Environmental
Protection (Duty of Care) Regulations 1991
This piece of legislation
takes on the responsibilities of the Environmental Protection Act for
the safe disposal of wastes and devolves the responsibility to the manufacturer
of the waste. All companies that produce waste are affected by this legislation.
The duties and responsibilities laid down below are as much to protect
the producer of the waste from disreputable waste disposal firms as they
are to protect the environment. This is because the company producing
the waste is still responsible for the waste even when someone has removed
it from their site. If it turns up in a ditch the company who manufactured
the waste can also be prosecuted, not just the firm fly tipping it.
Waste Producer Responsibilities:
- Describe the
waste fully and accurately
- Store waste safely
on site
- Select an appropriate
treatment or disposal method
- Ensure waste falls
within the terms of the waste contractor’s waste management licence
- Pack waste securely
- Check waste carriers’
registration documents
- Make reasonable
checks on the waste carrier or manager
- Report offences
to the Environment Agency
- Complete and sign
a waste transfer note of waste to another party
You may need a waste
carrier’s licence if you are moving waste off your site of work.
For example a farmer removing fly tipped waste from his land to the refuse
tip, or a garage removing waste vehicle parts to a scrap yard are both
in breach of the law if they have no license.
If a third party is carrying or returning your waste, they need a waste
carriers licence.
If you are recovering or recycling wastes
or refurbishing a product you will need to comply with at least one of
the following conditions:
- A waste carriers
licence (if transporting wastes)
- waste management
licence
- An exemption from
a waste management licence
Waste
carriers responsibilities:
- You must hold
a waste carrier’s licence
- Ensure adequacy
of containment of wastes in your control
- Ensure waste does
not escape
- Repack waste
if necessary
- Make a visual
inspection to check accuracy of waste description
- Re-describe waste
that is treated or re-packed
- Ensure waste is
taken to an appropriate site with a waste management licence or appropriate
exemption - make reasonable checks on the waste manager
- Complete and sign
transfer notes on any waste transfers to or from another party
- Report offences
to the Environment agency
Please note:
These statements are for your assistance and may not be complete for your
company’s particular circumstances. For example, special waste procedures
are not fully covered by the above statements. If in any doubt you are
advised to consult your local Groundwork office or the Environment Agency
to ensure that any action you take is within the law.
Environment Agency:
Northwest Regional office (Warrington) – 01925 653 999
Sub-regional offices:
Northern area office (Carlisle) – 01228 25151
Central area office (Preston) – 01772 339882
Southern area office (Sale) – 0161 973 2237
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