Duty of Care - Business Waste
Duty of Care - Business Waste
Section 34 Environmental Protection Act 1990
The Duty of Care affects everyone who produces, carries, disposes of or otherwise holds any household, commercial or industrial wastes. A separate duty applies to householders regarding the waste from ther house they live in.
The duty is in five parts, but the basic requirement of the law is that you must do all that is reasonable to:
prevent anyone disposing of your waste unlawfully (this means you could be responsible if someone else disposes of or manages your waste illegally).
prevent the waste escaping either from your control or from anyone else's control.
transfer your waste only to an authorized person (a waste carrier who is registered with the Environment Agency, a waste collection authority (district councils in Buckinghamshire and Oxfordshire, the council in Milton Keynes) or to a waste manager who is authorized to accept the waste (a holder of a waste management licence or a person who has registered a valid exemption).
transfer a written description of the waste to the next holder (this must describe the waste sufficiently to allow them to comply with their duty).
keep all copies of waste transfer notes for two years (both the person handing over waste to another holder and the next waste holder must keep a copy of relevant paperwork for two years). This is not optional - ignorance will not be a defence if your waste is dumped illegally by someone else where you have not done all you reasonably can to prevent it.
Penalties . . . If you do not comply with your duty, you can be fined up to £5,000 for each count at Magistrates' Court. Serious cases, heard at Crown Court, can incur an unlimited fine.
Illegal dumping costs...do's and don'ts…
Do:
where available arrange a trade waste agreement with your waste collection authority [the district council in Buckinghamshire and Oxfordshire, or the council in Milton Keynes] or start with an authorized waste management company or individual.
check - make all reasonable checks on the credentials of the next holder of your waste – phone the Environment Agency [08708 506 506] Phone the proposed disposal site and check that they can accept your waste. The EA can confirm authorization details. If you are in any doubt, check that your waste did in fact go there.
provide a full, clear written description of the waste for the next holder giving details of any unusual characteristics that could affect how they plan to handle or dispose of it.·
make sure your waste is properly packaged to prevent it escaping in transit or in storage.
keep all paperwork for at least 2 years.·
notify the authorities if you are suspicious about a waste disposal arrangement.
Don’t:
dispose of ANY waste at an unauthorized waste management site – it is your responsibility to check that the site is authorized to take your waste.
just hand over your waste to a passing ‘man with a van’ – they may not be registered as a Waste Carrier and you don’t know what they will do with it
use the nearest recycling site for your trade waste – even if you are depositing waste of the correct type, you will not be completing and keeping the required paperwork and the act of leaving trade waste there will also be a criminal offence.·
think this law doesn’t apply to your business because it is too small etc – this law applies to all commercial and industrial waste producers.
put your business waste out with your household waste [unless it is part of your waste agreement]. Neither your business tax nor your council tax would cover that service.·
panic: There is help available (see below for details)
Illegal dumping costs...further advice
What is ‘all that is reasonable’? How does the Duty of Care relate to my situation specifically ?
Advice on the Duty is available from your local councils:
in Buckinghamshire contact David Rounding at Buckinghamshire County Council (01296 387196)
Email to illegaldumpingcosts@buckscc.gov.uk
Free seminars will be arranged for businesses in Buckinghamshire – notify any interest at the above address.
You can obtain more information regarding the Duty of Care, on whether a person is a registered waste carrier, or whether a waste manager holds a valid waste management licence or has registered a valid exemption from either requirement by contacting the Authorisations Team at your local Environment Agency Tel 08708 506 506.
See Environment Agency “Netregs” legislation guidance: http://www.environment-agency.gov.uk/netregs/
Guidance leaflets are available from DEFRA at 08459 335577
Statutory Guidance is available in the form of ‘Waste Management, The Duty of Care, A Code of Practice, published by The Stationery Office ISBN 0-11-753210-X.
