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Your waste is your business

As a business you have a legal responsibility to ensure that all of your waste is stored, transported and disposed of correctly without harming the environment. This is known as your duty of care in accordance with the Environmental Protection Act 1990 (Section 34).

Waste

Your waste is your business

Waste includes anything your business produces or acquires that is thrown away. This can range from used tea bags and discarded paper to unwanted
manufactured goods. Most types of business waste, including waste for recycling, are classed as controlled waste. Waste does not have to be hazardous or toxic to be classed as controlled waste.

Electrical, electronic and hazardous waste 

If you produce, handle, transport, recover or dispose of electrical or hazardous waste you must comply with the Hazardous Waste Regulations and Waste Electrical and Electronic Equipment Directive (WEEE Directive).

Hazardous waste can include chemicals, paints, drugs, tyres, fridges and freezers. For more information visit www.mansfield.gov.uk/dutyofcare or contact your waste contractor.

Your legal responsibility

Your duty of care starts from when waste is created up until its transfer to an authorised waste contractor.

Your waste must be:

Disposed of in the correct place or passed on to a registered and authorised waste contractor for disposal at a licensed facility.

Your duty of care also includes:

Exempt business

The following are not required to produce waste transfer notes:

Waste collection, disposal and storage options

There are many waste collection services and container options available for all business needs. The Council offers a collection service for businesses and can provide containers ranging from waste sacks to skips. Alternatively, you can contact an authorised waste disposal contractor.

Checking your business is not breaking the law

If you think your waste is not being managed correctly you must take action to check and prevent this.

Both Mansfield District Council and the Environment Agency have a legal obligation to ensure waste transfer notes are completed and documented correctly by all businesses. Either organisation can carry out spot checks on waste transfer notes. If you are unable to produce the relevant documents you face being issued with a £300 Fixed Penalty Notice.

What happens when you break the law

Failure to pay the Fixed Penalty Notice within 14 days of issue or continued failure to comply with the law will make you liable for prosecution. If the case is heard at Magistrates' Court you may face a fine of up to £5,000 or an unlimited fine if referred to a Crown Court.

There are many organisations that provide advice relating to business waste management and duty of care. Please see below for more information.

The Environment Agency

For waste transfer notes, more information on all waste types and guidance on the Government's statutory requirements visit www.environment-agency.gov.uk

The Department for Environment, Food and Rural Affairs

For full details on what powers your local Council has in accordance with the Environmental Protection Act visit www.defra.gov.uk

The Official Home of UK Legislation

Full legislative information can be found at www.opsi.gov.uk

This document only serves as a guide and refers to the law relating to businesses and their responsibility to waste. It does not constitute legal advice.

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This page was last modified 27/03/2014 08:00:50

Website URL : http://www.mansfield-dc.gov.uk/index.aspx?articleid=4398