Legislation

CURRENT WASTE REGULATIONS

What are your waste management responsibilities as a business? We’ve summarised the most recent legislation here.

The Waste (England and Wales) Regulations 2011 require businesses to confirm that they have applied the waste management hierarchy when transferring waste. This has been effective since 28th September 2011.

The hierarchy sets out, in order of priority, the waste management options you should consider:

1. Prevention
2. Preparing for reuse
3. Recycling
4. Recovery, eg energy recovery
5. Disposal.

In plain English, what this means is you have a legal requirement to treat your waste in accordance with the waste hierarchy, preventing it in the first place, reusing it and recycling it.

Clearly every business has different requirements and on-site issues where separation (preparing for reuse) is simply not viable but with our help you can still meet this new legislation.

Devon Contract Waste can recycle the following waste streams:

Construction waste * glass bottles * food waste * card/paper * plastic * tins/cans * data waste
As long as food and glass is removed from your bins, the remaining waste can be collected as mixed and treated on your behalf at our materials recycling facility in Exeter that uses the latest technology in optical sorting to separate up to 70% of items for recycling.

For help with recycling and money saving programs do not hesitate to contact our sales department by phone on 01392 361 300 or e-mail your enquiry to sales@dcw.co.uk. If you already recycle you may well be compliant but if you’re unsure, or would like advise on further options, please get in touch.

Other regulations to be aware of:

Hazardous waste regulations
Hazardous waste regulations were first introduced in 1996 under the Special Waste policies. These were updated on 16th July 2005 as the Hazardous Waste (England & Wales) Regulations 2005. The two key changes were that far more waste types were introduced into the regulations that now affect a larger range of producers and that hazardous waste producers are required to pre-register their premises before any hazardous waste can be collected.

Landfill Directive
The 1999 EU Landfill directive applies various requirements to site types depending on whether the site is existing, new, hazardous or non-hazardous. This directive was introduced to define the changes in what waste landfills would be able to accept over an agreed staged period. This has now resulted in many changes including banning gypsum, waste electrical, liquid waste and co-mingled hazardous waste such as asbestos and contaminated soil.

Duty of care
The Duty of Care is set out in section 34 of the Environmental Protection Act 1990 and associated regulations. It applies to anyone who is the holder of controlled waste.

Persons concerned with controlled waste must ensure that the waste is managed properly, recovered or disposed of safely, does not cause harm to human health or pollution of the environment and is only transferred to someone who is authorised to receive it. The duty applies to any person who produces, imports, carries, keeps, treats or disposes of controlled waste or as a broker has control of such waste.

Penalties under the duty of care
Breach of the Duty of Care is an offence, with a penalty of up to £5,000 on summary conviction or an unlimited fine on conviction on indictment.

Information are businesses required to keep
Under the Duty of Care Regulations 1991 (the 1991 Regulations), parties transferring waste are required to complete and retain a ‘transfer note’, containing a written description of that waste. Defra has provided statutory guidance on the completion of the duty of care transfer note in Waste management, the duty of care: a code of practice.

The 1991 Regulations require waste to be described on the transfer note by reference to the European Waste Catalogue (EWC) and its appropriate code number. These amendments to the 1991 regulations were brought in to meet the Landfill Directive’s requirements on monitoring the acceptance and treatment of waste, and will also help to fulfil the UK’s obligation to implement the EWC.

Click here to see Devon Contract Waste’s legislation documents

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