Duty of Care

Are you affected?
What is required?
Waste Transfer notes
Further information

Are you affected?

Any business that produces, handles or disposes of controlled waste has a statutory obligation to under Duty of Care legislation.

If you produce waste, but are not responsible for its disposal eg an office block where there are communal bins in the basement managed by a facilities management company, then the point of Duty of Care in relation to containment and transfer notes sits with the facilities management company. However, you are still responsible for making sure the waste is being correctly handled.

‘Controlled waste’ is effectively all waste that arises from business premises. This includes waste that is collected for recycling as well as waste that is disposed of to landfill or incineration.

Back to top

What is required?

The Environmental Protection (Duty of Care) Regulations 1991 were brought in under powers conferred under the Environmental Protection Act 1990. They require that:

• Waste is stored correctly ie 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 licensing - ignorance of the disposal site is no defence if your waste is found flytipped.

Defra have issued a Code of Practice which describes the full requirements of Duty of Care in detail. They have also published a brief Guide.

The NIEA have put out a revised Guidance document for consultation (Dec 2011).

Under the EPA Section 33, it is an offence to dispose with waste - such as burning construction waste or tipping waste to land - unless it is at a site with a waste management license.

Waste Transfer notes

A waste transfer note is a legal document that must be signed by both parties between whom the waste is being transferred. From 28th September 2011, a transfer note must conform with the new requirements laid down by the Waste (England and Wales) Regulations 2011. A new template has been provided by the EA in both downloadable and electronic form.

It must include the following:

• A brief written description of the waste being transferred.
• The correct EWC code for the waste.
• An indication of how the waste is contained. Eg. is it loose, in a sack, skip or drum?
• A SIC 2007 code (required from 28th Sept 2011).
• A tick box to state that the waste hierarchy has been used (required from 28th Sept 2011). 
• Identify the amount of waste being passed on, for example the number of sacks or other containers, the volume of waste or its weight.
• List your name and identify that you are the producer of the waste.
• List the name of the person you are passing the waste to and their status, for example a registered waste carrier, including their registration number.
• Give the address where you passed the waste to the other person as well as the date and time that you gave him the waste.
• Be signed by both parties and be kept for at least two years.

For repeated transfers, where the description of the waste and all the circumstances remain the same, a ‘season ticket’ i.e. one note which can last up to 12 months, can be used to cover all transfers.

Generally, your waste collection company should generate the transfer note, but although they might complete it, you still have to sign it AND ARE THEN LIABLE IF THE INFORMATION ON IT IS WRONG.

The biggest problem with transfer notes is generally the waste description. This should include both a brief written description and a List of Wastes (LOW) or European Waste Catalogue (EWC) Code or codes, but where a description has been given, the waste should not change from that description. The most common type of waste is general mixed commercial waste. This is covered by the EWC code 20 03 01, but if a pub is having building work, for instance, the builders could not use the pub’s normal waste bin for their waste as it needs a different description.

The Waste (England and Wales) Regulations 2011 have applied the requirement for the Waste Framework Directive Waste Hierarchy to be applied. This prioritises:

• Prevention
• Preparing for reuse
• Recycling
• Recovery (Waste to energy, anaerobic digestion etc)
• Disposal (landfill)

Guidance has been issued by Defra and the EA on this although at this stage, the EA have given no indication as to how they will enforce it.
 

Back to top 

Further information

Defra

Defra leaflet

Environment Agency 

SEPA 

NIEA

Back to top