A comprehensive waste management plan is vital when considering sustainable environmental practices.
At Ecobuild this year, I was fascinated by many products and materials that are completely recyclable. But before going to this topic further (see bottom of page), here the FMB Information Services Department highlights the importance of controlling waste where recycling may result in more environmental savings.
There are two types of waste:
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Controlled waste
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Hazardous waste.
Strict laws apply to both and you could be facing heavy fines if you do not follow those rules.
In addition, the FMB legal protection insurance policy has now been extended to cover legal defence in circumstances when dealing with the police or the Health and Safety Executive where you or your employees may have committed a criminal offence in connection with your business activities. Click here to see the FMB Commercial Legal Protection Policy.
DEFINITION OF CONTROLLED WASTE
Rules apply to anyone who carries/ transports and disposes of controlled waste. This waste includes scrap metal, tarmac, plastic windows, trees, bushes, paving soil, roof tiles, all types of garden waste, rubble and anything else that is no longer wanted by the person who produced the waste or originally owned it.
If you clear land or gardens, or your job involves removing waste and rubbish as part of your normal routine, the waste you carry is commonly known as ‘controlled waste’.
You are legally required to have a Waste Carriers Licence, if you carry (transport) and tip (dispose of) waste, including construction and demolition waste or take scrap metal to the scrap yard. If you work for someone else and you carry waste for them, the employer must have the carrier’s licence. Currently they cost £154 from the Environment Agency and last for three years.
If you don’t have a licence and you carry waste, it is likely you will be prosecuted and could even lose your vehicle depending on what you are carrying.
Once you have your Waste Carriers Licence, make sure you always complete a Waste Transfer Note when you take your waste to the tip and keep it for at least two years. You MUST only ever use a licenced tip to get rid of your waste. You MUST pay for all controlled waste that you take to the tip. The only type of rubbish you can tip free of charge is from your own home and is classed as ‘household waste’. The council collects this for you each week. Most councils also have a bulky waste collection scheme to collect larger household items from you free of charge.
Recent stop and search exercises by the enforcement teams and the police in many Local Authorities identified waste carriers who had the correct Waste Carrier’s Licences but did not have the correct paperwork as proof of waste disposal. These people are still committing offences and have since been prosecuted.
If you have a tipper or a flat back type vehicle and you are stopped with waste (including green and scrap) on the back, and you don’t have any of this documentation, you will find it hard to prove to the enforcement team that you are legally disposing of your waste.
You are required by law to prove you tip your waste legally by having the correct licence, paying for its disposal and by keeping your Waste Transfer Notes. You can even get a receipt when you take your scrap to the scrap yard.
DEFINING HAZARDOUS WASTE
This is waste which is monitored more closely as it contains hazardous properties that may be harmful to human health or the environment. It includes fridges and freezers, fluorescent tubes, chemicals, asbestos, computer screens, televisions and various other items that can be harmful to human health if not properly disposed of. You must have a special licence to carry this type of waste and documents with every load.
Hazardous waste must be separated from other waste and may only go to a waste treatment facility that is Licenced to receive hazardous waste otherwise you will be prosecuted.
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.tinyurl.com/environment-agency
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.
