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Waste Movement
 

Duty of Care

The main law concerning solid waste is the 'Duty of Care' which sets out storage, handling, transfer and disposal requirements throughout the waste chain.

The Duty of Care lays an onus on the producer of the waste to ensure that no one in the chain from collection to disposal commits an offence. Your responsibility for your waste no longer ends when it is collected; you have a duty to ensure that documentation at each transfer is maintained and a registered carrier always handles the waste. Your waste can be traced at every stage through disposal.

Duty of Care for Waste

The Hazardous Waste (England & Wales) Regulations 2005

Key Effects of Duty of Care on Waste in UK

The Responsibility Chain: The duty does not end when waste is handed over to a collector. Producers are responsible for their waste until its final treatment or disposal.These are often then poorly stored and disposed of.

Documentation Requirement: Businesses must complete a Waste Transfer Note (WTN) for every load of non-hazardous waste transferred, detailing its description, quantity, and parties involved, and keep these records for at least two years.

Prevention of Illegal Disposal: It requires the secure storage of waste to prevent leakage, pollution, or access by unauthorized persons.

Mandatory Verification: Waste producers must verify that carriers are registered with the Environment Agency (or SEPA/NIEA) before transferring waste.

Penalties: Failure to comply is a criminal offense, which can lead to fixed penalty notices (£300) or unlimited fines in the magistrates' or Crown Court.


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