Businesses wishing to dispose of waste must follow the legal requirements contained in the duty of care. If you follow the duty of care, your business will be operating within the law and will not harm the environment.

 

YOUR DUTY OF CARE:

The duty of care is a legal requirement under the Environmental Protection Act 1990.

It applies if you produce, import, carry, keep, treat or dispose of waste.

It requires you to take all reasonable steps to ensure that waste is not handled illegally and that it is only transferred to an authorised person together with a waste transfer note.

 

STEP BY STEP GUIDE:

Your business will avoid prosecution and loss of business through poor public image if you follow the duty of care .

1. Only use waste carriers that are registered with the Environment Agency.

If you give your waste to someone else, you must use a waste carrier whose business is registered with the Environment Agency. The carrier will need to show you proof that they are registered to carry waste.

To find a contractor who can take your waste, you can use the ‘Find a Carrier’ section of the Environment Agency’s online Waste Directory.

2. Make sure you know where your waste is going.

As a sensible precaution, ask your waste carrier where the waste is being taken and keep a record of this. Waste can only be taken to sites that are authorised to receive it, such sites are either registered as exempt or have a permit to treat waste issued by the Environment Agency.

If you are unsure whether a site is authorised you can check with the Environment Agency by phoning 08708 506 506 (Mon-Fri 8-6).

3. Complete a waste transfer note.

When handing waste to your authorised carrier, you must complete a waste transfer note giving a written description of the waste.

Waste transfer notes vary in appearance but most contain:

• a description of the type of waste and a reference to the correct code from the List of Wastes

• the quantity of waste

• whether it is being transferred loose or in a container

• if it is in a container, they kind of container

• the time and place of the transfer

• your name and address

• the name, address and waste carrier registration number of the person you are transferring your waste to.

Complete and sign your section of the waste transfer note. Make sure your waste carrier does the same.

4. Keep your copy of the waste transfer note

You must keep copies of all waste transfer notes for a minimum of two years. Environment Agency officers are entitled to see these.

You must be able to produce them if asked.

5. Protect and store your waste safely

If you are the waste producer, you must store your waste securely at your premises pending their collection. This means that you must prevent access to the public and also prevent the waste escaping from the site. Be alert for any evidence of suspicion that the waste is being dealt with illegally.

6. Illegal disposal or fly-tipping

If you suspect someone is disposing of your tyres illegally by fly-tipping or using illegal sites, do not give them your waste. Alert the Environment Agency on 0800 80 70 60.

 

Failure to comply

Failure to comply with the duty of care is a criminal offence.

The Environment Agency will prosecute anyone found using unauthorised channels to dispose of waste or to illegally dump waste.

If you do not comply with the duty of care you could be fined an unlimited amount.

 

The future

The law relating to the duty of care is being reviewed and is likely to change in April 2009. You can find up to date information online at either:

Environment Agency website - www.environment-agency.gov.uk - or - NetRegs - www.netregs.gov.uk

You have a responsibility to ensure your waste is disposed of legally. This is your duty of care. If your waste is found dumped, magistrates can impose fines of up to £50,000. For the more serious cases, the fine is unlimited and could lead to imprisonment.

Act now to help stop illegal dumping.