Reusing upholstered domestic seating containing POPs
Check if an item of upholstered domestic seating is a waste or non-waste item and, if it is waste, identify if it contains persistent organic pollutants (POPs).
Applies to England
You must:
- follow the requirements for when a material has not become waste to work out if your item is a waste or a non-waste
- identify waste upholstered domestic seating that contains POPs
- follow the requirements for managing waste upholstered domestic seating containing POPs
Check if upholstered domestic seating is a waste or non-waste item
If an item is reused, for it to be a non-waste product and not become a waste, all the following conditions for reuse must apply:
- it is reused for the same purpose for which it was designed
- the previous holder intended for it to be reused
- no more than minor repair is required to it when it is transferred from the previous holder to the new holder
- both the previous holder and new holder know at the point of transfer that it does not need more than minor repair
- if a repair is required, it will be done
- its use keeps to the law, for example it carries appropriate fire safety labels
- it is managed as a non-waste – that is, it is not moved or stored in a way that will damage it, for example in a skip with items of waste
You are breaking the law if you allow reuse of an item containing POPs and all of these conditions are not met.
Find more information in the guidance check if your material is waste and in the following examples.
Examples of minor repair
It can be difficult to know if the holder of a material believes it does not need more than minor repair. If they show an intention to donate the item for reuse, you can assume that they believe it does not need more than minor repair.
If you choose to improve an item for reuse to better its quality, as long as these improvements are not necessary to keep it functional, the Environment Agency would not consider them to be more than minor repair. Where more than minimal improvements are needed for the item to function, these are considered to be more than minor repair.
Example 1: a sofa with a broken leg
A sofa with a broken leg is delivered to a designated area for reuse. The sofa is no longer functional for its original purpose, due to the broken leg. However, the repair required to reattach a new leg is a minor repair and it will be carried out before sale or further use. The Environment Agency consider that this is a minor repair.
Example 2: a sofa which is not structurally sound
A sofa which is not structurally sound (for example, it’s collapsed in the middle) is delivered to a designated area for reuse. The sofa is no longer functional for its original purpose. The repair required to return the sofa to its original purpose would include stripping the upholstery, lining, foam, and wadding before carrying out a structural repair. The Environment Agency considers this to be more than minor repair.
Example 3: a sofa in working condition
A sofa which is structurally sound and in working condition is delivered to a designated area for reuse. The sofa is functional for its original purpose. When considering the conditions for reuse, the Environment Agency would not consider improvements on the item to be more than minor repair, as the improvements are to better its quality and are not required for its use.
When you must check whether the reuse conditions are met
You must do this check at the place the owner gives the item, for example at the:
- home or business it is collected from
- household waste recycling centre (HWRC) it is taken to
- charity shop it is taken to
When upholstered domestic seating is waste
If your assessment identifies that the item does not meet the reuse conditions and is therefore waste, you must check if it contains POPs. It can only achieve end of waste status and be reused if it does not contain POPs and it is not contaminated by POPs.
Follow the guidance identify and classify waste containing persistent organic pollutants to show that the item does not contain POPs. If you can show this, it is eligible for end of waste status, following any preparation for reuse activities.
If the item does contain POPs, you must follow the guidance manage waste upholstered domestic furniture containing POPs.
Examples of receiving upholstered domestic seating
The following explain a range of scenarios.
Delivery to a charity shop
If a householder delivers an item to a charity shop, you can assume that they intend for it to be reused. Therefore, the item is not waste if it meets all the conditions for reuse.
Collection from a household or business by a charity, local authority or other business
If the collector only collects items intended for reuse, they are normally considered non-waste products if both of the following apply:
- the collector has checked the items before they accept them
- all the conditions for reuse are met
Some collections may include a mixture of non-waste and waste items, for example:
- retailer takeback schemes
- bulky item collection services
- house clearance
If the collector has checked the items before they remove or accept them from the owner, the items that:
- meet all the conditions for reuse are normally considered non-waste products and can be reused
- do not meet all the conditions for reuse are waste and waste controls apply
Collectors can put both non-waste products and waste items on the same vehicle. They must keep the non-waste products separate from the waste and make sure each type is managed appropriately.
If the collector checks the items after they remove or accept them from the owner, to decide whether the reuse conditions are met, then all the items are normally classed as waste and waste controls apply.
If the collector does not carry out checks, then the items are classed as waste and waste controls apply.
Delivery to a HWRC
If a householder delivers an item to the reuse area of the HWRC, you can assume they intend for it to be reused. The HWRC must first check whether the items meet all the conditions for reuse and:
- if they do, they are normally considered non-waste products and can be reused
- if they do not, they are waste and waste controls apply
If a householder delivers an item to the waste area of the HWRC, then it is classed as waste.
For any item you identify as waste upholstered domestic seating, waste controls apply. You must check every item of waste upholstered domestic seating to see if it contains POPs (or assume all upholstered items contain POPs). If it does, you must follow the guidance manage waste upholstered domestic seating containing POPs. Only those items that do not contain POPs are suitable for reuse or recycling. Any items that contain POPs must be managed so that the POPs are destroyed.
Refurbishing upholstered domestic seating
You can refurbish upholstered domestic seating that is a non-waste product, if all the textiles and foam you remove are managed as POPs waste. You must make sure the textiles and foam are sent for incineration.
You can only refurbish upholstered domestic seating that is waste, if:
- you can confirm the item does not contain POPs
- all textiles and foam removed are managed as POPs waste and you send it for incineration
- you hold a suitable environmental permit or a T12 waste exemption for manually treating waste
Preventing items from becoming waste
To help move waste up the waste hierarchy, all charities, collectors of used items and waste operators can engage with the public and businesses on how they may prevent items becoming waste.
However, charities, collectors and waste operators must:
- check if an item is waste and follow waste controls if it is
- follow the rules for identifying and managing waste containing POPs