Duty of Care for waste materials was introduced in Section 34 of the Environmental Protection Act 1990 and with it came government guidance on waste management.
Whilst there have been a few minor amendments over the years the essential basics have remained unchanged.
The primary duties are to:
Keeping waste safely
Waste should be stored and transported in such a manner as to, as far as reasonably practicable, prevent any escape. It is essential, therefore, that the correct container is chosen for a particular waste type.
In addition, wastes must be kept safely. For example, asbestos should be stored in a lidded and lockable container to prevent both escape and unauthorised access.
Certain materials which can react together, for example acids and alkalis, must be kept separately and in appropriate containers.
If there is any doubt it is recommended that expert advice is sought.
Describing your waste
As the waste producer you should be in the best position to describe your material. This is the most important section of a transfer note because an accurate description is essential to allow the waste to be handled and treated correctly.
If the waste is not properly described or contains unexpected materials, for example glass within a load of paper, this could result in increased costs and, depending on the nature of the incorrect description, the regulator may be informed which may result in a formal investigation.
In essence, the waste description should include:
European Waste Catalogue (EWC)
The European Waste Catalogue (EWC) is a six digit code used to supplement the waste description and forms an essential part of a waste transfer note.
The EWC is divided into 20 Chapters which relate to the various industry sectors. Each Chapter is subdivided into industrial processes and these are further divided into waste descriptions against each of which is the six figure EWC code.
See links to SEPA and the Environment Agency for more information.
Waste Carriers and transferring your waste
There is, with a few minor exceptions, a legal requirement for all waste carriers to be registered with the regulator. Therefore, before any waste is transferred to a haulier it is essential that their waste carrier’s registration is current and valid.
Once satisfied, the waste transfer can be completed by signing the waste transfer note confirming that all the details relating to you as the producer and the waste description are correct.
What happens to your waste?
Once the waste has been transferred to the haulier, in order to ensure that the requirements of the Duty of Care are fully met, the producer should be informed of where the waste is being taken for treatment or disposal.
Whilst the haulier should have carried out the basic Duty of Care checks to ensure that the receiving site is permitted to accept the wastes, in some cases it is prudent for the waste producer to verify that the disposal/treatment method is appropriate.
Non-compliance with the Duty of Care is a criminal offence.
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