What is Duty for Care for commercial waste?
What is Duty of Care?
Every business has a legal responsibility for the waste it creates.
Waste is any substance or object you throw away or intend to throw away, even if it could be repaired or reused.
The Environmental Protection Act states that businesses must:
- Store and secure waste so it does not cause litter or attract vermin
- Ensure waste is collected and disposed of by a registered wastes carrier
- Complete a waste transfer note for every collection and keep a copy for two years
How can we help with your Duty of Care?
We are a local, affordable, and licensed waste carrier operated by Tower Hamlets Council. Our services ensure you meet all legal obligations for waste and recycling.
Our services ensure you meet all legal obligations for waste and recycling. To request information about our services, please submit our enquiry form.
If you are on one of our timed collection routes, you can buy waste sacks online from us for us to collect your business waste. You’ll also get a waste transfer notice in return that proves you are following the law.
We already support over 3000 businesses in Tower Hamlets
To learn more about our full range of services and how we can assist you, please get in touch with our team.
Waste collection is not included in business rates
You must arrange for your waste to be collected by an authorised commercial waste company. ‘Authorised’ means they are registered and hold the correct environmental permits or registered exemptions.
You can search for a company’s certificate of registration or check with the Environment Agency.
It is your responsibility to choose an authorised waste carrier. If you want to transport your own business waste, you need to be registered as a waste carrier.
It is an offence to carry commercial waste without being registered. It can lead to financial penalties or prosecution.
What are commercial waste rules for businesses working at private households?
If your business carries out work at a private household, such as builders or gardeners, any waste you produce is classed as business waste and the same rules apply.
What should home-based businesses do with their waste?
If your business is home-based, any waste you produce from your business activities is classed as commercial waste.
You must keep it separate from your household waste and treat it as business waste.
Can you use litter bins, on-street recycling bins or use household black bins to get rid of business waste?
No, these facilities are not for commercial waste.
If you use them for your business waste, you will breach your Duty of Care’s legal requirements. You can be fined or prosecuted for doing this.
Enforcement
Tower Hamlets Council will take enforcement action against anyone who is found not following their Duty of Care. Failure to comply will result in a fixed penalty notice and, in some cases, prosecution.
You are responsible for completing a waste transfer note (WTN) with your waste collector. You must both sign this note, and it must indicate the quantity and type of materials in the waste.
You must keep a record of your Waste Transfer Note for two years. You can be asked to produce it at any time by enforcement officers. If you don’t you can be fined up to £300 with a fixed penalty notice.
How do you present business waste for collection?
- You must always use the waste sacks or bins from a registered commercial waste company.
- To avoid fines or legal action, never use household black sacks or street litter bins.
- Only leave sacks or bins out during the specified collection times.
- Leave your waste outside the premises and not on the kerb.
- Uncollected commercial waste must be taken back to your premises if the scheduled collection is missed.
