Duty of Care Regulations
Under the Environmental Protection Act 1990 Section 34 and Section 47 It is an offence if you fail to comply with your duty of ensuring that your waste is disposed of correctly.
The Duty of Care legislation applies to you!
The Duty of Care applies to any trading persons who produces or imports, keeps or stores, transports, treats or disposes of waste materials. It also applies if you act as a broker and arrange any of these things.
What does it mean?
The Duty of Care is a Law, which says that you must take all reasonable steps to keep waste safe. If you give waste to someone else, you must be sure they are authorised to take it and can transport, recycle or dispose of it safely and correctly.
What is waste?
Waste can be anything you own, or your business produces, and you want, or you are required to get rid of.
What is controlled waste?
It is household, commercial or industrial waste. It can be from a house, school, university, hospital, residential or nursing home, shop, office, factory or any other trade or business. It may be solid or liquid, scrap metal or a scrap car. It does not have to be hazardous or toxic to be controlled waste
Can I dispose of my own accumulated trade waste?
The answer to this question is Yes. If you take your waste to a licensed waste disposal site, you would need to obtain a detailed receipt (Waste Transfer Note) showing the cost of your disposal, the type of waste you are disposing of and the quantity of the waste. These receipts have to be kept on record for a minimum of 2 years
Keeping waste safely
Waste must always be protected and stored in order to prevent it from escaping from its container.
Waste holders must safeguard against:
Corrosion, Scavenging by vandals or animals and Spillages.
Who has the authority to take trade waste?
Registered waste carriers
Most carriers of waste have to be registered with the
Environment Agency or the Scottish Environment Protection Agency.
Look at the carrier's certificate of registration or check with the Agencies.
Holders of waste management licences
Some licences are valid only for certain kinds of waste or certain activities. Ask to see the licence. Check that the licence covers your kind of waste.
Authorised transport purposes
You can also transfer waste to someone for "authorised transport purposes". This means:
• The transfer of controlled waste between different places within the same premises;
• The transport of controlled waste into Great Britain from outside Great Britain; and
• The transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain.
Registered waste brokers
Anyone who arranges the recycling or disposal of waste, on behalf of someone else, must be registered as a waste broker.
An accurate description of the waste must be written on the transfer note. The transfer note must be completed and signed by both persons involved in the transfer and include:
• What the waste is and how much is there
• The date and time of the transfer
• The names and addresses of both persons involved in the transfer
If either person is a registered waste carrier, enclose the certificate number and the name of the Environment Agency which issued the certificate.
Householders must take responsibility for waste - or risk fines!
All householders in England are responsible, under the 'Duty of Care' waste regulations, for ensuring that their rubbish is taken away by authorised carriers only. Householders not taking reasonable measures to do this could face fines of up to £5,000.
These changes (part of the Clean Neighbourhoods and Environment Act) aim to reduce the thousands of tonnes of household waste being fly-tipped each year. . Registered waste carriers, other than us, can now be found online thanks to a waste carrier register provided by the Environment Agency.
Fly-tippers rely on people not asking questions, and not checking for registration - but now all householders have a responsibility to ask those questions, and check for that registration.
Rogue waste carriers can make huge sums of money by charging to take household rubbish away illegally, before dumping it over the nearest hedge. Now, if that rubbish is traced back to the household it came from, the householder could now be fined.
However, for those using waste carriers other than us to remove household, garden or construction waste, the Environment Agency suggests the following check:
1. Consider whether the contractor falls into one of the following categories: All building and allied trades; landscape gardeners, tree fellers and surgeons; house clearers; retail establishments; scrap metal dealers. These are occupations that will normally need a waste carrier registration.
2. Ask the contractor whether they are a registered waste carrier and ask for their waste carrier number. If they are not registered, refuse the service, and advise them that they need to speak with the Environment Agency on 08708 506506.
3. If they claim to be registered, telephone the Environment Agency on 08708 506506 and request an instant Waste Carrier Validation Check or check online at http://www.environment-agency.gov.uk/publicregister.
4. Never allow anyone to remove your rubbish when the only contact details you have for them is a mobile phone number
Last Updated: 08/03/2019