Waste Duty of Care Code of Practice

Waste Duty of Care Code of

Practice

November 2018

Presented to Parliament and to the National Assembly for Wales pursuant to

Section 34(9) of the Environmental Protection Act 1990

You may re-use this information (excluding logos) free of charge in any format or medium,

under the terms of the Open Government Licence v.3. To view this licence visit

www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ or email

[email protected]

This publication is available at www.gov.uk/government/publications

Any enquiries regarding this publication should be sent to us at

WasteDutyofCare@defra.gov.uk or ResourceEfficiencyAndCircul[email protected]

www.gov.uk/defra

 
 
Contents 
Overview .......................................................................................................................... 1 
Scope of the duty of care ................................................................................................. 2 
1 Duty of care: who it applies to .................................................................................... 2 
2 Waste holders: what your duty of care applies to ....................................................... 3 
3 Waste holders: what your duty of care does not apply to ........................................... 3 
4 Waste holders: how long your duty of care lasts ........................................................ 4 
Waste holders: waste duty of care requirements ............................................................. 5 
1 Prevent unauthorised or harmful deposit, treatment or disposal ................................ 5 
2 Prevent a breach of an environmental permit or a breach of a permit condition ........ 6 
3 Prevent the escape of waste ...................................................................................... 6 
4 Transfer waste to an authorised person ..................................................................... 7 
5 Provide an accurate description of waste ................................................................... 8 
6 Retention of waste documentation ........................................................................... 10 
Other waste laws for waste holders ............................................................................... 11 
1 Hazardous Waste ..................................................................................................... 11 
2 Producer Responsibility Regulations ........................................................................ 11 
3 Separate Collection .................................................................................................. 11 
4 Landfill ...................................................................................................................... 12 
5 Importing or exporting waste .................................................................................... 13 
Occupiers of domestic property: waste duty of care requirements ................................ 14 
1 Who does this duty of care apply to? ....................................................................... 14 
2 What waste is covered by this duty of care? ............................................................ 14 
3 How should you dispose of your waste? .................................................................. 14 
4 What reasonable measures should you take when a private business takes your 
waste? ............................................................................................................................ 15 

5.5 What reasonable measures should you take when taking your waste to a private

waste site? ..................................................................................................................... 15

5.6 What evidence can you use to demonstrate you have met your duty of care? ........ 16

5.7 What happens if you do not meet your duty of care? ............................................... 16

1. Overview

The duty of care legislation makes provision for the safe management of waste to protect

human health and the environment.

The code of practice (the Code) sets out practical guidance on how to meet your waste

duty of care requirements. It is issued under section 34(7) of the Environmental Protection

Act 1990 (the EPA) in relation to the duty of care set out in Section 34(1) of that Act. .

This Code applies to you if you import, produce, carry, keep, treat, dispose of or, as a

dealer or broker have control of, certain waste in England or Wales.

Failure to comply with the duty of care is an offence with no upper limit on the courts’

power to fine. In some instances a fixed penalty notice may be issued for failure to comply

with the duty of care in place of prosecution. The Code is admissible as evidence in legal

proceedings for Section 34(1) offences and its rules must be taken into account where

relevant to questions raised in the case.

If your waste activities are authorised or registered in Scotland or Northern Ireland but you

deal with waste in England or Wales, you need to follow this Code. If you operate across

borders, you need to follow Scotland’s and Northern Ireland’s codes of practice alongside

this one.

The regulators for the duty of care are the Environment Agency (EA) in England, Natural

Resources Wales (NRW) in Wales and local authorities.

The occupiers of domestic property disposing of household waste from that property are

exempted from the section 34(1) duty of care by and have a separate duty of care for the

disposal of that waste under Section 34(2A). Non-statutory guidance is included at the end

of the Code on how to meet that duty of care.

2. Scope of the duty of care

2.1 Duty of care: who it applies to

The duty of care applies to anyone who imports, produces, carries, keeps, treats, disposes

of, or are a dealer or broker that has control of, controlled waste (referred to below for the

purpose of this Code as a “waste holder”).

