Journey
Your waste was fly-tipped - what now?
What to do when waste linked to your business is found illegally dumped. Understand your liability, gather your records, cooperate with the investigation, and prevent it happening again.
Waste linked to your business has been found fly-tipped
You may have been contacted by the Environment Agency, your local council, or the police because waste traceable to your business has been found illegally dumped. This is understandably worrying. Here is what you need to know about your position, what records to gather, and how to protect yourself.
Under Section 34 of the Environmental Protection Act 1990, the business that produced the waste can be held liable even if someone else dumped it. Your defence depends on whether you took reasonable steps when you handed the waste over.
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Understand your liability
Your duty of care for waste does not end when you hand it to a collector. Section 34 of the EPA 1990 requires you to take all reasonable measures to ensure your waste is handled properly from production to final disposal. If you gave waste to someone without checking they were authorised to take it, you may have breached this duty. The penalty is an unlimited fine.
Your waste duty of care obligations
Full guide to the four legal duties under Section 34, what controlled waste includes, how to use registered carriers, and what happens if you breach your duty of care.
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Gather your records
The regulator will ask to see evidence that you took reasonable steps when you transferred the waste. Collect the following before they contact you again, or as soon as possible after being notified:
- Waste transfer notes for the collection in question
- Carrier registration details - their registration number and when you checked it
- Invoices and receipts from the waste carrier
- Any correspondence - emails, texts, or written quotes from the carrier
- Season tickets if you have an ongoing arrangement
If you cannot find these records, that itself may indicate a problem with how the waste was transferred.
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Cooperate with the investigation
The regulator is trying to establish what happened. They will want to see that you used reasonable measures when handing over the waste. Respond to any requests for information promptly and honestly. Provide copies of your transfer notes and carrier registration records.
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Understand your defence
If you can demonstrate that you used a properly registered waste carrier and completed correct waste transfer notes, you have a strong defence. The key question the regulator will ask is: did you take reasonable steps?
- Strong position: You checked the public register, used a registered carrier, completed waste transfer notes, and kept copies
- Weak position: You used a carrier who offered a cheap cash deal, did not check registration, and have no paperwork
How to verify waste carriers
How to check the public register, what to look for, and how to spot the warning signs of rogue waste carriers before you hand over your waste.
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Prevent this happening again
Whether or not you face enforcement action, take steps now to ensure this cannot recur. Regulators look favourably on businesses that demonstrate they have learned from an incident and improved their procedures.
- Always check the register before using any waste carrier - search by company name or registration number
- Complete a waste transfer note for every collection without exception
- Watch for warning signs: cash-only payment, no company branding on vehicles, reluctance to provide paperwork, prices that seem too good to be true
- Ask where your waste is going - legitimate carriers can tell you which facility receives it
- Keep records for at least 2 years as required by law
Meet your waste duty of care
Step-by-step actions to comply with Section 34, including checking carriers, completing transfer notes correctly, and maintaining proper records.