Duty of Care
UK businesses produce over 75 million tonnes per annum of commercial and industrial waste, and as a waste producer you have certain obligations under the Environmental Protection Act 1990 to ensure it is properly controlled and managed.
The Duty of Care Regulations 1991 place a duty upon producers, importers, carriers and disposers of controlled waste to:
- prevent unauthorised disposal of waste
- prevent the escape of waste
- provide a written waste transfer note
- provide an accurate written description including the six digit European Waste Catalogue (EWC) code.
Authorised persons for the purposes of the Duty of Care are:
- registered waste carriers or those entitled to exemption under Registration of Carriers and Seizure of Vehicle Regulations 1991
- holders of a permit, waste management licence or waste management licence exemption
- the waste producer (when transferring their own waste – except construction or demolition waste).
A waste transfer note must be passed between each holder of the waste; this may also include the written waste description, and can be valid for up to one year for regular waste transfers. The transfer note must be kept for a minimum of two years after the transfer and contain the following information:
- the identity of the waste and the EWC code
- the quantity of waste and how the waste is contained
- names, addresses and signatures of the transferor and transferee
- place and date of transfer.
The written description of the waste should be sufficient for the next holder to deal with the waste without breaching the provisions of the Environmental Protection Act 1990, namely Section 33 – that deals with unlawful deposit of waste.
The penalties for failing to comply with these legal requirements are severe so it is essential to use a waste management company you can trust.
Nationwide Waste Services can help you ensure that you are fully compliant with the law. A contract with NWS means that you can be completely confident that your Duty of Care obligations are being fully met. We are committed to helping you make sure that you are equipped to meet legislative requirements and prepared for increasing environmental challenges.