Waste: information for businesses
The Environmental Protection Act 1990 and Producer responsibility
Under the Environmental Protection Act 1990, businesses have a duty of care to ensure their waste is well managed. Your Business Rates do not cover the cost of commercial waste collection or disposal so you must make appropriate arrangements yourself.
The Department of Environment, Food and Rural Affrairs (Defra) has published a Code of Practice on complying with this duty.
The Waste Duty of Care: A summary
We will prosecute offenders so you need to be aware of your duties. You must:
- Keep your waste safely and securely so that it does not escape from your control or cause litter. To do this, you must keep it in a suitable container.
- Ensure that it does not cause pollution or harm anyone.
- Only pass it to a properly licenced waste carrier or disposal/recycling facility. You can check whether your waste carrier or disposal facility is licenced on the Environment Agency web site. Businesses cannot use the reuse and recycling centres (tips/dumps/civic amenity sites) provided for household waste.
- Complete a waste transfer note if you pass it to a waste carrier or disposal facility. This should include a written description of the waste and the appropriate European Waste Catalogue code. Many waste carriers will do this for you but it is your responsibility to check. Unless the nature, quantity or collector of your waste changes, this is likely to be done on an annual basis.
- Keep a copy of all your waste collection and disposal records for at least two years. You may have to produce this to a council waste enforcement officer on demand.
- Have a waste carriers licence if you plan to deposit, recover or dispose of other people's commercial, household or industrial waste. To apply for a licence or renew an existing one, visit the Environment Agency web site.
Failure to comply with these requirements is liable to result in a £300 fixed penalty notice and/or criminal prosecution.
It is also good practice to:
- Only place waste for collection on the public pavement immediately outside your premise and if it cannot be collected from within the premise. You should only place sacks, not bins on the pavement and only do so at a reasonable time in advance of your scheduled collection. Local time-banding regulations restrict when you can place waste on the pavement in town centres and main roads. If your collection is missed you must take it back inside.
- Keep your premises and the area surrounding it clean and tidy. It's good for business.
- Recycle wherever possible as this will benefit the environment, improve your green credentials and may reduce your waste management costs.
- Flatten down and bundle up cardboard boxes.
- Dispose of semi-liquid waste such as fats, oil and grease appropriately.
- Avoid putting sharp or dangerous items in plastic refuse sacks. Put them in boxes or wrap securely to avoid injuries to collectors.
- Have enough allocated space within your premise to store the waste you generate between collections.
Do not:
- Put rubbish in or beside public litter bins, trees, lamp posts or around the corner.
- Risk being prosecuted for fly tipping.
- Pour fats, oils or grease into sacks or allow it to stain or cause a slip hazard on the highway.
Free leaflets and information sheets are available from Keep Britain Tidy.
All environmental legislation affecting small businesses is available from Netregs.
Producer responsibility
If your business is involved in the manufacture or sale of any of the following materials you may have a responsibility to ensure proper management of their waste. Find out more:
