Commercial (Industrial or Trade) Waste

The Environmental Protection Act 1990, sections 34 & 47 states that:

"It shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—

(a) to prevent any contravention by any other person of section 33 above;

(aa) to prevent any contravention by any other person of regulation 12 of the 2007 Regulations or of a condition of an environmental permit;

(b) to prevent the escape of the waste from his control or that of any other person; and

(c) on the transfer of the waste, to secure—

(i) that the transfer is only to an authorised person or to a person for authorised transport purposes; and

(ii) that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section or regulation 12 of the 2007 Regulations, or a contravention of a condition of an environmental permit, and to comply with the duty under this subsection as respects the escape of waste. "

This is a business' "Duty of Care" and is meant to encourage responsible business and combat the dumping of waste illegally - Fly-Tipping.

Therefore the onus is on each and every business, irrespective of their size, to organise and pay for regular waste collections.

There are many authorised waste companies available, many of whom can now offer recycling services as well as waste disposal. It is normal for whichever company you choose to supply the appropriate containers as required.

EHDC can organise this service on your behalf, but we will charge an administration fee.

Companies can be requested to show evidence of what provision they have and if found wanting may be subject to legal action.

http://www.environmentlaw.org.uk/rte.asp?id=83