Duty of Care (Waste)

Section 34(1) of the Environmental Protection Act 1990 provides that it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a dealer or broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances to prevent the escape of the waste from his control or that of any other person, and, on transfer, to secure that the transfer is only to an authorised person or to a person for authorised transport purposes, together with a written description of the waste. The duty does not apply to a domestic occupier as respects household waste produced on the property, though a lesser duty to use authorised transfer applies there too. Failure to comply is an offence with no upper limit on the court's power to fine, and a fixed penalty notice may be issued instead of prosecution.

The Secretary of State's statutory code of practice, issued under s.34(7), sets out practical guidance on discharging the duty and is admissible in evidence in any proceedings where it is relevant. The regulators for the duty of care are the Environment Agency in England, Natural Resources Wales in Wales, and local authorities. In practice this means keeping written descriptions of waste, checking that the person receiving waste is a registered carrier, broker, or holder of the relevant environmental permit, and retaining transfer/consignment documentation. Waste carriers, dealers and brokers must produce evidence of registration on request from a constable or authorised officer, or risk a fixed penalty notice or prosecution.