Your Duty of Care for Waste
Everyone who produces waste in England has a legal responsibility to make sure it is handled properly, even after it has left their property. This is known as the duty of care, and it comes from the Environmental Protection Act 1990. For householders, it mainly means making sure your rubbish goes to someone who is authorised to take it. For businesses, it also means storing waste safely, describing it accurately and keeping records.
What Is the Environmental Protection Act 1990?
The Environmental Protection Act 1990 is one of the main pieces of UK law covering waste and pollution. Among other things, it makes it an offence to deposit, treat or dispose of waste without the right permit, which is how fly-tipping is prosecuted, and it sets out the duty of care that applies to everyone who produces, carries or handles waste.
The Duty of Care for Householders
If you pay someone to take your rubbish away, you must take reasonable steps to check that they are authorised to do so. In practice, that means asking for their waste carrier registration number and checking it on the Environment Agency's public register before handing anything over. If your waste is later found dumped and traced back to you, your council can issue a fixed penalty of up to £600, and more serious cases can be taken to court.
The Duty of Care for Businesses
Businesses have wider responsibilities. Waste must be stored securely so it cannot escape or be blown away, it must be passed only to authorised carriers, and every transfer must be recorded on a waste transfer note that describes the waste and is kept for at least two years. Hazardous waste needs a consignment note instead. Our guide to waste transfer notes explains what they must include, and our guide on digital waste tracking covers how record-keeping is changing.
Warning Signs of a Rogue Waste Collector
Be cautious if a collector cannot give you a registration number, only accepts cash, has no business address, uses an unmarked vehicle or quotes a price far lower than anyone else. These are common signs of operators who dump waste rather than paying to dispose of it legally. Our guide on what a waste carrier licence is explains how to check, and changes to the licensing system are covered in our guide on waste carrier permit changes.
What Happens If You Get It Wrong?
Fly-tipping is a criminal offence, and councils in England can now issue fixed penalties of up to £1,000 to those caught dumping waste. Prosecution can lead to unlimited fines and, for the most serious offences, imprisonment. Even if you did not dump the waste yourself, breaching your duty of care can still lead to a fine, which is why it is always worth using a reputable, licensed company.
Getting Rid of Waste the Right Way
As a licensed waste carrier, Taylors Skip Hire provides skips, clearances and removals across Surrey and Sussex, with everything we collect sorted at our Horley picking station. If waste has already been dumped on your land, our guide to fly-tipping clearance explains how we can help.
