The Duty of care is a law which requires every business in the UK to take "all reasonable steps" to keep their wastes safe. It was introduced through Section 34 of the Environmental Protection Act 1990, and covers any businesses who produce, import, carry, keep, treat, dispose or broker Controlled Waste
The objective of the Duty of Care is to protect people and the environment from illegally managed waste. It does this through creating an "audit trail" of responsibility for the waste. The Environment Agencies and local authorities can follow the audit trail back through all parties who have been responsible for it. They may prosecute if any party has failed to observe their responsibilities for the waste.
Householders are covered by the Duty of Care for the waste from their own home since 14 November 2005. Householders must now check that anyone they engage to remove waste from their property is a registered waste carrier, by checking with the Environment Agency Waste Carrier Register.
What to do - four steps to compliance.
Complying with the waste Duty of Care is intended to be simple. In an increasingly complex world CIWM can help. Click here for the four ways CIWM can help.
REMEMBER - The duty of Care protects people and the environment. It also protects responsible businesses from carrying out an illegal act. If you suspect someone else is breaking the law with their wastes you should tell the Environment Agency, SEPA or EHSNI, for your area or your local authority.
Government is considering an update and improvements to the Duty of Care. CIWM is working with Defra to identify strengths and weaknesses of the current controls to see how they can be made more efficient or effective. Updates on this work will be included on our main webpage.
For a ten step check list of information needed on a Transfer Note click here.
A copy of a model transfer note is included in Defra's Code of Practice.
Repeat arrangements for your waste if all details remain the same - eg your council or waste manager pick the same sorts of waste up from your premises every week - you can cover up to a years worth of collections through just one transfer note. Ask your waste manager for help if this applies.
Most Common Organisations Who Can Accept Your Waste
Check that anyone you pass your waste to has the authority to accept it. The most common types of body are:
1. Local Council waste collectors (you don't need to do any checks with these)
2. Registered Waste Carriers - waste carrier registration explained - registered by one of the environment agencies. Ask your waste carrier to see a copy of their registration certificate. Legitimate waste companies will be happy to assist.
3. Exempt waste carriers - usually charities - check with the agency if unsure.
4. Businesses who hold a Waste Management Licence or "PPC" permit, allowing them to keep, treat, recover or dispose of waste. Ask to see a copy of the licence. There will be restrictions on the type of waste they can treat. Check it allows them to receive your kind of waste.
5. Businesses with an exemption from waste licensing. This covers activities like spreading waste on land to improve the soil or for landscaping. These need to be registered by the appropriate agency for the area. You should check with them if the person you transfer waste to intends to rely on one of these exemptions.
6. Waste Brokers - again registered with the appropriate agencies. Some businesses (usually charities) may be exempted. Check their credentials.
