June 2009

Under the Environmental Protection Act 1990 there is a duty of care to ensure that waste is handled safely and in accordance with the law. The duty of care has no time limit, it extends until the waste either has been finally and properly disposed of or fully recovered.

The FMB Information Department has summarised here the legal requirements and relevant steps you need to take if you produce controlled waste and hazardous/special waste.

Under the Environmental Protection Act 1990 there is a duty of care to ensure that waste is handled safely and in accordance with the law. The duty of care has no time limit, it extends until the waste either has been finally and properly disposed of or fully recovered.

When you have produced waste you should:

• Store it safely and securely and dispose of it responsibly
• Ensure that you only pass waste on to someone who is authorised to take it. If you do not and your waste is illegally disposed of you could be held responsible
• Give all employees and contractors working on your premises instructions about how to handle and dispose of each type of waste that might be produced and regularly check that they are following these instructions
• Keep records of all waste that you transfer or receive for at least two years
• Register as a waste carrier if you transport building, demolition or other controlled waste
• Produce a Site Waste Management Plan (SWMP) for projects over £300,000. Download FMB Information Sheet, Site Waste Management Plans (SWMPs) Information Sheet for further information
   

Storage and transportation of waste

Store all waste safely and securely in suitable containers such as skips, Intermediate Bulk Containers (IBCs) or drums. Containers should be in good condition and clearly labelled.

Ensure storage facilities are secure against vandalism or outside interference; you are responsible for any pollution caused by materials that originate from your site.

Package all waste materials appropriately and robustly to stop them escaping from your control. Ensure materials cannot blow away and that pollutants cannot leach into the ground or escape into drains or watercourses.

Separate materials that are incompatible, such as chemicals, which may react together if a leak occurs.

Waste must be transported in suitable and secure containers and vehicles, to prevent waste from being spilled. Suitable containers include tankers, skips, Intermediate Bulk Containers (IBCs) and drums. Loose materials should be covered or netted to prevent them from being blown away.

A Waste Transfer Note can be accessed from: http://publications.environment-agency.gov.uk/pdf/GEHO0309BPOK-e-e.pdf

Hazardous waste

If you produce Hazardous/special waste (waste that contains hazardous properties that may render it harmful to human health or the environment) then you must be aware that it is illegal to mix hazardous waste with other waste.

Hazardous waste must be separated and may only go to a waste treatment facility that is licensed to receive hazardous waste.

The transfer of hazardous waste must be accompanied by a Consignment Note which should be kept for three years.

The Environment Agency has written a guide, ‘What is a hazardous waste?’ to help you determine if your waste is hazardous or not.

It can be downloaded from www.environment-agency.gov.uk/static/documents/GEHO0506BKTR-e-e.pdf.

All businesses producing hazardous waste in England and Wales must be registered with the Environment Agency. Movement of any hazardous waste without registration is a criminal offence.

Find out more at www.environmentagency.gov.uk/subjects/waste/

Tel 08708 502858.

It is an offence to transport controlled waste if you are not a registered carrier

You must register if you transport building, demolition or other controlled waste in your own vehicles, even if you only occasionally transport waste that you have produced yourself.

Contractors should register unless they can guarantee they will never carry waste in their own vehicles. You should carry the certificate of registration with you, if you are unable to produce the appropriate registration when stopped you can be fined.

Registrations last for three years from the date of issue or renewal. Current fees are:

• England and Wales £152
• Scotland £157
• Northern Ireland £120.

Alternatively, if you pass waste on to waste contractors, scrap metal merchants, recycling companies, skip hire companies or your local council, then you must also ensure that anyone removing waste from your business

• Has a waste management licence, Pollution Prevention Control (PPC) permit or an Environmental permit
• Is registered as a carrier of controlled waste
• Is exempt from registration as a carrier of controlled waste, or is from a waste collection authority in England and Wales, a district council in Northern Ireland or a waste disposal authority in Scotland.