A guide to the prevention of unauthorised deposit, treatment and disposal of waste.

Environmental legislation and regulation has evolved rapidly in recent years and at a rate that has left many businesses confused. This is particularly true with waste management legislation.

What is Waste?

Under the Waste Framework Directive (European Directive 2006/12/EC) "any substance or object the holder discards, intends to discard or is required to discard" is waste.

Once a substance or object has become waste, it will remain waste until it has been fully recovered and no longer poses a potential threat to the environment or to human health. From this point on, the waste ceases to be waste and there is no longer any reason for it to be subject to the controls and other measures required by the Directive.

Most businesses produce some form of controlled waste and are affected by current waste legislation. There are a number of regulations relating to the management, transport, treatment and disposal of waste. This includes construction and demolition wastes used in construction, or those processed for the production of aggregates.

The level of commitment and resources that need to be allocated to environmental compliance can depend greatly upon the hazardous nature of the waste.

Waste compliance is not however just about avoiding environmental incident, fines or prosecution. It is also about corporate and social responsibility. Implementing a compliance strategy can help to manage business processes more efficiently and add financial, environmental and social performance to the bottom line.

All business in the UK regardless of their size must comply with the Section 34 the 'Duty of Care' provisions of the Environmental Protection Act 1990. The Act requires you as a business to take reasonable measures to prevent unauthorised deposit, treatment and disposal of waste.

This means that if you operate a business you must:

• ensure that a person or company that collects your waste is a registered waste carrier.
• describe the waste you are having collected, how it is packed - whether loose or in a container and if it is in a container what type (a container can be a plastic sack).
• commercial waste must be packed in suitable containers so that it cannot fall out, blow away or escape from the receptacle such that it could cause pollution or harm to anyone.
• have a waste transfer note that the carrier issues containing the description of the waste collected for disposal or recycling (the waste transfer note can be issued for each collection or issued annually).
• know where your waste will finally be disposed of and retain your waste transfer note for 2 years.
• if you 'self-dispose' of your waste you must be able to say where and how.

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