Legal requirements

Legal requirements

The new Waste (England and Wales) Regulations 2011 came into force in September, which in addition to the Environmental Protection Act of 1990, Workplace Regulations (1966) and other legislative bodies such as Environmental Health Office (EHO) and the Health and Safety Executive (HSE), together with your local council authority expect to see an appropriate disposal system in practice.  In addition to your own risk assessments, part 5 of the regulation brings a “duty in relation to the waste hierarchy”.

The new Waste Hierarchy Regulations require any establishment outside the home which produces, collects or disposes of waste, to sort that waste and apply measures for the (in priority order) Prevention, Preparing for re-use, Recycling, Other Recovery or Disposal in order to achieve the best overall environmental outcome……in other words to manage your waste in the most environmentally appropriate way.

Contrary to what some would have you believe, the truth is you may not have to engage a professional service provider, but you do have to comply with the legal requirements above! The Environment Agency factsheet “Your waste Your Responsibility” states “Because this waste is offensive, it should be collected separately from other waste. The separated offensive waste…will then have to be treated further before it can be sent to landfill.”

Whether you choose a professional service provider or employ a cleaner (including a contract cleaner) who ‘manages’ this aspect for you ‘in house’, it still remains your waste – your responsibility.
A licensed carrier may help prove you have disposed of your non-recyclable offensive waste in a resposible manner by providing you with a Duty of Care certificate – but you must still check that the service provider engaged by you is properly licensed to carry your waste away.  Breach of this requirement alone is a criminal offence punishable by a fine of up to £2,000.


SIC Codes (pdf file)