Waste holders are a:

• waste producer – any person whose activities produce waste. This includes

private sector businesses such as shops, offices, factories and tradespersons (e.g.

electricians, builders, glaziers and plumbers) and public sector services such as

schools, hospitals and prisons, as well as charities and voluntary and community

groups. It also includes permitted operations or exempt facilities that produce waste

as part of their activities. If you carry out a waste operation that changes the nature

or composition of the waste, you are regarded as a producer of the waste. Waste

producers play a key role under the duty of care requirements as they are in the

best position to identify the nature and characteristics of the waste

• waste carrier – any person, who normally and regularly collects, carries or

transports waste in the course of any business or with a view to profit, including

those that produce and transport their own waste e.g. builders and landscape

gardeners

• waste dealer – any person, business or organisation that buys waste with the aim

of subsequently selling it, including in circumstances where the dealer does not take

physical possession of the waste

• waste broker – any person, business or organisation that arranges waste

transportation and management of waste on behalf of another party, such as

organisations contracting out waste collection services e.g. local authorities,

supermarkets and producer responsibility compliance schemes

• waste manager – any person involved in the collection, transport, recovery or

disposal of controlled waste, including the supervision of these operations, the after-

care of disposal sites and actions taken as a dealer or broker

A separate duty of care applies to householders (occupiers of a domestic property),

limited to taking all reasonable measures available to them to ensure their waste is only

transferred to an authorised person.

For the purposes of this Code, occupiers of domestic property are not treated as a

‘waste holder’ as defined above, when dealing with household waste produced on

that property.

Separate guidance on duty of care requirements for occupiers of domestic property are set

out in section 5.

2.2 Waste holders: what your duty of care applies to

The duty of care requirements apply to household, industrial and commercial waste, also

known as controlled waste.

Waste is any substance or object that the holder discards, intends to discard or is required

to discard. The meaning of “discard” applies to “disposal” and “recovery” operations and

processes and can be intentional or unintentional on the part of the holder. Whether a

substance or object is waste is determined on a case by case basis. If you are unsure you

can use the ‘legal definition of waste guidance’ to check if something is classified as

waste.

The following definitions describe common waste operations and processes:

“Recovery” is any operation which has the main result of waste serving a useful

purpose by replacing non-waste materials that would otherwise have been used to

fulfil a particular function. An example is incineration for energy recovery (for further

examples see Annex II to the Waste Framework Directive). Preparing for re-use

and recycling are both recovery operations.

“Preparing for re-use” is the operation or process of checking, cleaning or repairing

products that have previously been discarded so that they can be re-used without

any other pre-processing, for example repairing bicycles, furniture or electrical or

electronic equipment which have been previously discarded by their owners.

“Recycling” is any operation by which waste is reprocessed into products, materials

or substances, whether for its original or other purposes, for example crushed

waste glass graded for blasting or playground surfaces from waste tyres. (It does

not include energy recovery or reprocessing into materials to be used as fuels or for

backfilling operations.)

“Disposal” is any operation which is not recovery (even where the operation has a

secondary consequence of reclaiming substances or energy). An example is landfill

(for further examples see Annex I to the Waste Framework Directive).

2.3 Waste holders: what your duty of care does not

apply to

See Schedule 1 to the Controlled Waste (England and Wales) Regulations 2012 to check

if your waste is controlled waste because of its source or type. Wastes not classed as

controlled waste are:

• wastes listed in Article 2 of the Waste Framework Directive e.g. waste waters,

decommissioned explosives, radioactive waste

• waste containing animal by-products where it is collected and transported in line

with the Animal By-Products Regulation (see guidance for England and Wales)

• sewage, sludge or septic tank sludge where it is supplied, managed or used in

the ways described in regulation 3 of the Controlled Waste (England and Wales)

Regulations 2012.

This Code does not cover the extractive waste duty of care. If you are responsible for

managing waste from prospecting, extraction, treatment and storage of mineral resources

and working quarries (extractive waste) under the EPA you are subject to different duty of

care requirements.

2.4 Waste holders: how long your duty of care lasts

You have a responsibility to take all reasonable steps to ensure that when you transfer

waste to another waste holder that the waste is managed correctly throughout its complete

journey to disposal or recovery.

You can do this by:

• checking the next waste holder is authorised to take the waste - see section 3.4 for

examples of authorisation

• asking the next waste holder where they are going to take the waste, and checking

that the intended destination is authorised to accept that waste.

• carrying out more detailed checks if you suspect the waste is not being handled in

line with the duty of care, e.g. requesting evidence that your waste has arrived at

the intended destination and that it has been accurately described

If you receive waste you should cooperate with the previous waste holders in any

measures that they are taking to comply with their duty of care. This includes supplying

evidence that previous holders may need to ascertain that their waste has reached its end

of waste location.

Each holder in the waste chain shares the duty of care obligations.

• If you use a waste dealer or broker, you each have a responsibility to comply with

your duty of care obligations and to ensure that the waste is only transferred to an

authorised person or establishment

• If you transfer waste to a waste treatment facility for preliminary treatment, you will

generally still be responsible for the complete recovery or disposal operation (in

accordance with Article 15(2) of the Waste Framework Directive)

“Treatment” is a recovery or disposal operation, including preparation prior to

recovery or disposal.

• If you carry out a waste operation that changes the nature or composition of the

waste, you are regarded as a producer of the waste when it leaves your site

3. Waste holders: waste duty of care

requirements

You must take all reasonable steps to:

1. prevent unauthorised or harmful deposit, treatment or disposal of waste (see

section 3.1)

2. prevent a breach (failure) by any other person to meet the requirement to have an

environmental permit, or a breach of a permit condition (see section 3.2)

3. prevent the escape of waste from your control (see section 3.3)

4. ensure that any person you transfer the waste to has the correct authorisation (see

section 3.4)

5. provide an accurate description of the waste when it is transferred to another

person (see sections 3.5 and 3.6)

Failure to comply with the duty of care requirements is a criminal offence and could lead to

prosecution.

3.1 Prevent unauthorised or harmful deposit, treatment

or disposal

It is illegal to deposit controlled waste except under and in accordance with an

environmental permit or a registered waste exemption.

It is also illegal to treat, keep or dispose of controlled waste in a way that is likely to cause

pollution of the environment or harm to human health.

Examples of unauthorised or harmful deposit, treatment or disposal include the following:

• operating illegal waste sites without the correct permit or appropriate exemption

to accept or manage a particular waste

• misclassification of waste as a non-waste or a waste that does not fit the written

description

• fly-tipping is the deliberate unlawful dumping of waste e.g. at the roadside or on

privately owned land - the scale can vary from a single bin bag of waste to large

quantities of waste dumped from trucks

If you suspect that someone is fly-tipping, illegally depositing, treating or disposing of

waste, do not give your waste to them or take waste from them. If you suspect that you

have unknowingly accepted misclassified waste, isolate the waste and report all the details

to the regulator. You should report any suspected illegal activity to the EA or NRW.

3.2 Prevent a breach of an environmental permit or a

breach of a permit condition

Normally the operator of a waste treatment or recovery or disposal activity needs an

environmental permit or to register an exempt waste operation.

Environmental permits set out specific conditions on how a waste operation must be

carried out. The conditions will include limits to the amount of waste that can be handled,

restrictions to the types of waste that can be handled, and measures that need to be put in

place to protect the environment and human health.

Some waste activities may qualify for a waste exemption rather than a permit. The

exemption must be registered and these too are subject to strict conditions such as limits

to the amount of waste that can be handled or how they are handled.

There are some operations which do not need to be registered. These relate to the

temporary storage of waste pending collection. Although you do not have to register these

operations, you must still comply with the conditions of the operation.

Examples of activity that would breach a permit condition or exemption limit include the

transfer of waste:

• to a facility that does not have an appropriate permit or exemption to accept or

manage that type of waste

• in a condition which means that it cannot be managed or stored safely pending

removal e.g. waste being stored outside the confines of buildings or bunds

• in a quantity that causes a facility to exceed the limits allowed by its permit or

exemption e.g. increasing or expanding piles of waste

If you suspect that someone does not have an appropriate environmental permit or

registered exemption, or that they are breaching a condition of their permit or exemption,

you must not give them your waste or take waste from them. You should report suspected

illegal activity or breaches to permits or exemptions to the EA or NRW.

3.3 Prevent the escape of waste

To prevent waste from escaping from your control, or from your employees’ or waste

contractors’ control, you must make sure it is handled and stored safely and securely.

