Businesses may ask any registered waste disposal company to collect their waste, there are several private waste companies listed in the Phone Book. Business Rates do not cover the removal of waste from business premises. Commercial waste cannot be taken to the County Council Household Recycling Centres, as they are not licensed to receive it.
Waste and your Duty of Care
Commercial waste is not covered by the Council's municipal waste collection service and traders must make their own arrangements with a commercial waste contractor. The collection of commercial waste is not covered by business rates.
The Duty of Care is a law which states that you must take all reasonable steps to keep waste safe. If you give waste to someone else, you must be sure that they are authorised to take it and can transport, recycle or dispose of it safely. If you break this law you can be fined upto £5000.
Waste carriers must be registered with the Environment Agency. At present this registration costs £136 for three years' initial registration and £93 for renewal thereafter.
Does it affect me?
The Duty of Care applies to anyone who produces or imports, keeps or stores, transports, treats or disposes of waste. It also applies if you act as a broker and arrange these things.
What about household waste?
If the waste comes from your own home and you are transporting your waste, the Duty of Care does not apply to you. But if the waste is not from the house you live in - for example if it is waste from your workplace or waste from someone else's house - the Duty of Care does apply.
Steps you must take
You are required, by law, to produce copies of your current Duty of Care Waste Transfer notes, when asked by an authorised officer from Cotswold District Council, to prove that you are disposing of your waste in a responsible manner, using a registered waste carrier who will provide you with a copy of your waste transfer note.
All producers of commercial waste must ensure all such waste is stored and disposed of in a proper and safe manner. In most circumstances this involves arranging a contract with a registered waste carrier. This will ensure the supply of a proper storage container and the legitimate disposal of your trade waste.
It is unlawful to deposit commercial waste except in accordance with a trade waste agreement or waste management licence. The maximum penalty on conviction at the magistrates court is a fine of £20,000 and/or six months' imprisonment. There are substantially higher penalties at the crown court.
Who has authority to take your waste?
- Registered Waste Carriers: Most carriers of waste have to be registered with the Environment Agency. Look at the carrier's certificate or check with the Agency.
- Exempt Waste Carriers: The main people who are exempt are charities and voluntary organisations. Most exempt carriers need to register with the Environment Agency.
- Holders of Waste Management Licences: Some licences are valid only for certain kinds of waste or certain activities. Ask to see the licence.
- Businesses exempt from Waste Management Licences: Exemptions are given for certain activities, for example the land treatment of specified industrial wastes for agricultural benefit or ecological improvement. Most exempt businesses need to register with the Environment Agency.
- Authorised Transport Purposes: For example the transfer of controlled waste between different places within the same premises.
- Registered Waste Brokers: Anyone who arranges the recycling or disposal of waste, on behalf of someone else, must be registered as a Waste Broker with the Environment Agency.
- Exempt Waste Brokers: Most Exempt Waste Brokers must be registered with the Environment Agency.
Free Recycling - The Wheelie Green
The Wheelie Green company specialise in providing free recycling facilities and free recycling collections for educational institutions, charity shops, businesses and third sector organisations throughout the UK. For more information follow the link The Wheelie Green
For practical guidance on complying with the Duty of Care or applying for a Waste Carrier's Licence, contact the Environment Agency or telephone 08708 506 506 (Monday to Friday 8:00am till 6:00pm).
Cotswold District Council, Trinity Road, Cirencester, Gloucestershire, GL7 1PX
Telephone: 01285 623 123