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Duty of Care
The Environmental Protection (Duty of Care) Regulations 1991 (or as amended 2003) apply to all businesses and to any other producer of controlled waste, except household waste that you produce in your own home.
In very simple terms, by law these regulations require you to;
- Prevent your waste causing pollution or damage to a person or to the environment by storing it correctly and by not allowing it to escape your control.
- When you arrange for the removal and disposal of your waste you must ensure the organisations that transport it and dispose or recover it are licensed to do so or are exempt from such licensing and that they dispose or recover your waste in an appropriate and legal manner.
- Produce a transfer note which must include the following information.
- Quantity of the waste.
- The container type.
- The identity of the waste.
- The time and place of transfer.
- Names and addresses of the transferor and transferee.
- Whether the transferor is an importer or producer.
- The license details of the transferee.
- Retain written records of the transfer for two years.
- Provide evidence of such records to the Environment Agency within the stated period of any request to do so.
Therefore, the Duty of Care relates not only to hazardous waste but any other waste such as commercial and industrial waste or construction and demolition waste etc.
The penalty for breaking this law is Unlimited Fines.
You can read detailed guidance relating to your Duty of Care by clicking on the link below.
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