Under Part II of the Environmental Protection Act 1990, you have a duty to take all reasonable steps to manage waste safely, if your business produces or stores waste.

Paying for the removal of your waste is not enough. You must prove you have acted in a sustainable and responsible manner.

You must

Duty of Care legislation means you must:

• use a licensed waste carrier to take your waste away

• provide adequate waste storage facilities, which are clean and fit for purpose

• ensure your containers are emptied often enough to prevent spillage

• keep your business area clean - this includes responsibility for litter created by your business and your customers outside your premises

• secure the waste against unauthorised removal as far as is reasonably practical

• ensure you have a Waste Transfer Note, as supplied by your waste contractor

• keep waste to a minimum by doing everything you reasonably can to prevent, reuse, recycle or recover waste (in that order)

You must not

Duty of Care legislation means you must not:

• place waste anywhere other than in the waste designated containers

• fill your container beyond its capacity, the lid must be shut securely enough to prevent spillage

• allow waste from your business to cause environmental pollution or harm pest infestation

• place any waste in containers that does not comply with your Waste Transfer Note description

• store general waste, recycling and food separately and ensure they do not contaminate each other

These requirements are the main elements of your duty of care, which apply to all businesses.

The Environment Agency and us are authorised to check if you are complying with your duty of care.

This means an officer can come to your premises and ask to see your Waste Transfer Notes.

For more information see the Government’s on your Duty of Care.