Duty of care for waste

Anybody who produces waste must by law take responsibility for ensuring it is managed and disposed of correctly. Duty-of-care requirements for households and businesses are laid out in the Environmental Protection Act 1990.

The regulations state that you must ensure that your waste is managed in a manner that does not cause harm to human health or pollution of the environment. They apply to any person who produces, imports, carries, keeps, treats or disposes of controlled waste, or as a broker has control of such waste.

Household waste

Householders are required to take reasonable measures to ensure that waste produced on their property is passed on to an authorised person.

If you intend to use anyone other than us to remove your waste, check whether they are licensed to so so. The Environment Agency public registers list all licensed companies.

Residents are reminded that:

  • Bins should be placed out at the kerbside by 7am on the day of collection or, if this isn’t possible, no earlier than 6pm the previous evening
  • Bins must be placed out for collection on the correct day only, for example black bin on the black bin day
  • Bin lids should be shut, with no excess rubbish on top or by the side of the bin
  • Bins must be taken off the pavement after collection
  • Recycling bins must have the correct items in
  • Any waste that does not fit into the receptacles must either be taken to a local recycling centre or transferred to a licensed waste carrier at the householder's expense

Business waste

All businesses produce waste and each one has a legal responsibility to ensure that any waste produced, stored, transported or disposed of is done so without harming the environment. Businesses are responsible for the waste from when it is produced until it has been transferred to an authorised waste carrier.

Businesses 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 written description of the waste is completed for every transfer of waste or for a specified period. It is kept on record for at least two years
  • a waste transfer note or waste information e.g. invoice or contract, 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. Being unable to provide a waste transfer notice or waste information is an offence and could lead to a fixed penalty notice. Businesses found guilty on conviction are also subject to a fine up to £5,000.

Waste carriers

Waste carriers must be registered with the Environment Agency. Carrying waste without authorisation is an offence: the Clean Neighbourhoods and Environment Act 2005 empowers authorities to  issue fixed penalty notices for failure to produce carriers registration documentation. Those found guilty on conviction are subject to a fine of up to £5,000.

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