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 your 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
have a waste transfer note that the carrier issues containing the description of waste collected for disposal (the waste transfer note can be issued for each
collection or issued annually for regular multiple collections) how it is contained, quantity of waste, where your waste will finally be disposed of.
This Transfer Note must be retained for 2 years
if you 'self-dispose' of your waste you must be able to prove where and how (keep receipts).
Duty of care inspections
The Council is empowered to undertake 'stop and searches' on vehicles that are seen to be carrying waste, such as scrap metal, building waste, tree cuttings and similar type waste. These stops are carried out in conjunction with the police and other agencies such as the DVLA.
During 2008/2009 the council along with the police carried out a number of stop and searches of vehicles carrying waste in the Lye and Pensnett area. These resulted in a number of prosecutions under the Control of Pollution (Amendment) Act 1989.
If you are transporting waste on a professional basis in the course of a business, with a view to profit you are required to be registered with the Environment Agency. Registration is a quite straight forward process and last for three years. For further details on how to register contact the Environment Agency on 08708 506 506.