Your waste is your responsibility - Duty of Care
If you produce waste (and every business produces some waste, however small), you have a legal 'Duty of Care'. The duty of care applies to everyone involved in handling the waste, from the person who produces it to the person who finally disposes of or recovers it.
The collection of waste from businesses is not covered in your business rates. Commercial waste must not be disposed of within household waste collections provided by the council. Commercial waste passed off as household waste or placed in street litter bins could lead to prosecution.
Duty of care is one of the main ways to combat fly-tipping.
Giving your waste to other people
There are some simple rules to follow including keeping your waste secure so it does not leak or blow away and if you give your waste to someone else (like a waste contractor) it is your duty to make sure that you:
- Check the person can take it - ask them to produce evidence that they are authorised to carry waste. If they cannot do this, do not give them your waste - contact the Environment Agency on 03708 506 506.
- Ensure the waste goes to a proper site - licensed or exempt.
- Give the person a waste transfer note. Your waste contractor may provide you with this and help you complete the information required - but it is your responsibility to complete your part of the waste transfer note - this must include a description of the waste and be signed by both of you. Keep copies of your transfer notes for a minimum of two years.
Because of changes brought in by the Waste (England and Wales) Regulations 2011, the information required on a waste transfer note has changed. A sample waste transfer note and further advice can be found on the Environment Agencies website.
To check that you are complying with your duty of care, can you answer YES to all of the following statements? If you cannot answer YES, you should take action now to check and comply with the law.
- My waste is stored on my property
- My waste cannot escape from my property and is securely contained
- I have checked that my waste is collected by an authorised person
- I have waste transfer note(s) to cover all my waste collections and I keep the paperwork for 2 years.
For further advice contact the Council’s Environment & Neighbourhood Officers on 01992 564608 and see the advice on the Environment Agency website.
Epping Forest District Council Responsibilities
The council is required to provide a collection service for commercial waste (also known as trade waste) if requested by a local business but do not have to provide the collection service itself.
We will use a contractor and levy a charge for this service. The charge includes costs over and above those of collection and disposal such as invoicing, duty of care paperwork, individual weighing and other administration.
For enquiries about commercial waste collection, contact us:
by email to firstname.lastname@example.org
by telephone on 01992 564608
The council does not provide agricultural or industrial waste collections. These services may be available from the contractors listed below, please contact them direct for details.
How can I Recycle my Commercial Waste?
A number of the commercial waste collectors can recycle certain materials from your waste. The individual materials may vary from contractor to contractor and we advise that you contact them direct for details of their service. The Council does not recycle any commercial waste under any circumstances.
Commercial Waste Contractors
You can use any registered waste carrier to provide the required duty of care and to collect and dispose of your waste. The document below contains a list of commercial waste contractors that operate in the Epping Forest district.