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Business waste and your legal obligations

As a business, you are responsible for ensuring the waste it produces is dealt with appropriately and legally.

Under part II of the environmental protection act 1990, anyone who produces, imports keeps or stores, transports, treats or disposes of waste has a duty to take all reasonable steps to keep it safe. This is called the 'Duty of Care' - it applies to all businesses, and if it is broken you may be prosecuted and fined an unlimited amount.

We want to ensure this does not happen to your business.

What does this mean for your business?

The law says you must ‘take all reasonable steps’ to fulfil the duty and complete an annual waste transfer note. What is reasonable depends on what you do with your waste. For example, you must stop your waste from escaping your control by storing it safely and securely and you must also prevent it from causing pollution to or harming anyone.

The following steps may be considered reasonable in meeting the Duty of Care Requirements:

1. Keep waste in a suitable container. Avoid leakage of fluid and grease by first wrapping food and vegetable matter in paper. If you put loose waste in a skip or on a lorry, cover it and ensure it is well lit at night.

2. As business waste collection is not included in your business rates, you must pay for an authorised waste collector.

3. If you give waste to someone else, which may include a contract cleansing company, check they are an authorised waste carrier.

4. You must describe the waste in writing each year using a form called a waste transfer note (our team can help with this if you're an Islington Council business waste customer). Your authorised waste collector will provide you with one which will cover all your waste transfers for one year.

By signing up for our services you can feel assured that your business is meeting its legal requirements when it comes to waste collection. 

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