You can do this by:

• using containers that are:

o clearly and correctly labelled

o suitable for the storage, transport and subsequent management activities by

you and following waste holder

o designed to prevent leakage, contamination or spoiling of waste (spoiled

waste is waste that cannot be managed in the way intended)

• limiting access to the waste to only those that are authorised to handle it. This will

help prevent accidents, pests, incidents of vandalism and theft. It will also stop

unauthorised people adding to the waste and so invalidating the waste description

(see section 3.5)

• ensuring vehicles are covered and waste is secured appropriately for transport

purposes

Before your waste is collected and disposed of or recovered you must assess and classify

waste as set out in the waste classification guidance. This identifies whether the waste is

hazardous or not, and which controls apply to the movement of the waste to prevent harm

to people and the environment.

3.4 Transfer waste to an authorised person

You should check whether a person or business is authorised to take waste before you

transfer your waste to them. An authorised person is one of the following:

1. someone who has a valid registration as a carrier, broker or dealer of waste

2. a waste management operator who has an environmental permit or registered

exemption to accept such waste

You can ask the person or business you transfer your waste to or who arranges the

transfer for evidence of their authorisation, such as a copy of their permit or proof of their

exemption registration.

You should also use the public register to check any evidence they provide. The register

contains information on:

• waste carrier, broker and dealer registrations

• environmental permits for waste operations

• waste exemptions

In England, you can check registration on the EA’s public register or call 03708 506 506. In

Wales you can check on the NRW’s public register or call 0300 065 3000.

The person receiving the waste must also check that the previous holder has complied

with their duty of care. If you suspect that the previous waste holder has breached their

duty of care (e.g. by misdescribing the waste or not properly storing it), do not accept the

waste and report your suspicions to the EA or NRW.

Record any checks you make as you can use this as evidence that you have met your

duty of care.

If you use a dealer or broker to manage your waste, they must be registered as a dealer

or broker with their regulator, even if they do not take physical possession of the waste.

Where a dealer or broker is the transferor or transferee of the waste, their details

(including their registration number) must be included in the waste transfer information.

 
 
    8 
Waste carriers, dealers and brokers must present evidence of registration if requested by 
a police constable, an authorised officer of the EA, NRW or local authority. It is an offence 
not to do so without reasonable excuse and you could be prosecuted under section 5 of 
the Control of Pollution (Amendment) Act 1989, or issued with a fixed penalty notice under 
section 5B of that Act. To register as a carrier, dealer or broker, contact the EA in England 
or NRW in Wales.  
3.5 Provide an accurate description of waste  
 
When you transfer waste to another person, you must ensure that:  
1.  a written description of the waste is agreed and signed by you and the next holder. 
The description is part of the waste information you must provide.  
 
For non-hazardous waste you can do this by using:  
•  “edoc” – a free national electronic duty of care system that creates, shares, 
signs and stores waste transfer notes and season tickets for you online - see 
www.edoconline.co.uk for more information 
•  a paper “waste transfer note”– a form to fill in or you can use alternative 
documentation e.g. an invoice, as long as it contains all the required 
information  
•  a “season ticket” - a single waste transfer note that covers a series of non-
hazardous waste transfers. The season ticket can last up to one year and be 
used for regular transfers of the same type of non-hazardous waste with the 
same carrier. If you have several sites serviced by the same carrier with the 
same types of waste collected, they can be listed in a schedule to the season 
ticket. You should keep a record of the collection times and the quantity of 
waste  
 
A waste information note is not required for non-hazardous waste if the waste 
holder does not change on the transfer of waste e.g. the waste is moved to other 
premises belonging to the same business. However, it is best practice that the 
business understands who has responsibility for that waste and a record is kept of 
internal transfers for audit purposes.  
 
