Duty of Care

Your Waste

Your Responsibility

Your Legal ‘Duty of Care’


All business are required by law to ensure appropriate arrangements are in place for all trade waste generated to be stored, transferred and disposed of correctly and safely.

The Environmental Protection Act 1990 defines business (or commercial) waste as waste from premises used for trade or business or for the purposes of sport, recreation, or entertainment. The collection of waste from a business is not covered in your rates and must not be passed off as household waste i.e. by presenting for kerbside collections provided by the Council or disposed of within public lifter bins. This would be classified as fly-tipping and a separate offence where a fixed penalty notice can be used.

Under the Section 34(6) of the Environmental Protection Act 1990 all businesses have a duty of care for the waste generated from the business.

The duty of care requires all businesses to ensure:

  • all waste is stored/contained in suitable containers securely so it cannot escape
  • all waste is collected/transferred by an authorised person/ waste carrier
  • all waste is disposed of legally at a licensed waste disposal site
  • a Controlled Waste Transfer Note is completed for each transfer and retained for two years.

If your business fails to comply with this legal duty it could result in your business being prosecuted and heavily fined, as breach of this duty of care is an offence.

ID: 759, revised 26/04/2024