2. What the law says
The costs of getting it wrong
FAQs
Example documents
Further information
CONTENTS
3
5
6
7
8
3. What does the law say I must do
The Environmental Protection Act 1990 (and subsequent amendments) places a
‘Duty of Care’ on all businesses over the waste they produce. This means you, as
owner or operator, have a legal responsibility to make sure the waste your business
generates is disposed of correctly, wherever you are working.
How can I dispose of my waste correctly?
You must ensure that:
• All waste from your business is kept secure until it’s collected
• Anyone collecting waste from your business is registered with the Environment
Agency to carry waste
• You keep records proving that a registered waste carrier collected it and where it
was disposed of ie. an accredited recycling facility or waste transfer station
It is deemed that you are breaking the law to get rid of waste from your business
by putting it in a street side bin, or by treating it as household waste and using the
Council’s domestic refuse collection service.
You need to register with the Environment Agency if you do any of these as part of
your business:
• transport waste
• buy, sell or dispose of waste
• arrange for someone else to buy, sell or dispose of waste
It is worth doing it sooner rather than later as you can be fined up to £5,000 if you
don’t register. Registration is usually free if you only transport waste you produce
yourself.
Business waste includes any waste that comes from:
• any commercial activity – including one you operate from your own home
• construction
• demolition
• industry
• agriculture
WHAT THE LAW SAYS
4. When I put my waste out for collection is it
still my responsibility?
Yes, it is your responsibility to ensure your waste is kept
in a secure container that prevents pollution of the local
environment.
If waste does escape and causes harm to people or
the environment, the person responsible for the waste
could be prosecuted.
I am being approached by people offering
money to remove my scrap metal. Is this
ok?
It may be tempting to pass your scrap metal to such people, particularly if they offer
to pay you for it. However, many people who operate in this way do not have a
mobile collector’s licence, issued by the council, to carry scrap metal and you would
commit an offence by passing your scrap metal on to them.
It is also illegal to buy/sell scrap metal for cash. Unlicenced dealers may also offer to
take away other waste along with any scrap metal - which is often found fly-tipped
elsewhere. In such cases, you could be held responsible for not meeting your Duty
of Care.
How do I avoid getting caught out?
• Always ask to see a Waste Carrier’s Registration
• Prove you are meeting your Duty of Care
• Always insist a Waste Transfer Note is completed
What to do with Hazardous and Electrical Waste?
Many businesses produce waste that is harmful to health or the environment. This
includes items such as paints, waste motor oils/filters, fluorescent tubes, televisions,
fridges or other chemicals which can be flammable, corrosive or toxic.
If you think you produce hazardous waste you should contact the Environment
Agency for advice. The disposal of electrical equipment is also covered by specific
regulations and you should contact the Environment Agency for further advice.
5. What you need to know?
Remember, it is a criminal offence for failing to:
• Sort and store waste safely and securely
• Check if your waste carrier is registered to dispose of waste
• Complete a waste transfer note for each load of waste that leaves your premises
• Check the waste carrier’s destination of your waste, to ensure you follow a duty
of care
A Fixed Penalty Notice of £80 can be issued if you fail to comply with a notice
requiring you to contain your waste properly. A Fixed Penalty Notice of £300 may
also be issued for failing to produce Waste Transfer Notes on request.
Alternatively, for these and a variety of other offences, you may be prosecuted in the
Magistrates’ Court and face fines of up to £50,000 or 12 months in prison.
Serious offences may be dealt with at Crown Court, which can impose an unlimited
fine and/or two years in prison.
THE COST OF
GETTING IT WRONG
6. What is a registered waste carrier?
A registered waste carrier is a business which holds registration with the
Environment Agency for the transportation of waste.
You can check if a company is a registered waste carrier by contacting the
Environment Agency.
What information must be on a Waste Transfer Note?
When waste is passed from one person to another, the person taking the waste
must have a written description of the waste (to include the relevant European Waste
Catalogue (EWC) code and Standard Industry Classification (SIC) code which say
how, what and why gave rise to the waste being created).
A waste transfer note must be filled in and signed by both persons involved in the
transfer, and also contain the address of the production of the waste and a signed
declaration. Waste Transfer Notes must be issued every time a collection is made.
Why do I have to keep a record of who collects my waste?
The law says it’s your responsibility to make sure your waste doesn’t end up as an
environmental hazard/ fly-tip or other litter. You must keep a record to prove that
you arranged for a registered waste carrier to collect your waste. If you can’t prove
this, you can be prosecuted.
What records do I have to keep?
The law says you must keep a copy of waste transfer notes for at least two years
and the Council and/or the Environment Agency can demand to see them at any
time. If you can’t produce them, even if you had one and lost it, you will be in breach
of your Duty of Care.
FAQs
8. HIPPO is a national provider of innovative and integrated waste logistics solutions
and a main partner to the IKBBI and its members. The HIPPO service caters to the
waste removal needs of a huge range of industries, from kitchen fitting and new
bathrooms to wider refurbishment projects and construction (with everything in
between!).
HIPPO are a fully compliant waste carrier registered with The Environment agency.
Our registration can be found at: environment.data.gov.uk/public-register/
To find out more about the national service HIPPO provides to iKBBI members and
our unique trade discount scheme, visit hippotrade.co.uk
ABOUT HIPPO
