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2. Duty of Care Legislation

Duty of Care Legislation

All businesses in the UK, regardless of their size, must comply with Section 34 'Duty of Care' provisions of the Environmental Protection Act 1990.

This means that if you operate a business you must:

  • ensure that a person or company that collects your waste is a registered waste carrier.
  • describe the waste you are having collected, how it is packed - whether loose or in a container type (a container can be a plastic sack).
  • waste must be packed in suitable containers so that it cannot fall out, blow away or escape from the container so that it could cause pollution or harm to anyone.
  • have a waste transfer note that your waste carrier issues containing the description of the waste collected for disposal or recycling (the waste transfer note can be issued for each collection or issued annually).
  • know where your waste will finally be disposed of and retain your waste transfer notes for 2 years.
  • if you 'safe-dispose' of your waste you must be able to say where and how.
  • the council has the powers to require businesses to produce their Duty of Care documents on request.

Breech of Duty of Care is an offence, with a penalty of up to £5000 on summary conviction or an unlimited fine on conviction or indictment.