Duty of Care – A Guide to Commercial Waste Management
You’ve probably heard of Duty of Care if you’re a business owner. It’s a legal responsibility to handle commercial waste properly, even after it has left your site. Duty of Care applies to you and anyone who handles commercial waste at your location. You must do all reasonable actions to ensure that waste is handled safely. Here’s a guide to Duty of Care and what you should know about it.
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Duty of Care
What is a Duty of Care waste policy? There are many definitions, but they all fall within commercial waste management. A Duty of Care policy is a waste management policy that takes care of your business’s waste. Businesses should keep records of waste generation for two years. Otherwise, they break their “Duty of Care” and risk a fine.
Moreover, a Duty of Care waste policy may result in more than a £1 billion fine. Generally, the duty of care law applies to all producers, from a single waste collector to a company selling waste products. The law aims to ensure that wastes are properly managed and do not end up in the environment. It is set out in Section 34(7) of the Environmental Protection Act and is applied to waste produced in England and Wales. Local authorities are responsible for enforcing this law, and failure to comply may result in a fine.
A Duty of Care waste policy requires businesses to separate and dispose of their waste properly and securely. In addition, businesses must ensure that the waste carrier is registered and complete and archive any relevant waste transfer notes. Ultimately, the Duty of Care waste policy requires businesses to properly manage their waste from the moment it is produced to its final destination. Despite its name, this law is highly complicated. Knowing the laws in your area and how to comply with them is essential.
Duty of Care: Regulations
The Environmental Protection Act 1990 (the EPA) imposes a duty of care on companies that handle waste. Businesses that do not follow these regulations risk being prosecuted or fined. In addition to fines, businesses must document the waste transfer and the steps taken to dispose of it properly. Businesses must comply with the EPA Regulations to prevent waste crime, which is rising and costs the Government over £1 billion every year.
- These regulations cover many environmental issues, from hazardous waste to non-hazardous waste.
- They require compliance with various rules and regulations and have multiple complex requirements.
- Many organisations have failed to comply with these regulations, so they should seek help from an environmental consultant.
- A duty of care aims to minimise waste’s environmental impact and protect human health.
The Environmental Protection Act 1990 requires that waste management facilities follow a duty of care policy critical to protecting the environment. Businesses produce waste, categorised as business waste, depending on where it originates. This includes waste produced within a business but excludes hazardous and clinical waste. Businesses must keep waste records for two years. Companies that put business waste outside must adhere to the Regulations for Duty of Care waste policy.
They also must use a licensed refuse collection service. If they do not follow the regulations for waste, they will be breaking the Duty of Care.
Recycling codes |
1 |
2 |
3 |
4 |
5 |
7 |
PETE |
HDPE |
V |
LDPE |
PP |
|
Polyethylene Terephthalate. |
High Density Polyethylene |
Polyvinyl Chloride |
Low-density Polyethylene |
Polypropylene |
|
Duty of Care: Enforcement
As the waste producer, you are legally responsible until a licensed carrier collects your waste. Many times, bin lids are wide open, unlocked, or damaged. As a result, waste often sits on the ground because the contractor failed to collect it. To avoid a breach of duty of care, you should always keep records of all waste produced by your business.
Here are some things you should look for when enforcing your duty of care.
- First, knowing what happens to hazardous waste once it reaches the environment is essential. Sometimes, finding a responsible party is impossible unless sufficient evidence shows negligence. However, in some cases, the responsible party may not have the money to complete remedial work. In such cases, enforcement personnel must wait until funding opportunities from Superfunds or special legislative appropriations become available.
- In addition, a felony conviction could carry a fine of as much as twenty years.
- Enforcement of the duty of care waste policy involves acting against businesses and individuals who don’t comply with their obligations to dispose of their waste properly.
- Businesses and households should always place their bins at the appropriate locations for collection. Wheeled bins should be placed where public highways and private property meet.
- Following these guidelines can reduce your risk of being fined by the authorities. This is important for both the environment and your business.
Duty of Care: Business
A Duty of Care waste policy is essential for any commercial waste business. Under the Environmental Protection Act 1990, businesses must separate and legally dispose of their waste. Businesses must also keep records of their waste disposal activities for two years to prove they have met their legal obligations.
