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Legal Update: Duty of Care and Registration of Waste Carriers/Brokers/Dealers

Legal Update: Duty of Care and Registration of Waste Carriers/Brokers/Dealers. Duty of Care. Applies to anyone who imports, produces, carries, keeps, treats or disposes of controlled waste or has control of that waste (waste holder) You must take all reasonable steps to:

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Legal Update: Duty of Care and Registration of Waste Carriers/Brokers/Dealers

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  1. Legal Update: Duty of Care and Registration of Waste Carriers/Brokers/Dealers

  2. Duty of Care • Applies to anyone who imports, produces, carries, keeps, treats or disposes of controlled waste or has control of that waste (waste holder) • You must take all reasonable steps to: • prevent unauthorised or harmful deposit, treatment or disposal of waste (illegal waste sites, flytipping, import/export) • Prevent a breach by any other person to meet the requirement to have an environmental permit, or a breach of permit condition • Prevent the escape of waste from your control • Ensure any person to whom you are transferring waste has the correct authorisation (registered carrier, broker, dealer) • Provide an accurate description of the waste when it is transferred to another person

  3. Waste Holders • Waste Producer • Waste Carrier • Dealer • Broker

  4. WASTE PRODUCER BROKER/DEALER CARRIER MATERIALS RECOVERY FACILITY (MRF) /TRANSFERSTATION TREATMENT INCINERATION LANDFILL PERMITTED/EXEMPT

  5. Duty of Care – Code of Practice • Consultation on the revised Waste Duty of Care Code of Practice (July 2015) • Consultation ran for 8 weeks – finished on 21st September 2015 • Waste Duty of Care Code of Practice published on 11th March 2016 https://www.gov.uk/government/publications/waste-duty-of-care-code-of-practice • A Code of Practice is an authoritative statement of practice and differs from legislation in that it offers guidance rather than imposing requirements. • The Code of Practice is admissible in evidence and courts must take it into account in legal proceedings where it is relevant to the issues of the case • The purpose of the Code of Practice is to give simple, clear and practical guidance on what those who import, produce, carry, keep, treat or dispose of controlled waste have to do to fulfil their legal duty of care obligations

  6. New Code of Practice

  7. Other waste Laws for waste holders • Hazardous Waste Regulations • Producer Responsibility Regulations (packaging, EEE, batteries, ELVs) • Separate Collections (paper, metal, plastic, glass) • Landfill: waste acceptance, pre-treatment, landfill tax

  8. Provide an accurate description of waste • When you transfer waste to another person you must: • Provide a written description of the waste which is signed by you and the next holder • This can either be electronic (edoc) or paper (waste transfer note). • You must keep a copy of the description for: - 2 years for non-haz - 3 years for haz waste consignment notes - 6 years for a landfill operator for non- haz waste and for the lifetime of your permit for haz waste • Waste hierarchy declaration • Contains all the information to ensure the lawful and safe handling, transport, treatment, recovery or disposal by subsequent holders including: - the classification that applies to the waste - a description - quantity and nature - kind of container - time and place of transfer - The SIC code of the transferor - names and addresses and signatures of transferor and transferee

  9. Waste Carriers, Brokers and Dealers • Registration is a legal requirement and it is an offence not to register when required. • There are 2 levels of registration – upper tier and lower tier. They are based on organisation type or waste type and not on quantities of waste. You may still be required to register in the upper tier even if you only transport or deal in very small amounts of waste. • If you arrange for waste from other businesses or organisations to be transported, disposed of or recovered, you need to register as a waste broker • If you buy and sell waste, or use an agent to do so, you need to register as a waste dealer

  10. Lower tier registration - who does this apply to? • A charity/voluntary organisation • A waste collection authority • A waste disposal authority • Only deals in animal by-products, waste from a mine or quarry, waste from agricultural premises • Businesses that ‘normally and regularly’ carry their own non construction or demolition waste • A lower tier registration is indefinite unless the EA revoke it or it is withdrawn • It is free of charge

  11. Upper tier Registrations • If none of the lower tier criteria applies you need to register in the upper tier. • The cost is £154 (VAT exempt) • An upper tier registration lasts 3 years unless the EA revoke it or it is cancelled. • Renewal for a further 3 years costs £105 (VAT exempt) • Further details at: https://www.gov.uk/waste-carrier-or-broker-registration

  12. right Waste, right Place • The ‘Right Waste Right Place’ campaign aims to raise the profile and awareness of ‘Duty of Care’ requirements across a number of different waste producing business sectors. • Better awareness of Duty of Care will not only help to tackle waste crime but can also lead to business benefits by encouraging companies to managing their waste more effectively. • Launched on 12 April 2016 with some materials and website: • http://www.rightwasterightplace.com/#intro

  13. Duty of Care • Not permit conditions – directly applicable legislations • Not just about checking carriers registration • Imposes duty of producers, brokers, dealers, carriers as well as disposal and treatment facilities

  14. Industry led ‘right Waste, right Place’ • Dedicated Website • Downloadable content, interactive, videos/animation, case studies, links to third parties • Best Practice guidance • Easy to read, case studies, waste ‘top trumps’, downloadable, FAQs, leaflets, infographics and posters • Build on Defra guidance • Market research to gauge awareness of Duty of Care • Utilising existing research as much as possible • Campaign Press Office/Active Engagement • Sustain media interest throughout the life of the campaign • Strong digital element, use of social media, digital analysis to help quantify success of campaign • Active engagement with waste producing sectors

  15. Land adjacent Lancaster farm, Longridge Before....

  16. UNCLASSIFIED ....and after

  17. See it – report it! https://crimestoppers-uk.org/give-information/give-information-online/

  18. Thank You Tessa Bowering Senior Environment officer Direct dial: 01258 483416 Tessa.bowering@environment-agency.gov.uk

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