Duty of Care

If you have waste 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.

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 doesn't 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.
ensure the waste goes to a proper site - licensed or exempt
give the person a transfer note - this must include a description of the waste and signed by both of you. Keep copies of your transfer notes for a minimum of two years.

Transfer Notes

There is a duty of care on companies who import, produce, carry, treat, keep and dispose of waste, as a written description of the transferred waste is required by law and should be kept for two years. Waste transfer notes are documents which must accompany any transfer of waste between different holders and their purpose is to allow other people who handle waste to know what they are dealing with so they can manage it safely and properly. They must contain information about the type of waste, its quantity and method of storage, the time and place of transfer and the name and address of who is disposing and collecting the waste.

Waste transfer notes contain:

a description of the type of waste and a reference to the correct code from the List of Wastes Environment Agency – Using the List of Wastes to code waste
the quantity of waste
whether it is being transferred loose or in a container
if it is in a container, the kind of container
the time and place of the transfer
your name and address
the name, address and waste carrier registration number of the person you are transferring your waste to.