Waste management should be an integral part of a business’s everyday operations. By following this policy, businesses can ensure their waste is recycled and properly disposed of. To comply with environmental laws, businesses must properly store their waste, ensure it is transferred and treated, and archive its waste records. Regardless of the type of waste a business produces, it must be managed by an authorised professional to ensure safety and environmental protection.
The waste management process must be documented in a comprehensive policy detailing collecting and disposing of waste. If not followed, businesses could face penalties under the Environmental Protection Act. Non-compliance with this policy can be extremely harmful to the environment and, in some cases, could even lead to criminal charges. Business duty of care waste policies is essential for any business that generates waste.
In most cases, SMEs are waste producers, which play a major role in the duty of care. Waste management policies will detail the types of waste your company produces and how it disposes. A good duty of care policy will include a statement of intent reaffirming your company’s commitment to safe, compliant waste disposal. Household What is a Household Duty of Care Waste Policy? It is a policy that describes how waste generated in a household should be disposed of.
Duty of Care: Types of Waste
Usually, the waste is classified into two types, domestic and business.
Households produce domestic waste, while business waste comes from businesses and organisations. In both cases, the waste generated should be disposed of properly. A household duty of care waste policy will help them meet this legal responsibility. Businesses must also adhere to the rules and regulations under this policy to ensure the safe management of waste. This policy is in place to protect human health and the environment. Businesses will pay an authorised waste service provider to collect their waste.
Failure to comply with the policy can result in the waste being illegally dumped or in the household using a household waste service instead. Businesses are required to track their waste collection using Waste Transfer Notes. Waste Transfer Notes record important information about the waste collected. A Duty of Care is a legal obligation for all occupiers of domestic property. A waste carrier must collect the waste from domestic premises and dispose of it correctly to reduce its fly-tipped risk.
Failure to comply with this duty of care will lead to penalties and fines. Obtaining a waste carrier’s license and the full address is crucial to compliance with the law. If your waste carrier cannot meet the rules, you should look for another service. Industrial A duty of care industrial waste policy sets out what businesses must do to meet the legislation requirements. The policy applies to all businesses that produce, process, or dispose of waste and identifies the duties and responsibilities to comply with it.
Private businesses may also collect and dispose of waste but must be registered with the Environmental Agency (EA). These operators must also have a valid upper-tier registration, which begins with CBD. Businesses must secure the waste produced on-site, ensure the waste carrier is fully registered, and complete and archive waste transfer notes. They also must ensure waste is handled responsibly throughout the chain.
The responsibility for waste management begins with the business but extends to the carrier and the end-user. The duty of care industrial waste policy must be in place and follow all relevant legislation. It should be followed and communicated to all stakeholders, including contractors, suppliers, and customers. In England and Wales, the Government has produced revised Codes of Practice and has set out requirements for certain types of waste.
Duty of Care: Commercial
There are many practical implications of the Duty of Care for businesses.
- In addition to the legal obligations, the policy requires detailed planning and contingency plans.
- It also imposes several obligations for waste management, including regular inspections and providing a complete description of each waste.
- The policy is crucial to any business that wishes to maintain its reputation.
- The duty of care for waste applies to both household and commercial waste.
- It covers waste production as well as waste disposal and recycling. It applies throughout the waste chain, from where the waste leaves the owner’s premises.
- In essence, the policy requires that all waste a business generates is treated and disposed of in an environmentally-friendly manner, and by understanding what constitutes waste, businesses will determine which methods best suit their business.
Businesses must retain copies of their trade waste contract for two years. Failure to do so could lead to a fixed penalty notice of £300, a referral to court and a fine of £5000. The timings of waste collection will depend on the contract and the company. Hammersmith & Fulham Council, for example, want to keep their streets clear. Therefore, businesses must ensure that their waste is collected within certain hours.
Duty of Care – Learn more about UK business waste statistics here
Other useful links from our Commercial Waste Centre
The Benefits of Dry Mixed Recycling
Looking After Your Business Bins
Commercial Skip Hire – How to Find a Cheap Deal
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