For hazardous waste you need to use a:  
 
•  consignment note - this applies to all movements of hazardous waste 
including collections from businesses by registered waste carriers, 
movements from one premises to another within the same business and all 
movements from the waste producer’s premises. The only two exceptions 
where a consignment note is not needed are where domestic hazardous 
waste (other than asbestos waste) is removed from a domestic household or 
waste is imported or exported under international waste shipment controls 
(which uses an equivalent note)  
 
2.  the description contains a statement confirming that you have fulfilled your duty to 
apply the waste hierarchy as required by regulation 12 of the Waste (England and 
Wales) Regulations 2011 (see Waste Hierarchy Guidance for England and Wales) 

3. the description of the waste is accurate and contains all the information you are

reasonably in a position to provide to ensure the lawful and safe handling, transport,

treatment, recovery or disposal by subsequent holders, including:

• classification of the waste by using the appropriate codes (referred to as the

List of Wastes (LoW) or European Waste Catalogue (EWC)) - Appendix A of

the Waste Classification Technical Guidance provides a list of the codes as

well as advice on how to assess and classify waste

• its quantity and nature and whether it is loose or in a container

• if in a container, the type of container

• the time and place of transfer

• the SIC code of the transferor (current holder of the waste)

• the name and address of the transferor and transferee (person receiving the

waste) and their signatures (the signature can be electronic as long as an

enforcement officer can view it)

• the capacity in which the transferor and transferee are acting (e.g. as a

producer, importer or registered waste carrier, broker or dealer) and their

relevant authorisation to act in that capacity (e.g. their permit number or

registration number)

You should also consider whether there are any problems associated with the

waste that you need to describe so that subsequent users can handle it properly.

Examples include whether the waste:

• needs a special container

• needs particular treatment or handling, for example batteries or waste

electrical and electronic equipment (WEEE)

• can or cannot be mixed with other wastes

• could cause a problem during treatment or disposal (e.g. dusty, smelly or

otherwise offensive waste)

• has been processed (e.g. undergone treatment) or had certain materials

removed from it (e.g. packaging) to meet basic characterisation requirements

of wastes destined for landfill

• displays a hazardous property (e.g. flammable) or presents a chemical

hazard

• has other issues (e.g. risk of spillage or leakage of liquids)

If you receive waste, you must ensure the waste matches the written description and that

your permit allows you to accept such waste.

If you are operating under a waste exemption, you must ensure that by accepting any

waste you are not contravening the exemption criteria e.g. waste limits.

3.6 Retention of waste documentation

You must keep a copy of the waste description for waste you have transferred or received

(either electronically or on paper format) for:

• two years for non-hazardous waste

• two years for season tickets

• three years for hazardous waste consignment notes (different retention periods

apply for consignees (receivers) of hazardous waste; see further detail in the

hazardous waste guidance)

• six years if you are a landfill operator for non-hazardous waste (for landfill tax

purposes)

• the lifetime of your permit if you are a landfill operator for hazardous waste

• the lifetime of an environmental permit (when the permit is surrendered, the

regulator often requires a history of the types of waste received)

If an authorised officer of the EA, NRW or local authority asks you to provide the written

description of waste, or a copy of it, and you fail to do so, they can issue a fixed penalty

notice. Where the waste is hazardous waste, a variable monetary penalty for breach of the

requirements to supply information may be issued.

 
 
    11 
4. Other waste laws for waste holders  
 
A number of other waste laws are relevant to waste holders in particular circumstances. 
Some of these are briefly described below.  
4.1 Hazardous Waste  
 
If you produce or deal with hazardous waste you must:  
•  comply with the Hazardous Waste Regulations  
•  follow specific requirements for consigning hazardous waste  
4.2 Producer Responsibility Regulations  
 
If you manufacture, import or sell packaging, electrical and electronic equipment (EEE), 
batteries, or end-of-life vehicles (ELVs) you must follow the Producer Responsibility 
Regulations in England and Wales.  
4.3 Separate Collection  
 
If you collect waste paper, metal, plastic or glass you must comply with the rules on 
separate collection (see guidance for England and Wales). The rules require that you 
collect waste paper, plastic, metal and glass separately from each other and from other 
wastes where it is both:  
•  necessary to comply with the waste hierarchy and for the protection of human 
health and the environment, and to facilitate or improve recovery (see the Waste 
Hierarchy Guidance for England and Wales)  
•  technically, environmentally and economically practicable (TEEP) (see European 
Commission guidance (paragraphs 4.3.4 and 4.4) for guidance on TEEP 
practicability tests)  
Where waste paper, metal, plastic or glass has been collected separately, all reasonable 
steps must be taken to keep them separate from other waste or materials.  
 
