What the duty of care is
Section 34 of the Environmental Protection Act 1990 says anyone who imports, produces, carries, keeps, treats or disposes of waste, or controls it as a dealer or broker, must take reasonable steps to keep it safe and make sure it only goes to someone allowed to take it. The law also gives every household in England and Wales its own duty: to make sure its household waste only goes to someone authorised to take it. Breaking the duty is a criminal offence.
It applies to households and businesses alike. What changes is the paperwork.
At home
Before anyone takes your rubbish, garden waste or old furniture, check they're a registered waste carrier. If your council collects it, or you take it to the tip yourself, there's no carrier to check.
If your waste is fly-tipped and traced back to you, and you didn't check, the council can give you a fixed penalty of between £150 and £600 in England, or take you to court.
Keep a receipt that says what was taken, the carrier's name and registration number, and the date. A carrier who uses CWR Micro gives you a signed note on the day.
At work
A business must do a little more for every load of waste that leaves its premises:
- Describe the waste properly, with its waste code from the List of Waste.
- Store it safely, so it can't blow away, leak or be taken.
- Give it only to a registered waste carrier, and check their registration.
- Fill in a waste transfer note for each load, signed by you and the carrier. For the same waste collected again and again, one season ticket can cover non-hazardous waste for up to a year.
- Keep waste transfer notes for at least two years.
- For hazardous waste, such as asbestos or waste oil, use a hazardous waste consignment note instead, and keep your records for at least three years.
How to check a waste carrier
Ask for their waste carrier registration number, then look it up on the public register for where you are:
- England: the Environment Agency's public register.
- Wales: Natural Resources Wales.
- Scotland: the Scottish Environment Protection Agency (SEPA).
- Northern Ireland: the Northern Ireland Environment Agency.
Check the name on the register matches the business you're dealing with, and that the registration hasn't expired.
Every carrier in the CWR Micro search holds a registration we've already checked on the Environment Agency's register, with the date we checked it shown on their page.
Warning signs
- They can't or won't give you a waste carrier registration number.
- The price is far lower than anyone else's, and it's cash only.
- They won't say where the waste is going, or give you any paperwork.
- They knock on the door or advertise on social media offering to take anything, with no business name.
If you think waste has been dumped, report it to your council.
Questions to ask any waste carrier
Ask before the day, whoever you use. A good carrier will be glad you did.
- Are you a registered waste carrier, and what is your registration number? Check it on the public register before the day.
- Where will my waste go? It should go to a licensed tip, transfer station or recycling site.
- Will I get a waste transfer note or a written receipt? A business must get a waste transfer note.
- What does the price include, and is there anything you won't take?
- Can I see the vehicle's registration? Note it down on the day.
How to check a registration number on the public register for where you are
In short
What is the waste duty of care?
It is the legal duty, under section 34 of the Environmental Protection Act 1990, for anyone who imports, produces, carries, keeps, treats or disposes of waste, or controls it as a dealer or broker, to take reasonable steps to keep it safe and make sure it only goes to someone allowed to take it. Households in England and Wales have their own duty to give their waste only to someone authorised to take it.
Can I be fined if my waste is fly-tipped?
Yes. If waste is traced back to you and you didn't check the person who took it was a registered waste carrier, you can be fined. In England a council can give a householder a fixed penalty of between £150 and £600, or take them to court.
How do I check a waste carrier is licensed?
Ask for their waste carrier registration number and look it up on the public register: the Environment Agency in England, Natural Resources Wales, the Scottish Environment Protection Agency or the Northern Ireland Environment Agency.
Does a business need a waste transfer note?
Yes. A business must fill in a waste transfer note, or use a season ticket for repeat collections of the same non-hazardous waste for up to a year, and keep the notes for at least two years. Hazardous waste needs a consignment note, and the records are kept for at least three years. These are the rules in England.