Trade waste – Your ‘Duty of Care’
Every business has a legal 'duty of care' to ensure that any waste it produces or handles is stored, transported, treated, reprocessed and disposed of safely. If you give your waste to anyone else you must be sure they are authorised to take it.
Wigan Council is not responsible for the removal of trade waste. Public facilities must not be used for the disposal of trade waste, no matter how small or large the amount of waste. This includes domestic bins, litter bins, Household Waste Recycling Centres, or recycling banks.
If your waste is discovered to have been disposed of illegally, even by your carrier, you or your company may face legal proceedings.
Waste Transfer Agreement
The simplest solution to your Duty of Care may be to set up a Waste Transfer Agreement with a properly registered waste contractor. They will need to know what you are disposing of, and may advise you on how you should store it and how they will collect it.
The Waste Transfer Agreement will provide you with Waste Transfer Notes appropriate for Council inspection. If however the Council find that your agreement is not adequate to cover your needs they will ask you to amend it. You can find a registered waste contractor on the Environment Agency's Waste Directory (external link)
You must keep a copy of all documentation (Trade Waste Agreements or Waste Transfer Notes) for two years and may be required to produce appropriate documents by an authorised council officer. Failure to produce documentation to the officer can result in a fixed penalty or prosecution.
