If your business produces waste, you have a legal responsibility to make sure:
- you dispose of it safely
- it doesn't cause any harm to health
- it doesn't pollute the environment
What is business waste?
Any waste produced from commercial activity is 'business waste'. If you use part of your home to run your business, any waste you produce from this is classed as 'business waste'.
Business waste also includes any waste from:
- construction
- demolition
- industry
- agriculture
Your 'duty of care' for commercial waste disposal
When disposing of business waste you must ensure it's:
- properly contained and doesn't escape your control
- transferred to someone who is legally allowed to accept it
- accompanied by the proper descriptions (in your waste transfer note)
Your responsibilities ('duty of care') are set out in Section 34 of the Environmental Protection Act, 1990. Failure to comply is an offence with a penalty of up to £5,000 in the Magistrates' Court or an unlimited fine in the Crown Court.
We can only accept business waste at Hazel Court HWRC.
Waste carrier's licence
If your business carries waste, you must register for a waste carrier's licence issued by the Environment Agency. This document states you're legally allowed to carry a particular type of waste.
You must register 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
You can be fined up to £5,000 if you don’t register, however, registration is usually free if you only transport waste you produce yourself.
Enforcement Officers can ask to see your waste carrier's licence - failure to produce authorisation can result in a fixed penalty notice of £300.
We can help you dispose of commercial waste responsibly.
Waste transfer note
A 'waste transfer note' is your record that you've transferred your waste to someone who's legally allowed to accept it. The note documents that you've disposed of your waste correctly.
It's your responsibility to:
- check all the details on the note, including waste description, weight and name of business (before you sign the paperwork)
- keep a copy for a minimum of 2 years
- be prepared to produce waste disposal records for inspection by any local authority (failure to do so could result in a fine of £300)
Crime Not to Care
Every householder is responsible for the disposal of their domestic waste.
Find out more about our #CrimeNotToCare campaign and how, if domestic waste is fly-tipped (even by someone such as a rogue trader who offered to take it away), the law states that the householder could be held responsible and face prosecution.
Also see
Commercial Waste
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