance tailored to different business sectors, visit the WRAP website: Business of Recycling.
I have no room for bins so I have bag collections. Do I still need to comply with the different streams when I have bag collections?
Yes, even if your premises can’t accommodate traditional bins and you rely on bag or sack collections, you are still required to separate your waste into the appropriate recycling streams – including food waste – under the Simpler Recycling regulations.
The law doesn’t mandate a specific type of container, nor does it dictate the size or form of the collection method. Whether you use wheeled bins, rigid containers, or sacks, the key requirement is that the recyclable materials and food waste are kept separate and are presented for collection in accordance with your waste collector’s service plan.
Your chosen waste management provider will outline what’s acceptable based on operational factors such as health and safety, the type of collection vehicle, risks of pest attraction, and littering. In some cases, certain streams may not be suitable for bag collection – for example, due to leakage risk or contamination – and your provider will advise accordingly.
To remain compliant, it is important to agree on a clear separation process with your waste collector and ensure staff are trained in how to manage this effectively. Even in space-restricted environments, with good planning and cooperation, compliant waste separation is entirely achievable.
If you are unsure about how to organise compliant collections given your limitations on space, a discussion with your waste provider.
Where does legal responsibility lie if a waste collector empties a bin of general waste from a workplace customer and it has food or other recyclable waste in the bin?
In such cases, the legal responsibility is shared, but the primary duty rests with the waste producer – the business or organisation that generated the waste. Under the Environmental Protection Act 1990, businesses must ensure they present waste correctly, following the collection arrangements agreed with their waste contractor.
If recyclable or food waste is found in a general waste bin during collection, the waste collector should initially provide clear advice and support to the business to help them comply with the requirements of Sections 45AZA or 45AZB of the Act. However, if contamination issues persist, the collector has the option to escalate the matter to the Environment Agency.
The Environment Agency, upon reviewing the situation, may offer further guidance or issue a formal compliance notice to the business. This notice will set out the nature of the non-compliance, outline the corrective actions required, and specify a timeframe for implementation.
Failing to act on a compliance notice within the set timeframe is considered a legal offence. In such cases, the Environment Agency will determine the appropriate enforcement measures in line with their Enforcement and Sanctions Policy.
Ultimately, businesses are responsible for correctly segregating and presenting their waste. If improper disposal continues, it’s the waste producer – not the collector – who may face regulatory consequences.
To ensure your business remains compliant, it’s vital to maintain open communication with your waste collector and implement staff training where needed.
What if waste collectors are saying the volume of waste produced at the premises is too small to offer a collection of food waste to?
Even if your business generates only a small amount of food waste, you are still expected to comply with the requirements set out under the Simpler Recycling reforms. In such situations, there are flexible solutions available. For instance, your waste collector may be able to offer less frequent food waste collections tailored to the lower volumes produced.
Additionally, if your premises are situated close to other businesses or organisations in a similar position, you might consider a shared food waste collection arrangement. This would require mutual agreement with neighbouring sites and your waste collector, but it can be an effective way to meet legal obligations while keeping costs and operational demands manageable.
What if we don’t have the space for new bins?
Limited space does not exempt a business from meeting recycling requirements, but there are practical workarounds. The first step should be an open discussion with your waste collector, who may be able to offer alternative solutions such as sack-based collections. These are particularly useful where outdoor space is restricted or where there’s no room for additional wheeled bins.
Innovative storage options, such as vertical or stacking bin systems, can also help maximise available space indoors. Another option to consider is downsizing your residual waste container, which can free up room for bins dedicated to food waste and recyclables.
Ultimately, the goal is to ensure that recyclable and food waste streams are kept separate from general waste – regardless of the physical constraints of your site.
Can the EA issue on the spot fines?
No, the Environment Agency (EA) does not have the authority to issue on-the-spot fines – also known as fixed penalty notices – for non-compliance under the Simpler Recycling reforms.
Non-compliance with a compliance notice issued under the new regulations is classified as a criminal offence, not a civil one. As such, the EA cannot apply civil sanctions, including fixed penalties. Instead, if a business fails to meet the terms set out in a compliance notice, the matter may be escalated through the criminal justice system, with the potential for prosecution in court.
It’s therefore essential that businesses take any compliance notices seriously and act within the specified timeframe. Engaging proactively with your waste management provider and maintaining clear, auditable records of your waste practices will help reduce the risk of enforcement action.