The waste duty of care applies to any business in the UK that produces, transports, treats or disposes of waste as a result of its activities. This responsibility includes every business, from the very large to the very small. Established under the Environment Protection Act 1990, this duty of care ensures that waste is managed responsibly throughout its lifecycle. Failure to comply with these legal obligations can result in significant fines or even imprisonment.
In this Simple Guide to Waste Duty Of Care, we will explore what this duty entails, key responsibilities, the legal framework backing it, steps for compliance, common pitfalls, and the consequences of non-compliance.
What Is Waste Duty of Care?
Waste duty of care is a legal obligation that requires businesses to take responsibility for their waste from the moment it is produced until it is properly disposed of. It is not enough to merely hand over waste to any contractor; businesses must ensure that their waste is managed correctly on their site and by anyone who handles it thereafter.
This means knowing exactly where your waste goes, ensuring it is collected by authorised carriers, and maintaining proper documentation. The goal is to minimise harm to human health and the environment.
Key Responsibilities Under Waste Duty of Care
Your key responsibilities include:
Know Where Your Waste Goes
You must be aware of the final destination of your waste — whether it ends up in a licensed landfill site, a recycling centre, or an energy-from-waste facility. Tracking your waste’s journey protects your business from liability related to illegal dumping or fly-tipping.
Ensure Proper Collection and Transportation
You are responsible for making sure that any waste carrier you appoint is registered and handles your waste according to legal standards. Employing an authorised waste carrier reduces risk and helps demonstrate that you comply with your duty of care.
Complete Necessary Paperwork
When your waste is collected, your carrier must provide you with a waste transfer note (for general waste) or a consignment note (for hazardous waste). These documents specify what was collected, when, and how it will be processed. Maintaining these records is critical and a legal requirement.
The Legal Framework: Environment Protection Act 1990
The Environment Protection Act 1990 forms the legal backbone of waste management in the UK. The act establishes:
- Duty to Prevent Harm: Businesses must ensure their waste management activities do not cause harm to human health or the environment.
- Duty to Manage Waste Properly: All steps in managing waste, from generation to disposal, must be performed responsibly.
- Duty to Complete Documentation: Accurate and up-to-date record-keeping is mandatory for all waste-related activities.
This framework makes waste duty of care enforceable by law, meaning failure to comply has real consequences.
Steps to Comply with Waste Duty of Care
Step 1: Identify Your Waste Types
Start by identifying all types of waste your business produces. This may include common office rubbish, hazardous materials like batteries or chemicals, or industrial waste such as construction debris. Proper categorisation is essential to managing waste correctly.
Step 2: Segregate and Store Waste Safely
Separating waste types on-site prevents contamination and aids appropriate disposal or recycling. Use clearly labelled containers and store waste securely until it is collected.
Step 3: Choose an Authorised Waste Carrier
Always select registered waste carriers or contractors authorised to deal with specific waste types. Verify their credentials with regulatory bodies such as the Environment Agency to avoid employing unlicensed operators.
Step 4: Maintain Accurate Records
Keep all paperwork for a minimum of two years (three years for hazardous waste), including:
- Waste transfer notes, detailing the type and quantity of waste transferred.
- Consignment notes for hazardous waste, specifying handling and treatment information.
Accurate documentation safeguards against fines and proves your compliance if inspected.
Common Pitfalls and How to Avoid Them
Ignorance Is Not Bliss
Many businesses fail to comply because they do not understand their obligations. Regular training on waste duty of care for staff involved in waste management helps prevent accidental breaches.
Inadequate Documentation
Improper or missing paperwork is one of the main reasons for enforcement action. Always complete waste transfer notes and consignment notes accurately, and store them securely.
Unauthorised Carriers
Avoid using unlicensed or unknown waste carriers to save costs. Using unlicensed operators can lead to heavy fines and reputational damage if illegal dumping occurs. Always verify licenses before engaging a contractor.
Consequences of Non-Compliance
Ignoring your waste duty of care responsibilities can result in severe consequences:
- Fines: There is no cap on fines, and courts can levy unlimited penalties based on the case’s severity.
- Reputational Damage: Negative publicity from enforcement actions can harm customer trust and business relationships.
- Operational Disruptions: Investigations may interrupt your business operations, leading to financial losses.
Understanding and adhering to your waste duty of care is not just about avoiding fines — it plays a crucial role in environmental protection and public health. By following the Simple Guide to Waste Duty of Care — identifying and segregating waste, choosing authorised carriers, and maintaining thorough records — businesses can stay compliant and demonstrate corporate responsibility.
For those in Burscough and surrounding areas, choosing a trusted partner like Martland’s Waste Management ensures your waste is handled legally and responsibly. Martland’s is a licensed waste carrier offering reliable waste removal services to businesses throughout the region. Don’t risk fines or legal trouble—contact professional licensed carriers for your waste needs.
Contact Martland’s Waste Management:
- Burscough Skip Hire 01704 779345
- Wigan Skip Hire 01942 417456
- Skelmersdale Skip Hire 01695 769123
- Bamber Bridge Skip Hire 01772 364 399
- Chorley Skip Hire 01257 752399
- Ormskirk Skip Hire 01704 779345
- Leyland Skip Hire 01772 364399
Complying with your waste duty of care protects your business, contributes positively to the environment, and ensures peace of mind.
