As a producer of commercial waste you have responsibilities under the Environmental Protection Act (1990) for the storing and disposal of that waste. Those responsibilities as they stand under law at the present time are set out in Section 45 and 34 below.
Section 45 Trade Waste
All businesses must either,
- pay to have their commercial refuse taken away by a registered waste disposal company,
- or dispose of it themselves, for a charge, at a registered disposal site
Trade waste means all waste generated at your business address, whether business orientated, for example, paper waste and packaging; or food wrappings or scraps of food consumed on the premises.
If you choose to enter into a contract with a waste disposal company you will be given a 'Waste Transfer Note'.
You are required by law to retain these documents and to present them for inspection when asked to do so by Officers of either The Environment Agency or your local Council's Environmental Health Department. Failure to retain these documents and/or present them when asked can attract a fine.
Section 34 - Duty of Care
This section places all generators of commercial refuse under a 'Duty of Care' to ensure that their waste is managed properly. In detail this means that waste must be stored securely and only put out when it is due for collection. If the refuse ever escapes due to a ripped bag or tipped over bin etc, then you must retrieve it. You are responsible for it at all times until the time it is handed over to a person or organisation authorised to receive it. Failure to comply with this Section can result in a fine.
For Further Information:
Contact: Contracts Team
Telephone: 01768 817817
Fax: 01768 890027
Address: Eden District Council, Mansion House, Penrith, Cumbria CA11 7YG