Trade / Commercial / Industrial Waste

Duty of Care Legislation

All businesses in the UK, regardless of their size, must comply with the Section 34 'Duty of Care' provisions of the Environmental Protection Act 1990. The Act requires that businesses take reasonable measures to prevent unauthorised deposit, treatment and disposal of their waste.

This means that if you operate a business you must:

• ensure that a person or company that collects your waste is a registered waste carrier.
• describe the waste you are having collected, how it is packed – whether loose or in a container and if it is in a container what type (a container can be a plastic sack).
• commercial waste must be packed in suitable containers so that it cannot fall out, blow away or escape from the receptacle such that it could cause pollution or harm to anyone.
• have a waste transfer note that the carrier issues containing the description of the waste collected for disposal or recycling (the waste transfer note can be issued for each collection or issued annually).
• know where your waste will finally be disposed of and retain your waste transfer note for 2 years.
• if you ‘self-dispose’ of your waste you must be able to say where and how.

Cost of Commercial Waste Disposal

Business rates do not include any provision for waste disposal.  All businesses have different waste disposal requirements and associate costs.  If a business enters into a waste disposal contract with the Council or other service provider it must fund the costs of collection.

Local Authority Powers

Notice requiring businesses to produce Duty of Care Records -

Duty of Care Regulations 1991 (Duty of Care) (England) (Amendment) Regulations 2004 SI no 63

The Council can require businesses to produce their Duty of Care documents.

Breech of Duty of Care is an offence, with a penalty of up to £5000 on summary conviction or an unlimited fine on conviction or indictment.