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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.

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:

  • Container type for storage of waste on-site
  • Type of waste including European Waste Catalogue Code
  • Approximate quantities of waste ie: container size.
  • Location of Containers.
  • Destination of wastes either recycling centres, reprocessors or disposal sites.

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:

  1. For regular scheduled collections an annual note may be issued.
  2. 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.