If you are a materials facility and receive household waste (or household waste like 
material) consisting of mixed glass, metal, paper or plastic for separating out you must:  
 
•  sample and test the materials you receive and send out  
•  record the information  
•  report every three months to the regulator  
 
See the Materials Facilities Guidance for England and Wales, for details on when, how 
and what should be recorded. 

 
 
    12 
4.4 Landfill  
 
If you send waste to landfill or operate a landfill site:  
 
•  you must comply with the relevant permitting requirements in England and Wales 
for the landfilling of waste  
•  you must comply with waste acceptance rules required by legislation - if you do not, 
the landfill operator will be unable to accept your waste  
•  the written description of waste must contain details of any pre-treatments or 
processes that have been applied to the waste  
•  you must comply with the rules regarding landfill tax in England, (see the general 
guide to landfill tax), and Landfill Disposals Tax in Wales, (see the Welsh Revenue 
Authority guidance) 
 
If your waste is being disposed of at a landfill site in Wales, you can check on the Welsh 
Revenue Authority list of landfill site operators to see if the landfill site is an authorised 
landfill site.   
 
In Wales you may become liable to Landfill Disposals Tax on an unauthorised disposal if 
you knowingly caused or knowingly permitted an unauthorised disposal to be made. In 
some circumstances, it will be presumed that a person knowingly caused or knowingly 
permitted an unauthorised disposal. This is where, at the time of the disposal: 
 
•  a person controlled or was in a position to control a motor vehicle or trailer from 
which the disposal was made, or 
•  a person was the owner, lessee or occupier of the land on which the disposal was 
made 
 
If HMRC find you have deliberately supplied false information or withheld information 
which causes another person to make an incorrect landfill tax declaration, you will be liable 
to a civil penalty. The maximum penalty for misrepresentation is equal to the amount of the 
under-declared landfill tax.  
 
HMRC can also recover landfill tax from those who dispose of waste, or knowingly 
facilitate the disposal of waste, at sites without a permit. This also applies to material 
deposited at permitted sites if not expressly exempt.  
 
The Welsh Revenue Authority (WRA) is also able to charge unauthorised disposal rate 
(initially £133.45 per tonne) on disposals made outside of an authorised landfill site (an 
unauthorised disposal). A person may become liable to the unauthorised disposals rate on 
an unauthorised disposal either where they made the disposal, or where they knowingly 
caused or knowingly permitted the disposal to be made. 
 
In Wales you must be registered as an authorised landfill site with the WRA and you must 
comply with the Landfill Disposals Tax (Wales) Act 2017 (and legislation made under it) 
which makes provision for tax to be charged on taxable disposals in Wales. 

4.5 Importing or exporting waste

If you import or export waste, you must comply with the European and UK rules that

govern how you can ship waste into or out of the country and, in the case of exports, with

the rules of the importing country.

5. Occupiers of domestic property: waste

duty of care requirements

As an occupier of a domestic property, you have a duty to take all reasonable measures

available to you to ensure you only transfer household waste produced on your property to

an authorised person.

5.1 Who does this duty of care apply to?

The duty of care to ensure you only transfer waste to an authorised person applies to all

occupiers of any domestic property when dealing with their household waste produced on

that property.

The wider duty of care detailed in other sections of this code of practice, including the

requirement for waste transfer notes (see section 3.5), specifically does not apply to the

occupier of a domestic property when they are dealing with their household waste.

5.2 What waste is covered by this duty of care?

For the purpose of applying this duty of care, household waste is generally considered to

be any waste produced within a domestic property. This is not just regular black bin bag

waste, but other material you want to dispose of from your property such as old

mattresses, furniture and household appliances. For the waste duty of care this includes

septic tank sludge which is not used on agricultural land within the meaning of the Sludge

(Use in Agriculture) Regulations 1989, and construction and demolition waste.

If a tradesperson carries out work on your property, they are responsible for the waste they

produce including its transport and disposal. They must comply with their own duty of care

obligations in relation to that waste, and the cost of its disposal should be included in what

they charge for the work. As you are not transferring the waste to them your duty of care

does not apply. If you have a tradesperson take away waste that you produced, for

example if you add your own waste to their skip, the duty of care will apply for that waste.

