Quarterly Update Article – Michelle Craven-Faulkner, Vice Chair at Rail Forum and Partner at Shoosmiths.
From 31 March 2025, businesses in the rail sector will need to comply with new waste segregation requirements in England under the “Simpler Recycling” policy. This summary explains the basics of these requirements and what steps need to be taken to prepare.
The Environment Act 2021 mandated the separate collection of household-type waste in England. That includes waste produced by businesses that is similar in nature and composition to household waste (but not other types of trade waste or industrial waste). The policy aims to improve waste management and recycling practices across the economy, including in the rail industry.
What’s covered?
The new requirements apply to dry recyclable waste, food waste, and residual waste. Examples of dry recyclable waste include glass bottles, metal cans, plastic containers, and paper/cardboard packaging. Food waste includes leftovers and waste generated during food preparation. Residual waste includes absorbent hygiene products and highly contaminated materials.
What needs to be done?
Businesses must ensure that relevant waste is collected and presented for collection in compliance with specific conditions – glass, metal, plastic, and paper and card; food waste and residual waste must all be collected separately from each other. Recyclable waste must be collected for recycling or composting by licensed waste contractors and not sent to landfill or incinerated.
What are the implications for the rail industry?
The new requirements pose unique challenges for the rail industry. There is very limited space on trains for passengers to dispose of waste and responsibilities for managing that waste may lie with TOCs, cleaning contractors, station operators or train maintenance contractors, depending on the contractual frameworks and when and where the waste is collected.
There are some key steps that the industry can take to prepare:
- review contracts to confirm who is responsible for collecting and separating waste, and to identify any variations required to those contracts;
- engage with waste collection contractors;
- consider the design and construction of trains to facilitate waste segregation – this may include removing bins from trains to improve recycling rates; and
- keep an eye out for further guidance from the Department for Environment, Food and Rural Affairs, and the Waste and Resources Action Progamme, which may include additional sector-specific advice.
What are the sanctions for non-compliance?
The Environment Agency is responsible for enforcing the new requirements, but is expected to offer advice and guidance to non-compliant businesses before issuing compliance notices. Failure to comply with the requirements of a compliance notice can result in prosecution and unlimited fines.