What is Waste Compliance?

As we wind down from the Christmas celebrations of 2021, many UK businesses will be wading through higher piles of accumulated waste. While household gifts and cards are some of the biggest offenders, business waste – such as food – is also a culprit.

Effective waste management is not just a cost saver or an exercise in ethics. It’s also our legal duty as business owners to dispose of our waste safely, sustainably, and appropriately. This is where waste compliance comes in.

What are the three rules of waste management?

By law, UK businesses have to follow the three rules of waste management: reduce, reuse and recycle. The UK government states that businesses must, first and foremost, prevent waste. This could include any number of initiatives such as:

  • Procuring business items from sustainable suppliers, such as recycled paper manufacturers
  • Segregating waste to reduce landfill dependency, for example, separating food and packaging
  • Working with a waste collection broker to achieve the most efficient waste management.

Beyond these three responsibilities, UK business owners must also dispose of waste safely. This means they are bound by legislation to handle waste in a way that doesn’t harm others or the environment.

Business owners’ duties are covered by Section 34 of the Environmental Protection Act 1990.

Business waste management duties under the Environmental Protection Act

Under Section 34 of the Environmental Protection Act (EPA), businesses have a duty of care to manage waste safely. The act applies to “any person who imports, produces, carries, keeps, treats or disposes of controlled waste”.

These people must take all reasonable care not to violate environmental permits, such as waste disposal. They must also have written records of their waste management, known as a “waste transfer note”. In turn, this will help them to prevent the “escape of waste” and make sure it is only handled by authorised agents, such as waste collection brokers.

Other responsibilities

Many businesses will use a waste collection broker, who can recommend them the best suppliers for sorting and collecting waste. It is the business owner’s responsibility to check that their waste carrier is registered to dispose of waste.

You can perform this check yourself by visiting the Department for Environment Food and Rural Affairs website. This contains two registers – “upper” and “lower” tiers:

  1. Upper tier businesses transport other people’s waste. They may carry construction and demolition waste, arrange for waste to be disposed of (such as brokers), or buy or sell waste.
  2. Lower tier businesses only carry waste they produced in their business. The exception to this is construction or demolition waste. They may carry, arrange or deal in animal by-products, quarry or mine waste, or agricultural waste. They may also be charities or waste management authorities.

Your business will be considered compliant if you manage your waste through a business listed on these registers.

Sorting waste

Before committing to a waste management supplier, it’s also essential to classify your waste. Some businesses may be subject to further legislation, such as the Hazardous Waste (England and Wales) Regulations 2005.

A waste management audit can help you to determine if any of your waste is classed as harmful to other humans or the environment.

Why do I need to be compliant?

Not only do businesses have a legal obligation to manage their waste safely; they could also face prosecution. Under the EPA, businesses could face a warning, formal caution or even prosecution, with fines of up to £5,000.

Of course, all of this is preventable with a free waste management audit from Hubba. To stay compliant in 2022, contact us today.

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