SiteKiln gives you plain-English information, not legal advice. If you need advice specific to your situation, talk to the Environment Agency or a qualified waste management adviser.
You can boil this down to one idea: once you create waste, the law expects you to babysit it until it's in the hands of someone properly authorised -- you can't just "get rid of it and forget it".
1. Who the duty hits
Section 34 of the Environmental Protection Act 1990 and the Waste Duty of Care Code of Practice say the duty applies to anyone who imports, produces, carries, keeps, treats, disposes of, or as a dealer or broker has control of controlled waste.
For you, that means:
- If you run a building firm or are a self-employed tradesperson, you are a "waste holder" for the rubble, soil, packaging, offcuts, old kitchens/bathrooms, etc. you produce.
- The duty applies to household, commercial and industrial waste -- construction waste on a job is covered.
- Breach of this duty is a criminal offence -- magistrates can issue unlimited fines, and councils can issue fixed penalty notices (often around £300) for failures like not producing paperwork when asked.
2. The 5 things you must do
The official Code of Practice boils it down to five duties for all business waste holders.
You must take all reasonable steps to:
1) Prevent unauthorised or harmful deposit, treatment or disposal
Don't let your waste end up fly-tipped, burned in a field, buried on site, or taken to a non-permitted yard.
2) Prevent breaches of environmental permits
Don't send waste to a site that isn't permitted for that type or quantity of waste; don't overload exemptions.
3) Prevent waste escaping from your control
Store it securely so it can't blow, leak or fall out of skips and vehicles.
4) Transfer waste only to an authorised person
That means a registered waste carrier, permitted site, or someone exempt -- you must check they're properly authorised.
5) Provide an accurate description of the waste
Use waste transfer notes or equivalent paperwork with the right description, codes and details so the next person can handle it safely and legally.
If you pass waste to someone else and don't take these steps, you're still on the hook if something goes wrong down the chain.
3. Common mistakes
- Using the cheapest carrier without checking their licence -- if they fly-tip, you're both liable. Check the public register every time.
- Not keeping waste transfer notes -- "we always use them, they're sound" isn't a defence. You need the paperwork for at least 2 years (3 for hazardous).
- Burning waste on site -- even "clean" timber burning is usually an offence without the right exemption, and burning treated timber or plastics is always illegal.
- Burying waste on site -- digging a hole and covering it over is illegal disposal, not "site clearance".
- Mixing hazardous and non-hazardous waste -- keeps hazardous stuff separate (asbestos, solvents, oils, lead paint). Mixing can make the entire load hazardous and much more expensive to dispose of.
- Not describing waste accurately -- vague descriptions on transfer notes make it easier for dodgy carriers to dump it and harder for you to prove you did the right thing.
4. Who to contact
- Environment Agency -- waste duty of care -- guidance and Code of Practice: gov.uk/government/publications/waste-duty-of-care-code-of-practice (free)
- Environment Agency -- check a waste carrier -- public register: environment.data.gov.uk/public-register (free)
- Environment Agency general enquiries -- 03708 506 506 (free from landlines)
- Your local council -- fly-tipping reports and local enforcement: gov.uk/find-local-council (free)
- NetRegs -- environmental guidance for small businesses: netregs.org.uk (free)
5. Sources and legislation
- Environmental Protection Act 1990 -- section 34 (duty of care for waste). legislation.gov.uk/ukpga/1990/43/section/34
- Waste (England and Wales) Regulations 2011 -- waste transfer notes, waste hierarchy, carrier registration. legislation.gov.uk/uksi/2011/988
- Waste Duty of Care Code of Practice (England) -- the official guide to what the duty means in practice. gov.uk/government/publications/waste-duty-of-care-code-of-practice
- Environmental Permitting (England and Wales) Regulations 2016 -- what sites need permits or exemptions. legislation.gov.uk/uksi/2016/1154
6. Related guides on this site
- 11.1 Waste carrier licence -- the basics
- 11.3 Fly-tipping -- the penalties are serious
- 11.4 Hazardous waste regulations -- what counts and how to dispose of it
- 7.12 Waste carrier licence -- you probably need one
- Building Regulations: Construction Waste & Duty of Care
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