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| The basis of duty of care
is that any person who imports, produces, carries, keeps,
treats or disposes of controlled waste, or as a broker,
has control of such waste, must take all measures applicable
to him/her in that capacity as are reasonable in the circumstances
to:
- Prevent the deposit of controlled waste on land except
under the terms of a waste management license;
- Prevent the escape of waste from his control, or
that of any other person;
- Ensure that any transfer of waste is only to an authorised
person; and
- Be accompanied by a description including 6 digit
European Waste Catalogue Code number, sufficient to
ensure that subsequent holder‘s contractors or
disposal sites avoid breaching their “Duty of
Care” by wrongful handling or disposal of Controlled
Waste
In practice the legislation requires all producers, carriers
and managers of waste to put in place a system of transfer
notes in order to document waste movements.
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Documentation Required*
Under the regulations all producers of waste have a legal
requirement to ensure correct procedures for the containment,
collection and disposal of their waste. There is a requirement
for all waste producers to have a CONTROLLED WASTE TRANSFER
NOTE for all waste and recyclable material, issued by
a licensed waste carrier and detailing the following information:
Controlled Waste is classified as waste from industry,
business (including retail outlets) and also household waste,
it can be solid or liquid.
Under the new legislation 2 types of Transfer Note’s
are acceptable:
- For regular scheduled collections an annual note may
be issued.
- For one-off or request services, an individual Transfer
Note must be issued for each transfer.
Under the Regulations, customers must retain copies of
Transfer Notes for 2 years and they must be available
for inspection by Environment & Heritage Service or
District Council representatives.
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