The conditions will include limits to the amount of waste that can be handled, restrictions to the types of waste that can be handled, and measures that need to be put in place to protect the environment and human health.
Some waste activities may qualify for a waste exemption rather than a permit. The exemption must be registered and these too are subject to strict conditions such as limits to the amount of waste that can be handled or how they are handled.
There are some operations which do not need to be registered. These relate to the temporary storage of waste pending collection. Although you do not have to register these operations, you must still comply with the conditions of the operation.
Examples of activity that would breach a permit condition or exemption limit include the transfer of waste:. If you suspect that someone does not have an appropriate environmental permit or registered exemption, or that they are breaching a condition of their permit or exemption, you must not give them your waste or take waste from them. Before your waste is collected and disposed of or recovered you must assess and classify waste as set out in the waste classification guidance.
This identifies whether the waste is hazardous or not, and which controls apply to the movement of the waste to prevent harm to people and the environment.
You should check whether a person or business is authorised to take waste before you transfer your waste to them. An authorised person is one of the following:. You can ask the person or business you transfer your waste to or who arranges the transfer for evidence of their authorisation, such as a copy of their permit or proof of their exemption registration.
You should also use the public register to check any evidence they provide. The register contains information on:. The person receiving the waste must also check that the previous holder has complied with their duty of care. If you suspect that the previous waste holder has breached their duty of care e. If you use a dealer or broker to manage your waste, they must be registered as a dealer or broker with their regulator, even if they do not take physical possession of the waste.
Where a dealer or broker is the transferor or transferee of the waste, their details including their registration number must be included in the waste transfer information.
Waste carriers, dealers and brokers must present evidence of registration if requested by a police constable, an authorised officer of the EA , NRW or local authority. It is an offence not to do so without reasonable excuse and you could be prosecuted under section 5 of the Control of Pollution Amendment Act , or issued with a fixed penalty notice under section 5B of that Act.
The description is part of the waste information you must provide. For non-hazardous waste you can do this by using:. A waste information note is not required for non-hazardous waste if the waste holder does not change on the transfer of waste e. However, it is best practice that the business understands who has responsibility for that waste and a record is kept of internal transfers for audit purposes. For hazardous waste you need to use a:. The only two exceptions where a consignment note is not needed are where domestic hazardous waste other than asbestos waste is removed from a domestic household or waste is imported or exported under international waste shipment controls which uses an equivalent note.
You should also consider whether there are any problems associated with the waste that you need to describe so that subsequent users can handle it properly. Examples include whether the waste:. If you receive waste, you must ensure the waste matches the written description and that your permit allows you to accept such waste. If you are operating under a waste exemption, you must ensure that by accepting any waste you are not contravening the exemption criteria e.
You must keep a copy of the waste description for waste you have transferred or received either electronically or on paper format for:. If an authorised officer of the EA , NRW or local authority asks you to provide the written description of waste, or a copy of it, and you fail to do so, they can issue a fixed penalty notice.
Where the waste is hazardous waste, a variable monetary penalty for breach of the requirements to supply information may be issued. A number of other waste laws are relevant to waste holders in particular circumstances.
Some of these are briefly described below. If you manufacture, import or sell packaging, electrical and electronic equipment EEE , batteries, or end-of-life vehicles ELVs you must follow the Producer Responsibility Regulations in England and Wales. If you collect waste paper, metal, plastic or glass you must comply with the rules on separate collection see guidance for England and Wales. The rules require that you collect waste paper, plastic, metal and glass separately from each other and from other wastes where it is both:.
Where waste paper, metal, plastic or glass has been collected separately, all reasonable steps must be taken to keep them separate from other waste or materials. If you are a materials facility and receive household waste or household waste like material consisting of mixed glass, metal, paper or plastic for separating out you must:.
See the Materials Facilities Guidance for England and Wales , for details on when, how and what should be recorded. If your waste is being disposed of at a landfill site in Wales, you can check on the Welsh Revenue Authority list of landfill site operators to see if the landfill site is an authorised landfill site.
In Wales you may become liable to Landfill Disposals Tax on an unauthorised disposal if you knowingly caused or knowingly permitted an unauthorised disposal to be made. In some circumstances, it will be presumed that a person knowingly caused or knowingly permitted an unauthorised disposal. This is where, at the time of the disposal a person:. If HMRC find you have deliberately supplied false information or withheld information which causes another person to make an incorrect landfill tax declaration, you will be liable to a civil penalty.
The maximum penalty for misrepresentation is equal to the amount of the under-declared landfill tax. HMRC can also recover landfill tax from those who dispose of waste, or knowingly facilitate the disposal of waste, at sites without a permit. This also applies to material deposited at permitted sites if not expressly exempt. A person may become liable to the unauthorised disposals rate on an unauthorised disposal either where they made the disposal, or where they knowingly caused or knowingly permitted the disposal to be made.
In Wales you must be registered as an authorised landfill site with the WRA and you must comply with the Landfill Disposals Tax Wales Act and legislation made under it which makes provision for tax to be charged on taxable disposals in Wales. If you import or export waste, you must comply with the European and UK rules that govern how you can ship waste into or out of the country and, in the case of exports, with the rules of the importing country.
As an occupier of a domestic property, you have a duty to take all reasonable measures available to you to ensure you only transfer household waste produced on your property to an authorised person. The duty of care to ensure you only transfer waste to an authorised person applies to all occupiers of any domestic property when dealing with their household waste produced on that property.
The wider duty of care detailed in other sections of this code of practice, including the requirement for waste transfer notes see section 3. For the purpose of applying this duty of care, household waste is generally considered to be any waste produced within a domestic property. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies.
Hide this message. Home Waste. Form Duty of care waste transfer note form. Form for a duty of care waste transfer note for moving waste. Request an accessible format. If you use assistive technology such as a screen reader and need a version of this document in a more accessible format, please email enquiries environment-agency.
Please tell us what format you need. It will help us if you say what assistive technology you use. Duty of care: waste transfer note Welsh language form PDF , By navigating to Documents and either sorting by or searching for audits you will be able to view completed audits.
This allows viewing the five sections and will provide links to the documents if they are found on Dsposal:. On the 1st April the Environment Agency changed the way they wanted to see the Hazard…. A waste transfer note WTN is a document that details the transfer of waste from one pers….
Tom Passmore 05 March As an organisation you need to take whatever steps are reasonable to: prevent waste from escaping provide a written description of the waste transfer waste only to authorised persons What is the Waste Duty of Care? Before You Start There are a couple of things to know before starting this section: Dsposal is a web-based application that works in most web browsers, which means you don't need to download or install any software on your computer.
To be sure Dsposal works properly your web browser needs to meet our requirements. While you can use do an audit for free you need to have either a licensed or unlicensed site. To claim a licensed site follow the steps in the article called How to Claim My Business on Dsposal or to set up an unlicensed site then have a read of the article with title Creating an Unlicensed Site.
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