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What Do You Need To Know About Waste Legislation And Guidelines?

Duty of Care

The Duty of Care is a law which says that you must take all reasonable steps to keep waste safe. If you give waste to someone else, you must be sure they are authorised to take it and can transport, recycle or dispose of it safely.

Duty of Care applies to anyone who produces or imports, keeps or stores, transports, treats or disposes of waste. Breach of the Duty of Care is an offence, with a penalty of up to £5,000 on summary conviction or an unlimited fine on conviction on indictment.

Under the Duty of Care Regulations 1991 (the 1991 Regulations), parties transferring waste are required to complete and retain a “transfer note”, containing a written description of that waste. Defra has provided statutory guidance on the completion of the duty of care transfer note in.

Waste management, the duty of care: a code of practice N.B. The above notes have been taken from the Defra Website. For further guidance on Duty of Care and other environmental legislation please visit www.gov.uk/defra.

Hazardous Waste Regulations

Hazardous waste is essentially waste that contains hazardous properties that may render it harmful to human health or the environment. Many everyday products such as fluorescent tubes, TVs, computer monitors and some paints and batteries are now classed as hazardous waste. (Please visit www.environment-agency.gov.uk for a full listing of hazardous waste substances).

If you produce any of these hazardous substances you may need to register your premises with the Environment Agency on an annual basis. The Environment Agency charges a fee to register your premises with them. Skippy Nationwide can assist you with registering your premises if required.

There are some exemptions in place so not everyone need register their premises:

People who Do need to register their premises:

  • Businesses producing any hazardous waste.
  • Any households, offices, shops, farms, schools, colleges, prisons, residential and nursing homes, hospitals, dental, veterinary and other medical practices, premises used by charities and places used for the purpose of collecting waste electrical and electronic equipment that produce more than 500Kg of hazardous waste in a year.

People who Do Not need to register their premises:

  • Businesses that do not produce any hazardous waste of any kind.
  • Households, offices, shops, farms, schools, colleges, prisons, residential and nursing homes, hospitals, dental, veterinary and other medical practices, premises used by charities and places used for the purpose of collecting waste electrical and electronic equipment, producing less than 500Kg of Hazardous Waste in a year.

    Failure to register your premises means that you will be committing an offence as will anyone who removes hazardous waste from your premises.

    Hazardous waste disposal is subject to Duty of Care (see above). As such you need to complete and retain consignment notes for each consignment of Hazardous Waste. Skippy Nationwide can help you fill out these forms and will provide you with copies of all relevant consignment notes.

    Mixing of different categories of hazardous waste or the mixing of hazardous waste with non-hazardous waste is prohibited under the regulations, unless the mixing is authorised by a permit or exemption.

    For more information on Hazardous Waste Regulations and other environmental legislation please visit www.gov.uk/defra.

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