Meet your business waste duty of care

Your four legal duties

Section 34 imposes four specific duties on anyone who produces, imports, carries, keeps, treats, or disposes of controlled waste. These duties apply to you as a business owner or manager:

What "controlled waste" means

Controlled waste includes virtually all waste produced by businesses:

• Commercial waste: Waste from shops, offices, restaurants, pubs, hotels, schools, and other commercial premises
• Industrial waste: Waste from factories, workshops, and manufacturing processes
• Construction and demolition waste: Rubble, timber, metal, plasterboard, and other building waste

The only exemption is for occupiers of domestic property regarding their household waste - but if you run a business from home, your business waste is still controlled waste.

Using registered waste carriers

You must only hand your waste to someone who is authorised to take it. In practice, this means using a registered waste carrier. Using an unregistered carrier - even if they offer a cheaper price - makes you liable if the waste is fly-tipped or disposed of illegally.

How to check if a carrier is registered

Before using any waste carrier:

1. Ask for their registration number - legitimate carriers will have this readily available
2. Check the public register - search the Environment Agency's online register to verify the registration is valid and covers the type of waste you need to dispose of
3. Keep a record - note down the registration number, company name, and date you checked

Warning signs of rogue carriers:

• Cash-only payment with no receipt
• Unmarked vehicles with no company branding
• No paperwork or reluctance to provide a waste transfer note
• Prices that seem too good to be true
• Unable or unwilling to provide registration details

Waste transfer notes

Every time you hand non-hazardous waste to a carrier, you must complete a waste transfer note (WTN). This document creates a paper trail showing where your waste came from and where it went. Both you and the carrier must sign it and keep copies.

Completing a waste transfer note

A valid waste transfer note must include:

• Description of waste: Be specific - "mixed commercial waste" is not enough. Include the European Waste Code (EWC) where possible
• Quantity: State the weight or volume and whether it's loose or in containers
• Transfer details: Date, time, and location of the handover
• Your details: Business name, address, and contact details
• Carrier details: Company name, address, and waste carrier registration number
• SIC code: Your Standard Industrial Classification code identifying your business type

Season tickets: If you have regular waste collections of the same type by the same carrier, you can use an annual "season ticket" instead of completing a new note for every collection. The season ticket covers up to 12 months of transfers.

Hazardous waste

If your business produces hazardous waste, you face stricter requirements. Hazardous waste includes substances that are dangerous to health or the environment - things like solvents, oils, chemicals, fluorescent tubes, batteries, and some paints.

Is your waste hazardous?

Common business waste that is classed as hazardous includes:

• Oils and lubricants: Engine oil, hydraulic oil, cutting oil
• Solvents: White spirit, thinners, degreasers
• Batteries: Car batteries (lead-acid) and some industrial batteries
• Electrical equipment: Computer monitors, fridges, air conditioning units (containing CFCs/HCFCs)
• Fluorescent tubes: Contain mercury
• Paints and coatings: Solvent-based paints, wood preservatives
• Chemicals: Cleaning chemicals, pesticides, photographic chemicals
• Asbestos: Requires specialist handling and disposal

If you are unsure whether your waste is hazardous, check with your waste carrier or the Environment Agency. Getting it wrong can result in prosecution.

Key differences for hazardous waste

Hazardous waste has more demanding requirements than ordinary commercial waste:

• Consignment notes instead of transfer notes: A 5-part document that tracks the waste from production to final disposal
• Longer retention periods: You must keep records for 3 years (producers), and receiving facilities must keep them for 5 years
• Specialist carriers: Your carrier must be specifically registered to carry hazardous waste
• Wales registration: If you produce 500kg or more of hazardous waste per year in Wales, you must register as a producer with Natural Resources Wales

Record keeping

Good record keeping is essential for demonstrating compliance with your duty of care. If you are ever investigated following a fly-tipping incident, your records are your defence.

Keep the following records:

• Copies of all waste transfer notes and season tickets
• Waste carrier registration details (certificate number, date checked)
• Consignment notes for hazardous waste
• Invoices and receipts from waste carriers
• Any correspondence about waste disposal

Retention periods:

• Waste transfer notes: 2 years minimum
• Hazardous waste consignment notes (producer): 3 years minimum
• Hazardous waste records (receiving facility): 5 years minimum

What happens if you breach duty of care

Breaching your duty of care is a criminal offence. The consequences can be severe:

• Unlimited fines: There is no cap on the fine that can be imposed, whether convicted in a magistrates' court or crown court
• Criminal record: Directors and managers can be personally prosecuted
• Clean-up costs: You may be required to pay for remediation of any pollution or fly-tipped waste
• Reputational damage: Prosecutions are public record and may be reported in local media

Ignorance is not a defence. "I didn't know they were going to fly-tip it" will not protect you if you failed to check the carrier was registered or didn't get a proper waste transfer note.