Managing controlled waste - code of practice consultation on duty of care: SG response

Section 4: Your Obligations as a Waste Manager

Are you content with the clarity of this section and how it has changed from the current Code?

We received 19 responses to this question, of which 13 respondents answered ‘Yes’, and 5 respondents answered ‘No’.

The majority of respondents were content with the clarity of the section and an improvement on the current Code. Respondents stated that the section was well structured and aligned with regulatory expectations, including clear definitions.

Key points raised by respondents included:

• Explicitly emphasising the need to maintain the segregation of source segregated recyclables throughout the entire supply chain.
• Requiring waste managers to provide full transparency where any waste is exported.
• The responsibility on end users for what is placed in waste bins or bags, which would require greater public awareness and labelling on packaging.
• The inclusion of WUDS and POPs.
• Clarity around the obligations on vending operators, and whether they fall under the definition of waste managers.
• That the Scottish Government and SEPA allow for a time-limited exemption to either delay introducing a collection, or to send separately collected material to SRF or EfW outlets.
• The inclusion of expectations around documented escalation pathways when contamination or non-compliance is identified, and audit trails for multi-site organisations.
• Greater clarity on what “further measures will be carried forward by Scottish Government” will entail.
• Concerns around lack of sortation capacity, and the pass on of costs, including gate fees, to businesses and consumers.

Government response:

We have updated the Code to refer to an ‘Operator of a Waste Management Facility’, rather than a Waste Manager. We have included a definition of plastic films, and advised that producers should note that waste materials must be suitable for the processing capabilities of the final off-taker. We have made further changes to the wording of this section based on consultation response suggestions.