Under The Environmental Protection (Duty of Care) Regulations 1991, all businesses have a Duty of Care to ensure all the waste produced is handled safely and within the law.
The Duty of Care requires businesses to take reasonable care to store waste safely and securely and prevent it from causing pollution or harming anyone. It applies to anyone who produces, imports, transports, stores, treats or disposes of controlled waste (commercial, industrial and household wastes including hazardous/special wastes are classified as “controlled waste”).
You must ensure that:
- Waste is stored correctly i.e. 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 licence – ignorance of the disposal site is no defence if your waste is found fly-tipped.
