Legal Requirements for Commercial Waste Collections
Workplace recycling is changing
From 6 April 2024, it will become law for all businesses, charities and public sector organisations to sort their waste for recycling.
It also applies to all waste and recycling collectors and processors who manage household-like waste from workplaces.
Duty of Care
The duty of care regulations as set out in s.34 of the Environmental Protection Act 1990 affect ALL businesses. The regulations impose a legal duty on businesses to take all reasonable steps to make sure that:
- Your waste is stored, handled, recycled or disposed of safely and legally
- Your waste is stored, handled, recycled or disposed of only by a licensed waste carrier
- You record transfers of waste between your business and another business using a waste transfer note
Waste Transfer Note
A Waste Transfer Note (WTN) is a legal document which must accompany any transfer of waste between waste holders, waste carriers and disposal sites. The purpose of a WTN is to allow other people who handle your waste to know what they are dealing with so that they can manage it safely and properly. You must keep all waste transfer notes signed by both you and your carrier for at least two years.
Workplace Recycling Regulations
Julie James MS, Minister for Climate Change, has laid the subordinate legislation required to implement the Workplace Recycling reforms before the Senedd Cymru.
These regulations will require all business, public and third sector workplaces to separate key recyclable materials the way households already do across the majority of Wales.
The Workplace Recycling reforms are scheduled for plenary debate on 28 November, and subject to the approval of the Senedd, they will come into force on 6 April 2024.
You can read the Written Ministerial Statement issued here: Written Statement: Laying the Workplace Recycling Regulations (7 November 2023) | GOV.WALES
Campaign assets can be accessed here: Economy | Welsh Government Communication Services
Single Use Plastic Campaign Assets: Welsh Government Communications Services Digital Toolkit
Workplace Recycling Assets: Welsh Government Communications Services Digital Toolkit
Campaign website here:
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Litter and your Responsibilities as a Business
When a litter problem can be traced to certain types of businesses such as ‘food on the go’ establishments, mobile vendors or market stalls, a local authority can undertake appropriate enforcement action to compel the occupier or owner of the business or retail premises to clear litter and implement measures to prevent the land from becoming defaced again. Failure to comply may mean a Fixed Penalty Notice or costs incurred from completing Works in Default.
Fly-Tipping is a term used to describe the act of illegal dumping of rubbish or the deposit of waste on any land that does not have a license to accept waste. Whether the waste is hazardous or not, the dumping of any waste is illegal and comes with a cost to the offender including a possible 12 months imprisonment and a fine of up to £50,000.
The Environmental Protection Act 1990 and Clean Neighbourhoods and Environmental Act 2005 can be downloaded from OPSI. Guidance on individual sections of the Act can be downloaded from the Department for Environmental Food and Rural Affairs (Defra) Website.
With all collections, the trader will be required to complete a contract and waste transfer notice before the service can commence.
Trade Waste Duty Of Care
The law requires that all waste generated by a business or commercial operation is dealt with properly. As a business owner you are responsible for the proper containment and collection of all business waste, in order to comply with your duty of care. (Reference Environmental Protection Act 1990).
Trade waste includes all waste generated by the following kinds of organisations:
- Any kind of business or profit-making organisation (including trading arms of charities)
- Homes for the elderly
All of these organisations have a Duty of Care by law to ensure that their waste is properly:
- disposed or recycled
For more information regarding your Duty of Care, please contact Natural Resources Wales.
If your business waste is found to be illegally dumped anywhere, you could be prosecuted and could face a fine of up to £50,000 or twelve months in jail.
Forthcoming legislation under The Environment (Wales) Act 2016 requires businesses to present their waste separately for collection, it also requires waste collectors such as waste management companies to collect specified materials by way of separate collection. You must present your recycling separated and you must not place recycling materials in your general refuse bin.