Duty of care - your responsibility

Current legislation

The current national controls on waste originate from the Control of Pollution Act 1974 and were greatly tightened with the introduction of the Environmental Protection Act 1990. Legislation originally focused on the disposal of waste, but since the introduction of the EC Framework Directive on waste control has extended to include the storage, treatment, recycling and transport of waste.

Most UK legislation impacting on waste management is now implemented as a result of European Directives.

It is your responsibility to:

• ensure that a person or company removing your waste is either from a local authority or a licensed waste collection company, or that any site you transport waste to is licensed.
• describe the waste you are having collected, how it is packed - whether loose or in a container and if it is in a container what type (a container can be a plastic sack).
• ensure you receive a waste transfer note, from the carrier or site, containing the description of the waste going for disposal or recycling (the waste transfer note can be issued for each collection or issued annually where regular contracted collections take place).
• know where your waste will finally be disposed of and retain your waste transfer note for 2 years.
• ensure that waste is in suitable containers so that it cannot fall out, blow away or escape from the container.
• ensure the waste is secured against unauthorised removal as far as is reasonably practical and is sufficient to prevent the breaking open of containers and removal by vandals, thieves, animals, accident or weather.
• only put waste outside premises for collection as near to or at the advertised collection times.
• you are expected to do whatever is reasonable to achieve the security of your waste, and you would be expected to take account of any specific problems you encounter and respond accordingly.

Amendment to the Act

With effect from February 2003 authorities can request to see a copy of any business waste transfer note. Our enforcement officers are regularly visiting businesses to check their documentation and advising businesses on their responsibilities.

The Defra website provides further information on "The Duty of Care" provisions.