Test Valley Borough Council does not provide a trade waste collection service.
Trade waste is a general term used to describe waste from non-domestic sources. Trade waste can include animal waste; clinical waste from nursing homes, hospitals and surgeries; manufacturing waste; office waste; shop and general retail waste etc.
Duty of Care – your business waste responsibilities under sections 33 and 34 of the Environmental Protection Act 1990
If you are a business, the waste Duty of Care applies to you.
Commercial, industrial and household wastes are classified as ‘controlled waste’. The waste duty of care applies to all controlled waste – this means that waste materials produced as part of your business or within your workplace are regulated by law.
If you produce or deal with waste that has certain hazardous properties, you will also have to comply with the additional requirements of the hazardous/special waste regulations.
What is the Duty of Care? As a business, you have a duty to ensure that any waste you produce is handled safely and in accordance with the law. This is the ‘duty of care’ and it applies to anyone who produces, imports, carries, keeps, treats or disposes of controlled waste from business or industry or acts as a waste broker in this respect. You must make sure that anyone you pass your waste on to, such as a waste contractor, scrap metal merchant, recycler or skip hire company, is authorised to take it.
You and/or your business have a duty to take all reasonable measures to:
- prevent anyone keeping, depositing, disposing of or recovering your ‘controlled waste’ without a waste management licence or an exemption from the need for a licence
- ensure that their waste management licence has not been suspended or partially revoked and that they are not in breach of the conditions of that licence or exemption
- stop materials escaping from your control or the control of anyone else by packaging it appropriately and robustly
- ensure that waste is only transferred to an authorised person or organisation
- ensure that the waste being transferred is accompanied by a written description that will enable anyone receiving it to dispose of it or handle it in accordance with his or her own duty of care.
This legislation is also meant to ensure that the transfer of waste is only to an authorised person or to a person for authorised transport purposes and that a written description of waste is also transferred. This description is called a Waste Transfer Note (WTN).
A WTN is usually a one-page sheet supplied to you by your waste contractor and it should contain the following details:
- your company details
- type and quantity of waste
- method of waste containment
- time, date and location of waste collection
- details of the company collecting the waste
You are required by law to keep copies of your waste transfer notes for two years.
The Council’s Environmental Service Officers are authorised to check businesses to ensure they are practising appropriate waste management. This means an officer may come to your premises and ask you to demonstrate your waste is being contained adequately and that you have a valid waste contract and the required WTNs.
Failure to comply with your Duty of Care is a criminal offence. Test Valley Borough Council may issue a £300 Fixed Penalty Notice for this offence, or seek a prosecution where significant breaches occur. The maximum penalty for this offence is £5,000.
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|Business Waste - Duty of Care Leaflet||141KB||
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