Business waste
New regulations for businesses
When running a business, it is important to make sure that your waste is collected, stored, and disposed of lawfully.
All businesses have a Duty of Care, under Section 34 of the Environmental Protection Act 1990 which requires businesses to take all reasonable steps to keep waste safe and requires businesses to make sure that they only pass waste on to an authorised waste carrier. Failure to comply with the duty of care requirements is a criminal offence and could lead to prosecution.
Environment Act 2021 Simpler Recycling is a positive step toward a greener, more sustainable future. By separating waste at the source and recycling more efficiently, businesses can play a key role in reducing environmental impact and contributing to the UK’s overall sustainability goals.
By 31 March 2025, businesses and relevant non-domestic premises in England will need to arrange for the collection of the core recyclable waste (glass, metal, plastic, paper and card, and food waste).
Micro-firms (businesses with fewer than 10 full-time equivalent employees) will be temporarily exempt from this requirement. They will have until 31 March 2027 to arrange for recycling of core recyclable waste.
Under section 35(6) of The Waste (England & Wales) Regulations 2011 a waste collection authority could require you to provide copies of your waste transfer notes for the past 2 years within 7 days. Failure to do so incurs a Fixed Penalty Notice currently £300 and you would still have to provide your waste transfer notes to the waste collection authority. Failure to comply with the requirements of this notice or the furnishing of false copies of documents are offences under section 34(6) of the Environmental Protection Act 1990. Either offence is punishable by prosecution.
Key points
- You must not take waste from your business home to dispose of in your general waste bin or take to a recycle waste centre without an Environment Permit and you must hold a waste carrier licence to transport any waste.
- Waste from a business could be anything produced, imported, carried, keeps or used for commercial use. This includes food waste/packaging consumed on the premises by staff. It is not permitted to take your waste home.
- Local authorities have additional powers within Environmental Protection Act 1990 to deal with waste from your premises any accumulations of litter that may arise.
- You must be able to produce your trade waste contract and waste transfer notes to a Local Authority officer within 7 days. Penalties apply.
The legal small print
- Section 34 (1) (b) You must ensure waste from your business is stored in suitable receptacles/containers, so that it can not fall out, blow away, or escape from the receptacle. You must ensure the waste is secure against unauthorised removal, and the security of the receptacle should be sufficient to prevent the breaking open and removal of waste by vandals, thieves, animals, accident, or weather
- Section 34 (1) (c) You must ensure that the person removing your waste is either a registered or exempt waste carrier. You are responsible for ensuring your waste is disposed of properly. Ask for proof of registration from your waste contractor. If in doubt, check with the Environment Agency via their website, which has a public register of licensed waste carriers.
- Section 47 waste containers - If it appears to a waste collection authority that waste from a premises is not stored correctly or is detrimental to the amenities of the locality, the authority may require the premises to provide at the premises such receptacles for the storage of such waste. (type and number of waste receptacles needed to contain the waste, where they should be placed to facilitate the emptying, what should be placed in them). If you do not comply the local authority could issue a Fixed Penalty Notice, or prosecution.
- Section 93 (1) controlling street Litter - Where there is a litter problem adjacent to certain businesses such as take aways, convenience stores, local authority can issue a street litter notice under sections 93 and 94 of Environmental Protection Act 1990 to compel the occupier or owner of the business to clear up the litter and implement measures to prevent the land from becoming defaced again. Fixed Penalty Notice can be issued to any person who has not complied with a Street Litter Control Notice.
There's a really useful leaflet created by our countywide waste partnerhip which explains the requirements in a simple way.