Advice about giving your waste to other people.
If you have waste you have a legal 'Duty of Care'. The Duty of Care applies to everyone involved in handling the waste:
- from the person who produces it
- to the person who finally disposes of or recovers it.
Duty of Care is one of the main ways to combat flytipping.
Giving your waste to other people
There are some simple rules to follow including keeping your waste secure so it doesn't leak or blow away and if you give your waste to someone else (like a waste contractor) it is your duty to make sure that you:
- Check the person can take it - ask them to produce evidence that they are authorised to carry waste. If they can't do this do not give them your waste - contact the Environment Agency on 03708 506 506.
- Ensure the waste goes to a proper site - licensed or exempt.
- Give the person a transfer note - this must include a description of the waste and be signed by both of you. Keep copies of your transfer notes for a minimum of two years.
- Ensure that from 28 September 2011 a declaration is signed on the transfer note to indicate that the waste management hierarchy of options has been applied.
Because of changes brought in by the Waste (England and Wales) Regulations 2011, the information required on a waste transfer note has changed. The sample of the waste transfer note on this web page has therefore been replaced with a new version, which you are welcome to use or adapt.
The electronic version of the transfer note can be filled in on a computer or the paper form can be printed out and completed by hand:
On 19 March government announced plans to streamline environmental legislation. Among the measures proposed was a suggestion that in the future other forms of evidence (for example, invoices) may be acceptable to record information covering the transfer of waste instead of requiring separate waste transfer notes. Government will be considering options and consulting on these later this year. Look out for this consultation and if you have any queries on this please contact the Defra Helpline on 08459 33 55 77.
In the meantime waste transfer notes must be completed as usual.
For more information on this and other outcomes of Red Tape Challenge see:
Government guidance
Defra has produced statutory guidance for the Duty of Care (ISBN 011753210X). Download a copy from this page, or call the Stationery Office bookshops on 08706 005 522.
Government are planning to consult on a new Code of Practice sometime in 2013 and make amendments to the Code of Practice following this consultation. At this time the Code of Practice here will be replaced by the new Code. The Code will continue to have a statutory role and will be applicable within England and Wales.
National electronic duty of care programme (edoc)
The edoc programme aims to modernise the way waste data is collected in the UK. It will create a national web-based system to capture information from production to collection, transportation, treatment and disposal of waste. The new system will help businesses by moving from the current paper based system of waste transfer notes and make it easier for them to understand how their waste is handled. Find out more about the edoc programme and how it is developing from our electronic duty of care programme pages:
