Legislation

THE DUTY OF CARE - What is it?

Under section 34 of the Environmental Protection Act 1990, anyone who imports, produces, carries, keeps, treats or disposes of a controlled waste or, as a broker has control over such waste, has a legal duty to ensure:

Controlled waste is identified and described on the waste
transfer note so that the material can be managed in a
safe and proper manner.

Controlled waste is only transferred to, and transported by,
persons authorized to do so.

Controlled waste is not kept, treated or disposed of in
contravention of section 33 of the Environmental
Protection Act 1990.

Controlled waste is not kept, treated or disposed of in
a manner which is likely to cause pollution to the
environment or harm to human health.

In short, you have a legal responsibility to ensure that your controlled waste is being stored, transported, treated and disposed of correctly.

CONTROLLED WASTE - Do I have any?

Well, the answer is probably "Yes". Controlled waste means industrial, commercial and household wastes.

Industrial waste means waste materials from any factory
(as defined in the Factories Act 1961).

Commercial waste means waste materials from premises
used wholly or mainly for the purposes of trade or business.

Household waste means waste from a domestic property.

PRODUCER’S RESPONSIBILITY - How do I comply?

You should answer "Yes" to the following:

1. Is your waste safely stored and labelled in appropriate containers?
2. Are waste transfer notes being raised and completed correctly and fully?
3. Is your waste correctly identified and described?
4. Is your waste carrier registered with the Environment Agency?
5. Can you positively confirm that your waste is going to a facility that complies with the requirements of the Waste Management Licensing Regulations 1994 (as amended)?
6. Are your waste transfer notes being retained for a minimum period of two years?

If you answer "No" to any of the above, you could be facing an expensive and embarrassing problem.

Remember, non-compliance with the requirements of the Duty of Care carries a personal liability.

This information is supplied only as a guide. For full details please see the relevant Acts, Regulations and Code of Practice or, e-mail your query to CSG and we will try to help.

YOU IDENTIFY THE WASTE AND WE'LL PROVIDE THE SOLUTION

CLEANSING SERVICE GROUP LTD
Head Office: Grange Road, Botley, Southampton, Hampshire, SO30 2GD
Telephone: +44 (0) 1489 782232/6 Facsimile: +44 (0) 1489 789821

Email: enquiries@csgwasteman.co.uk