Business waste and your duty of care - Summary of obligations

The Waste (England & Wales) Regulations 2011 repealed the Environmental Protection (Duty of Care) Regulations 1991 and introduced the Duty of Care requirements brought in under Section 34 of the Environmental Protection Act 1990.

If your business produces, handles or disposes of controlled waste it has a statutory obligation under Duty of Care legislation to ensure it is managed, handled, stored and disposed of correctly.

Controlled waste is basically any waste arising from a business premise whether it is collected for disposal at landfill or for recycling.  

Summary of Obligations 

You must ensure that:-

  • Waste is stored correctly ie it must be properly contained
  • It is only collected by registered waste carriers (unless being moved by the waste producer’s own vehicles)
  • All collections are covered by a valid Transfer note that includes a written description of the waste to enable anyone handling it to do so safely and appropriately
  • Records of transfers of waste are kept for at least two years
  • Waste is only taken to an authorised facility that has the necessary waste management permit - ignorance of the disposal site is no defence if your waste is found fly tipped.

For repeated transfers, where the description of the waste and all the circumstances remain the same, a ‘season ticket’ can be used to cover all transfers i.e. one note which can last up to 12 months.



Last Updated on Tuesday, September 24, 2019