BUSINESS WASTE. What are the laws relating to business waste? A summary of the waste laws are as follows:

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1 BUSINESS WASTE What is business waste? Business waste can be anything that commerce or industry produces that they want/need to have removed. This includes materials destined for further use. It is estimated that 84 million tonnes of waste are produced by commerce and industry each year.wae 49 Who is responsible for business waste? Under the Environmental Protection Act section 34 and the Waste Management Duty of Care Code of Practice, any person creating waste (this does not apply to household waste from an individual property) has a legal responsibility to ensure that waste is kept safe, stored appropriately and disposed of properly. What are the laws relating to business waste? A summary of the waste laws are as follows: Section 34 Environmental Protection Act 1990 (1) It is the legal duty of any person producing, keeping or disposing of controlled waste (domestic but not household rubbish, commercial and industrial waste) to prevent the escape of waste from their control. This means that businesses must package waste in suitable containers so that waste cannot escape in any way. Waste must also be secured against unauthorised removal as far as is practical. Security should be sufficient to prevent the breaking open of containers and removal of waste by vandals, thieves, animals, or through accident and weather. Section 34 Environmental Protection Act 1990 (1) c) Any person requiring the removal of waste must ensure that the person removing the waste is either from a local authority or a licensed waste collection company. The person who has produced the waste is responsible for ensuring that the waste is disposed of properly, and mustask for proof of registration from their waste carrier. Section 34 Environmental Protection Act 1990 (1) c) It is a legal requirement to provide a written description of the waste to the person who removes it. A transfer note must also be filled in and signed by both persons involved in the transfer. This should indicate the quantity and type of materials in the waste. The composition of the waste or the activity that produces it may also be necessary as part of the description. Repeated transfer of the same kind of waste can be covered by one transfer note for up to a year. WASTE50 Any unexpected or unusual additions to the waste must be notified to the waste remover so that they can dispose of it in an appropriate way. If the waste being produced is hazardous, such as chemicals or drugs, it is a legal requirement to ensure that the person removing the waste is aware of the potential risks and can dispose of the waste properly. Breach of any of the above regulations is a criminal act and offenders can be fined up to 20,000 or six months imprisonment at a magistrates court or can be indicted to the crown court (unlimited fine and/or two years imprisonment) 1 of 6

2 Section 47 (2) Environmental Protection Act 1990 The local authority can specify the type and number of waste receptacles needed to contain commercial waste and avoid nuisance to others. Fines for not complying are up to 1,000. Section 93 (1) & Section 94 (4) Environmental Protection Act 1990 If there is a litter problem related to particular kinds of commercial premises, such as takeaway restaurants, cinemas, sports centres, etc. then the local authority has powers to make Street Litter Control Notices. The local authority has the powers to force businesses to clean the area in front of their premises, provide and empty bins and do anything else which may be necessary to remove litter. A person who without reasonable excuse, fails to comply with a Street Litter Control Notice will be liable to a fine of up to 2,500. What can individuals do? Members of the public should report nuisance waste from businesses to the local authority, which has a legal duty to deal with the problem (only in relation to certain types of land to which the public has access). If individuals feel that the local authority has not responded to their complaint, they can apply to the magistrates court for a Litter Abatement Order under section 91 of the Environmental Protection Act Noncompliance with this order can lead to a fine up to 2, of 6

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5 Disposal of bulky waste There are certain items of waste which must follow special disposal regulations. For the disposal of fridges and freezers for example there are specific guidelines that must be followed. Legally all ozone depleting substances (ODS) (including CFCs and HCFCs) must be removed from refrigeration equipment before it is scrapped. This includes ODS in the cooling system of the refrigerator and the insulating foam inside the walls and door. It is the local authority s responsibility to ensure that all ODS are removed from a fridge or freezer before disposal. The local authority is obliged to provide a collection service for bulky items, although it can charge a collection fee. Alternatively, individuals can take their appliance to the local civic amenity site (tip) for disposal free of charge. This will ensure that the old appliance is disposed of safely. If local traders offer to collect and dispose of appliances owners must check that they intend to dispose of them in accordance with the law (see section 34 Environmental Protection Act 1990). There are also special regulations for the disposal of tyres. Waste tyres must be securely stored on site until they are ready to be transported. Tyres must be collected by a registered waste carrier, and it is the legal duty of the person disposing of the tyres to check the carrier s registration. WAT 54 All waste tyres must be taken to an authorised facility and a waste transfer note must be in force for every transfer of waste tyres. It is essential that copies of all waste transfer notes be retained for at least two years. Failure to comply with these regulations is a criminal offence. Action will be taken to prosecute those found using unauthorised channels and illegally dumping tyres. Those failing to comply with a transfer note can face a maximum fine of 20,000 or six months imprisonment at a magistrates court or can be indicted to the crown court (unlimited fine and/or two years imprisonment). For further information about removal of bulky waste contact the local authority. Further Information & Contacts Environmental Protection Act 1990 ISBN (priced around 20) Published by the Stationery Office (publications centre ) Text of the Environmental Protection Act with explanatory footnotes is available in a book published by Sweet & Maxwell: The Environmental Protection Act ISBN Copies of Your Rubbish And The Law are available free of charge from ENCAMS. They can be ordered via the internet at or by telephone: 5 of 6

6 ENCAMS Elizabeth House, The Pier, Wigan, WN3 4EX Tel: Fax: Department for Environment, Food and Rural Affairs Ashdown House, 123 Victoria Street, London, SW1E 6DE Tel: WASTE Chartered Institution of Wastes Management 9 Saxon Court, St Peter s Gardens, Marefair, Northampton, NN1 1SX Tel: The Environment Agency Rio House, Waterside Drive, Aztec West, Almondsbury, Bristol, BS32 4UD Tel: Waste Watch Leonard Street London EC2A 4LT Telephone: +44 (0) The Environmental Services Association 154 Buckingham Palace Road, London, SW1W 9TR Tel: of 6