Waste that comes from a property or part of a property that is mainly used for commercial

business is regarded as commercial waste and subject to the duty of care set out in

sections 2 to 4 of this code of practice. Waste resulting from the clearance of premises

after they have been vacated, such as a landlord or letting agent clearing student housing,

is also not considered to be household waste.

5.3 How should you dispose of your waste?

If you have household waste which cannot be appropriately disposed of through your

normal local authority waste collection service (this may be provided by a contractor on

behalf of the local authority) or within the boundary of your home

you can:

This must be done in a way that does not pollute the environment or harm human health EPA 33(1)(c), or

cause a nuisance.

• see if your local authority’s household waste and recycling centre accepts the waste

and take it yourself

• check if your local authority offers special collection services

• use a private business that provides a waste collection service

• take your waste to a site run by a private business with the appropriate

authorisations

You should check whether a person or business is authorised to take waste before you

transfer your waste to them. An authorised person includes:

• the local authority that provides your normal waste collection service

• someone who has a valid registration as a carrier, broker or dealer of waste

• an operator of a waste site with an appropriate environmental permit or exemption

While important, meeting a local authority’s household waste collection requirements is a

separate issue not covered by this duty of care.

5.4 What reasonable measures should you take when a

private business takes your waste?

If you engage a private business (e.g. skip hire, house clearance) to take away your waste

rather than the local authority, in order to meet your duty of care you should check that

they are an authorised carrier with up to date and valid upper tier registration. This

includes a business which approaches you and offers to take your waste. Each carrier

should have a registration number starting CBDU, followed by a set of numbers.

In England you can check whether a waste carrier is registered on the Environment

Agency’s online public register of waste carriers, brokers and dealers using their

registration number, business name, or postcode or call 03708 506 506. The site can also

be used to find registered carriers near you.

In Wales you can check on the Natural Resources Wales public register of carriers,

brokers and dealers or call 0300 065 3000.

An upper tier registration allows a person or organisation to transport other people’s waste,

while lower tier registrations are primarily for organisations carrying their own waste.

Instances where a private business handling your household waste is exempt from

registering, or can do so under a lower tier registration are very rare. However, charities,

voluntary organisations and waste collection authorities can use lower tier registrations.

5.5 What reasonable measures should you take when

taking your waste to a private waste site?

If you are transporting your own waste for disposal, you will typically want to take it to your

local authority’s household waste and recycling centre, having first checked that they can

accept that type of waste. If however, you take your waste to a site run by a private

business, in order to meet your duty of care you should check that they have a registered

permit or exemption.

In England you can check if a waste site has a permit or exemptions through the

Environment Agency’s online public registers for waste operations and waste exemptions

using their registration number, business name, or postcode, or call 03708 506 506.

In Wales you can check on the Natural Resources Wales public register of waste, water

quality, water resources and installation permits or call 0300 065 3000.

5.6 What evidence can you use to demonstrate you

have met your duty of care?

There is no legal requirement to keep records when you check a carrier is registered or a

site is permitted or exempt, as described in sections 5.4 and 5.5 above, and a lack of

records does not prove you did not meet your duty of care. However, if your waste is

subsequently fly-tipped and investigated by the local authority, records can quickly show

that you met your duty of care. For example, you could do one of the following:

• record any checks you make, including the operator’s registration, permit or

exemption number

• keep a receipt for the transaction which includes the business details of a registered

operator

• ask for a copy or take a photograph of the carrier’s waste registration or site’s

permit

• record details of the business or of any vehicle used (registration, make, model,

colour), which can be linked back to an authorised operator

These steps can help ensure your waste will be handled appropriately and not cause harm

to others or the environment. These steps can also help enforcement officers catch those

responsible if your waste is fly-tipped.

5.7 What happens if you do not meet your duty of care?

It is a criminal offence if you do not take all reasonable measures available to you to meet

your duty of care. You could face prosecution and, on conviction, a fine and criminal

record.

You may be given a fixed penalty notice for breaching the duty of care. While there is no

obligation to pay this, if you choose to do so within the specified period, you cannot be

prosecuted for the offence.

You may also provide evidence to the authority at any time that prosecution is not

appropriate, either by demonstrating you met your duty of care, or that prosecution is not

proportionate. It is at the authority’s discretion whether to proceed to prosecute.