As the operator of commercial premises, you have a legal duty of care regarding every load of waste that is transported away on your behalf. Some of the duties included in the duty of care clearly belong to the site operator, e.g. ensuring that your waste does not escape when in storage on your site. Other duties require the co-operation of the producer of the waste and the contractors who carry and treat it (see SI 1991/2839 on page 25 of EEF Register of Environmental Legislation).
The duty of care includes the following:
- Transfer waste only to someone with authority to take it (e.g. a registered carrier/licensed waste manager) or allowed to actually take the waste if receiving it.
- Keep appropriate records using transfer notes (including description and information on any potential problems), making sure the documentation is properly completed.
- Waste holders should be alerted to non-compliance of others.
It is, therefore, up to you to check that your chosen contractors hold the correct licences from the Environment Agency and that what they actually do with your waste is within the regulatory requirements.
The regulations themselves do not set out how far you proceed with your investigations. At the very least, you should check that the licence reference number quoted to you by your contractor is validated by the Environment Agency’s own records. (This can usually be done by consulting the environment agency’s website.) You should also make spot checks on the contractors’ vehicles before they leave your site to ensure that the correct paperwork is carried.
For waste streams which are more of a risk (e.g. they are difficult to handle or even hazardous), then further attention may be appropriate. Periodic landfill site visits, inspection of carriers’ depots and even tracing vehicles to their destination should all be part of your duty of care compliance activities. A full audit of your waste disposal contractors may also be appropriate, especially if your organisation is considering certification to ISO14001.