Every movement of hazardous waste involves several parties, each with its own legal duties. Government guidance on GOV.UK groups these into four roles: the hazardous waste producer, the holder, the carrier and the consignee. This article explains what each role is responsible for in England, and how the roles connect through the consignment note. It is written for businesses that produce or store hazardous waste and want to understand where their responsibilities begin and end.
The four roles at a glance
Under the government's guidance on hazardous waste, businesses must make sure hazardous waste they produce or handle in England causes no harm or damage. On top of the general Duty of Care, each business has further requirements depending on its role:
- producer: the business whose activities create the hazardous waste
- holder: the business that holds or stores the hazardous waste
- carrier: the business that transports it
- consignee: the business that receives, treats or disposes of it
The duties of producers and holders are set out together, and a single business can be both: one that creates hazardous waste and stores it on site before collection, for example.
Duty of Care applies to everyone
The waste Duty of Care sits underneath all four roles. The guidance on managing your waste includes sorting and storing waste safely and securely, checking that the carrier is registered, and preventing illegal disposal.
The Duty of Care also includes the waste hierarchy: businesses must do everything they reasonably can to prevent, reuse, recycle or recover waste, in that order. For more detail, see our guide to Duty of Care.
Producers and holders
The guidance for producers and holders applies to businesses that produce hazardous waste or hold or store it. It sets out five main duties:
- classify the waste to check if it is hazardous
- separate and store hazardous waste safely
- use authorised businesses to collect, recycle or dispose of it
- fill in the parts of the consignment note that apply to them
- keep records, known as a register, for 3 years
The register includes consignment notes, consignee returns and related documents.
Classification is the first step for a reason. Until a waste has been classified, it is not possible to know which rules apply to it, and businesses must classify the waste they produce before it is collected, disposed of or recovered.
Carriers
Carriers move hazardous waste from the producer or holder to its destination. Their duties under the guidance include:
- registering as a waste carrier
- checking parts A and B of the consignment note, and the waste, before accepting it
- separating waste correctly when loading it
- filling in the part of the consignment note that applies to them
- leaving one copy of the consignment note with the producer or holder and keeping two copies
- taking the waste to the destination on the consignment note, which must be an authorised waste site
- keeping records, known as a register, for one year
There is also separate guidance on rejected loads, for cases where the consignee does not accept the waste.
Moving hazardous waste by road can also involve the rules on carrying dangerous goods. The Department for Transport explains these in its guidance on moving dangerous goods. Our partner site adr-transport.co.uk covers this area in more detail.
Consignees
The consignee is the business that receives, treats or disposes of hazardous waste at premises in England. Its duties include:
- getting an environmental permit, or registering an exemption, for the premises
- checking the consignment note and the waste before accepting it
- rejecting the waste if the consignment note is missing, incorrect or incomplete
- filling in part E of the consignment note for any hazardous waste accepted or rejected
- sending consignee returns to the Environment Agency and to the producer or holder
- keeping records, known as a register, at the site
How long consignees keep these records depends on the type of site and permit.
How the consignment note links the roles
The consignment note is the document that ties the four roles together. According to the guidance on consignment notes, they must be used to move hazardous waste, and the note must stay with the waste until it reaches its final destination.
Each party completes its own part. The producer or holder fills in the parts that apply to them, the carrier checks parts A and B and completes its own section, and the consignee completes part E. The consignee then reports back through consignee returns.
This creates a record of where the waste came from, who moved it and where it ended up. For a fuller explanation, see our article on whether you need a consignment note.
What this means for producers and holders
For most businesses that contact us, the relevant roles are producer and holder. Their duties cover classification, safe storage, the choice of authorised businesses, the consignment note and record keeping.
These duties stay with the producer or holder even when another business carries or treats the waste. Where it is unclear which role a business holds, or which duties apply, speak to our team.
We collect a wide range of hazardous waste from businesses, including through our chemical waste disposal, solvent disposal and ibc recycling services.
Speak to our team
To discuss your waste, contact our team on 0845 366 9306 or email enquire@hazardousdisposal.co.uk.
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.