Business Waste - Duty Of Care
What is it?
As a business and producer of waste, you have a duty to ensure
that any waste you produce is stored safely and securely in
suitable containers. You are also responsible for ensuring that
whoever removes your waste is authorised to do so. You should ask
for proof that they obtain a registered waste carrier's license.
The Duty of Care requires that you have copies of all the necessary
documentation from anyone handling the waste. All such
documentation must be signed. The legal requirements are contained
within section 34 of the Environmental Protection Act 1990 (EPA)
and the Approved Code of Practice.
Under the EPA it is also an offence to place your waste on the
highway although it may be acceptable for placement to be made
within 1 hour of your scheduled collection.
What do I have to do?
- Ensure your waste is stored and disposed of responsibly.
- Make sure your waste is only handled or dealt with by people or
businesses that are authorised to do so.
- Keep records of all the waste that you transfer for the last
two years, including your duty of care certificate.
You are free to choose who collects your commercial waste
providing they are a licensed waste carrier. It is your
responsibility to ensure that they are licensed before you allow
them to take your commercial waste. You can check with the
Environmental Agency - 08708 506 506.
Advertising
As a business you will occasionally need to undertake
advertising. Certain areas within the district are occasional
targeted with free printed material that ends up as litter and
buildings are subject to fly-posting. Fly-posting is an offence
under Section 34 of the Anti Social Behaviour Act and carries a
minimum penalty of £75 per advertisement and a maximum penalty of
£2,500 upon conviction. Additionally, the unauthorised distribution
of free printed matter is also an offence and both the company
responsible and the person distributing leaflets is liable for a
£75 fixed penalty notice. Please be respectful of our district and
conduct your advertising through other, legitimate routes.
Shopping Trolleys
Abandoned shopping trolleys can be a nuisance. If you provide
trolleys for customers' use, you must ensure they are securely
stored and steps taken to prevent them being removed from your
premises. Rochford District Council will remove reported abandoned
trolleys and retains the right to charge businesses responsible for
the storage and return of these trolleys.
Smoking Related Litter
Smoking related litter has increased since the introduction of
the smoking ban in July 2007. Many businesses provide shelters,
areas and cigarette bins for employees or customers that smoke. As
a business, you have a responsibility to ensure your employees and
customers have the opportunity to use an ashtray and do not litter
the public highway. Any individuals dropping smoking related litter
may be liable for a fixed penalty notice of £75. Rochford District
Council can also serve a Street Litter Control Notice on any
premises failing to comply with section 94 of the EPA, which
includes the provision and/ or requirement to empty receptacles of
litter or refuse.
Fast Food Litter
Fast Food Litter is a regular sight in most town and city
centres. Rochford District Council has a duty to provide a litter
picking and street cleansing service on public highways and
pavements. However, as a business that produces fast food, you also
have a responsibility to provide adequate receptacles for the
storage of waste created and to regularly remove such waste from
the public highways and pavements. Rochford District Council can
serve a Street Litter Notice on premises failing to fulfil these
requirements. Where the premises are licensed, these requirements
can also be imposed under licensing conditions.
Pavement Cafes
Pavement Cafes and 'A' Frames are currently the responsibility
of Essex County Council, Highways Agency. For further information
and enquiries, please contact them on 0845 6037631
Construction Sites
Any construction project costing over £300k needs a Site Waste
Management Plan (SWMP) by Law. The SWMP's purpose is to ensure
that, building materials are managed efficiently, waste is disposed
of legally, and material recycling, reuse and recovery is
maximised. The Site Waste Management Plan Regulations are enforced
by the Local Authority and the Environment Agency who may require
to see the plan at any time during the project. Whilst there is a
legal obligation to have a SWMP for projects over £300k smaller
projects can also benefit from the plan to improve the waste
management of the project.