Requirements for disposing of waste as a business?

All businesses, including ones run from a home, have a legal duty under the Environmental Protection Act 1990 and other legislation to safely contain and lawfully dispose of any waste that they produce.

The obligations apply to any waste that is generated as a result of a commercial activity. This waste is called commercial or business waste.  You may also hear it referred to as Controlled Waste. There are two ways to lawfully dispose of this waste, disposing of it yourself, or using a waste disposal contractor to dispose of it for your business.

If you choose to dispose of your business waste yourself, you must keep and be able to produce on request ‘Waste Transfer Notes’ for all waste materials disposed of.  These notes must provide a description/type of waste; record the licensed site where the waste was lawfully transferred; identify the amount of waste deposited; and note the date the waste was transferred. You will need to register as a waste carrier if you wish to dispose of your own waste regularly and ensure that the final destination for the waste is properly authorised and licensed to receive it. You may also need to apply for a waste permit.

If you transfer waste to another company to collect and dispose of it for your business, you must ensure that the company collecting the waste is correctly licensed to carry it and transfer it on your behalf. You must receive a fully completed waste transfer note for each and every load of waste that leaves your premises. You are also advised to satisfy yourself of the final destination of each load and that the ultimate recipient of the waste is correctly authorised to accept it. Ensure that you use a reputable company to transfer the waste on your behalf. 

The responsibilities placed on your business are more onerous in the event that the waste you transfer is deemed to be hazardous waste.  

If the duty is breached, your business can be investigated and prosecuted for waste offences.

You should contact our Regulatory and Licensing Partner, James Lowe on 07833 240400, if you wish to discuss your obligations in this area further with an environmental law specialist