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Duty of Care: what UK waste producers are responsible for

Hazardous Disposal7 minute read

Two site managers reviewing waste transfer paperwork inside an industrial warehouse

The waste Duty of Care is a legal duty on anyone who produces, imports, keeps, stores, transports, treats or disposes of waste. GOV.UK guidance on the waste duty of care sets out what businesses are responsible for. This article summarises that guidance for businesses that produce hazardous waste.

What does the waste Duty of Care require?

According to GOV.UK, businesses must take all reasonable steps to keep waste safe. The guidance states that businesses must:

  • store waste safely and securely
  • sort and classify waste correctly
  • complete a waste transfer note, or a consignment note for hazardous waste, for each load that leaves the premises
  • check that the next person handling the waste is authorised to take it

Additional duties for hazardous waste

GOV.UK guidance on how to dispose of hazardous waste adds further requirements. These include classifying the waste, keeping hazardous waste separate from other wastes and using a consignment note whenever hazardous waste is moved. Our guide on consignment notes covers this in more detail.

Classification and EWC codes

The Environment Agency's Technical Guidance WM3 explains how waste is assessed and assigned an EWC (European Waste Catalogue) code, also called a List of Waste code. The producer is responsible for correct classification.

Transport of hazardous waste

Many hazardous wastes are also dangerous goods. The Department for Transport's guidance on moving dangerous goods explains that in Great Britain, ADR (the agreement on the international carriage of dangerous goods by road) applies through the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009. More information on dangerous goods transport is available from our partner site ADR Transport.

What we need before a collection

Before we can quote for or collect hazardous waste, we require a copy of the SDS (Safety Data Sheet) for each product or substance and an assigned EWC code for each waste stream, along with a description of the waste. We cannot accept unknown waste. Where a waste has not been identified, speak to our team, and if agreed, we can arrange a testing and analysis service.

Speak to our team

For services such as waste oil disposal or solvent disposal, contact the Hazardous Disposal team with your SDS and EWC codes to hand.

This article is for general information only and does not constitute professional, legal or chemical advice. Waste producers are legally responsible for correctly classifying their waste. For guidance on your specific waste, please contact our team.

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