Duty of care for waste

Fly-tippers rely on people not asking questions, and not checking for 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.

The Waste (Household Waste) Duty of Care (England & Wales) Regulations 2005 introduced a new duty on householders.

Under this duty, householders are required to take reasonable measures to ensure that household waste produced on their property is passed on to an authorised person.

If illegally dumped rubbish is traced back to the household it came from, the householder could be fined up to £5,000.

Get rid of excess household waste

Extra household waste can also be taken to a local recycling centre, or you can use our bulky collection service.

If you intend to use anyone other than the council to remove or transport your waste, you can check the Environment Agency public registers to see if they are licensed to do so.

We have a duty to collect your household waste, but only if it is put out for collection in the correct containers and in accordance with the local collection arrangements.

Residents are required to ensure that:

• all waste is placed into the receptacles to facilitate collection
• waste is contained within the correct receptacles (waste will not be collected unless it is contained within the correct receptacle – read what to put in each bin for more information
• waste receptacles must not be stored on the public highway (pavement, road or alleyway) - read keeping bins off streets for more information
• waste receptacles should be put out no earlier than 6pm the day before collection and by 7am on collection day; they should then be removed from the pavement by midnight on the day of collection - read more about bin collections
• any waste that does not fit into the receptacles must either be taken to a local Cambridgeshire County Council recycling centre) or transferred to a licensed waste carrier at the householder's expense

Enforcement

A section 46 notice is a legal notice issued under the Environmental Protection Act 1990. They are issued to residents who fail to comply with the waste collection arrangements in Cambridge.

The notice has instructions on how a household must store, dispose and present their waste for collection.

Breaching such a notice is an offence and could lead to a fixed penalty notice with a fine of £100 or prosecution in the Magistrate's Court where a fine of up to £1,000 can be issued.

Read more about enforcement.

All businesses produce waste and each one has a legal responsibility to ensure that any waste produced, stored, transported or disposed of by businesses is done so without harming the environment. This is called a duty of care.

Businesses are responsible for the waste from when it is produced until it has been transferred it to an authorised waste carrier.

As part of this duty of care a business must ensure that:

• waste is stored securely so it does not escape (either by falling out or blowing away), or is not removed from the waste receptacle without authorisation
• waste is transported by the council or an authorised private contractor - read more about trade waste
• a waste transfer note (a written description of the waste) is completed for every transfer of waste or for a specified period and kept on record for at least two years
• a waste transfer note has to be produced upon request, either by a local authority or the Environment Agency

Transferring waste to an unregistered company or person, or failing to provide a waste transfer note is an offence. Those found guilty on conviction are also subject to a fine up to £5,000.

Enforcement

Badly presented trade waste and trade waste left out for collection at an inappropriate time is a major cause of litter, especially at the weekends and in the evenings when receptacles are often opened by vandals, thieves, animals, accident or the weather.

A section 47 notice is a legal notice issued under the Environmental Protection Act 1990. They are issued to businesses that fail to comply with their duty of care.

The notice has instructions on how to store, dispose and present their waste for collection. A section 47 notice can be served on a business or trader if:

• waste is not suitably contained or secured
• waste is passed to unauthorised persons

If this notice is not adhered to a fixed penalty notice for £100 can be issued, if convicted, a business could face a fine of up to £1,000. Read more about enforcement.

Waste carriers

Waste carriers must be registered with the Environment Agency. At present this registration costs £149 for three years initial registration and £99 for renewal thereafter. For further information on how to register or renew a waste carrier license, you can visit the Environment Agency webpage.

The Environment Agency is responsible for registering waste carriers. However, local authorities and the Environment Agency have powers to check waste carriers and request production of relevant documentation.

Carrying waste without a relevant authorisation is an offence. Under powers in the Clean Neighbourhoods and Environment Act 2005 authorities can issue fixed penalty notices for failure to produce carriers registration documentation. Those found guilty on conviction are subject to a fine not exceeding £5000.