Duty of care - your waste responsibilities
Does this apply to me?
If you are a business, the Duty of Care applies
to you. Commercial, industrial and household wastes (including Hazardous
Wastes) are classified as 'Controlled Waste'. The Duty of Care applies
to all 'Controlled Waste' - this means that waste materials produced as
part of your business or within your workplace are regulated by law.
If you produce or deal with waste that has certain
hazardous properties, you will also have to comply with the requirements
of the Hazardous/Special Waste Regulations. Currently, explosives and
most radioactive wastes are excluded from the Duty of Care.
What is the Duty of Care?
As a business, you have a duty to ensure that any
waste you produce is handled safely and in accordance with the law (see
below). This is the 'Duty of Care' and it applies to anyone who produces,
imports, carries, keeps, treats or disposes of controlled waste from business
or industry or acts as a waste broker in this respect.
You must make sure that anyone that you pass your
waste on to, such as a waste contractor, scrap metal merchant, recycler,
local council or skip hire company, is authorised to take it. If you don't,
and your waste is illegally disposed of, you could be held responsible.
The Duty of Care has no time limit, and extends
until the waste has either been finally and properly disposed of or fully
recovered.
What does that mean?
You and/or your business have a 'duty' to take
all reasonable measures to:
- Separate your waste streams and store in an
appropriate location.
- Stop materials escaping from your control or
the control of anyone else by packaging it appropriately and robustly.
- Ensure that waste is only transferred to a person
or company that is authorised to deal with your particular type of waste.
- Ensure that the waste being transferred is accompanied
by a written description that will enable anyone receiving it to dispose
of it or handle it in accordance with his or her own Duty of Care.
In basic terms, you should ensure that:
- All waste is stored and disposed of responsibly.
- Waste is only handled or dealt with by individuals
or businesses that are authorised to deal with it.
- A record is kept of all waste received or transferred
through a system of signed Waste Consignment Notes.
Hazardous waste
You should store wastes in appropriate containers
e.g.
- liquid hazardous waste in watertight/leak proof
containers
- Sharps in UN3291 approved puncture resistant
containers etc
You must segregate the different types of hazardous waste.
Do not mix hazardous waste with non-hazardous waste or materials which
are not waste.
Ensure that hazardous waste is transported by a registered
waste carrier and is transferred to a facility authorised to accept that
type of waste. The treatment / disposal facility must hold a suitable
waste management licence or exemption, or a Pollution Prevention and Control
permit.
Many companies provide written instructions for storing
and disposing of each type of hazardous waste produced on your premises.
Ensure that all employees and contractors follow these instructions.
What about Animal By-Products?
If your business deals with any animal by-products,
the animal by-product regulations are relevant to you. Businesses that
deal with animal by-products include: Farmers, Zoos, Veterinarians, etc.
The Animal By-Products Regulations are European wide
regulations aimed at protecting human and animal health and the environment.
They contain rules for the collection, storage, handling,
processing, use and disposal of animal by-products. They also control
the marketing, export and transit of animal by-products and products derived
from them.
LEGISLATION
- Waste and Contaminated Land (Northern Ireland)
Order 1997 SI 2778 (including updates to 2004)
- Environmental Protection (Disposal of Polychlorinated
Biphenyls and other Dangerous Substances) (Northern Ireland) Regulations
2000, SR 232
- Animal By-Products Regulations (Northern Ireland)
2003 SR 495
- Hazardous Waste Regulations (Northern Ireland)
2005 SR 300
- Hazardous Waste (Amendment) Regulations (Northern
Ireland) 2005, SR 461
- List of Wastes Regulations (Northern Ireland)
2005 SR 301
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