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Commercial Waste and the Law

Online Enviro-Crime Reporting System
If you would like to report an environmental crime such as dog fouling, fly-tipping, graffiti, fly-posting or litter in your neighbourhood, please access our online reporting system. When using the online reporting system, please provide as much detailed information as you can. Remember that the more information you can provide, the more likely it is that offenders will be caught!

The Problem

Waste which is not stored securely by businesses can lead to street litter and scavenging animals, such as seagulls and rats. This problem makes our streets look untidy, smell bad and can be potentially hazardous to the public. This is a problem not only local to Torbay but throughout the country. According to Keep Britain Tidy over 30 million tonnes of litter are collected from our streets every year which costs around £500 million to clean up.

The Law

In accordance with Section 34 of the Environmental Protection Act 1990, businesses have a legal responsibility called a ‘Duty of Care’ to ensure that their waste is securely stored and disposed of legally. The safest way to achieve this is by using a registered waste carrier.

Businesses must ensure that their commercial waste is:

Packaged in suitable containers so that it cannot fall out, blow away or escape.
Secured against unauthorised removal as far as is reasonably practical (i.e. security should be sufficient to prevent the breaking open of containers and removal of waste by vandals, thieves, animals, accident or weather).
Removed by a registered carrier of waste. It is the responsibility of a business to check that the person removing their waste is licensed. This could be a private company or Torbay Council who offer a commercial collection service as the Waste Collection Authority (WCA).
Described fully and accurately on a document called a Waste Transfer Note (WTN), which provides details of the waste. The purpose of this is to ensure that anybody who comes into contact with it knows what the waste is and whether it is safe to handle. The WTN must be signed by both the producer and the carrier and copies are required to be kept by both for a minimum of 2 years. Torbay Council can serve a legal Notice to the business requiring them to provide copies of the WTN for a specific period. A business that cannot prove that its waste has been disposed of safely and legally can be issued with a Fixed Penalty Notice for £300.
Kept safe. If waste includes substances that may be hazardous, for example chemicals or drugs, the person who removes the waste must be informed of any potential risks, and qualified to remove it.

Businesses who employ unlicensed waste carriers to dispose of their waste are committing an offence. Unlicensed waste carriers can be responsible for fly-tipping (e.g. dumping waste) which can pose dangers to public health, wildlife and the environment. For further information about fly-tipping, visit our webpage under ‘Related Pages’.

Anyone removing waste should be licensed with the Environment Agency to do so. This can be checked with the Environment Agency by phoning 08708 506506 and requesting an instant Waste Carrier Validation Check. Alternatively you can now check online using the Environment Agency Register website.

The Penalties

If a business owner breaches their Duty of Care, the council may issue a legal Notice to them.

Section 34 (Environmental Protection Act 1990) Notice

This Notice requires a business owner to produce copies of a valid WTN. Failure to produce a valid WTN may result in a Fixed Penalty Notice for £300. If taken to Court, offenders may face a fine of up to £5,000.

Section 47 (Environmental Protection Act 1990) Notice

This notice may be issued when additional or excess waste is deposited next to a commercial waste bin. It is the responsibility of a business to ensure that their waste is stored securely (i.e. if they have excess waste they must make additional arrangements with their registered waste carrier). A business that fails to comply may receive a Fixed Penalty Notice for £100, or face a fine of up to £1,000 in Court.

Frequently Asked Questions

I’m still unsure of my legal responsibilities, how can I find out more?

You can download a Keep Britain Tidy publication called Your Rubbish and the Law - A Guide for Businesses. You can also contact a council Environmental Compliance Officer in the Community Protection Team who will explain the correct waste disposal procedure.

I pay business rates, why should I pay for my commercial waste to be collected?

Waste collection is not included in business rates. Businesses must pay a separate charge which is dependant upon how much waste the business generates.

Do I still need to use a registered waste carrier, even if my business only produces a small amount of waste?

Yes. If your business produces a small amount of waste, you can purchase a supply of chargeable commercial waste sacks to put out for collection. These sacks can then be collected by a registered waste carrier.

Can I put my commercial waste into a street litter bin?

No. Street litter bins are in place to enable the public to dispose of their litter responsibly. A business using a street litter bin to dispose of their commercial waste is breaching their legal responsiblities and Duty of Care. Dumping commercial waste next to a litter bin is considered as a fly-tipping offence.

Can I take my commercial waste home and put it in my household bin?

No. Trying to ‘disguise’ commercial waste as household waste is illegal.

Can the council collect my commercial waste?

Yes. Torbay Council is a Waste Collection Authority. Alternatively,this can be arranged through any other registered waste carrier. To check if a waste carrier is registered visit the Environment Agency Register website.

Waste Collection Service

The Council can provide a range of waste collection and disposal services including:

Various size wheeled bins tailored to individual requirements.
Cage containers.
Prepaid refuse sacks where bin storage may be a problem.
Removal of one off loads or items.
Clinical waste

If you would like to request a quote for commercial waste collection please telephone 01803 402960 or E-mail tor2commercial@tor2.co.uk. You can also however use any other registered waste carrier.

Report It!

Residents and visitors to Torbay deserve to enjoy a clean and litter free environment. If you know of a person or business who is not securing or disposing of their waste responsibly and legally, you can help to keep Torbay tidy by reporting them on telephone 01803 207900 or online via the link below.

Report - Litter

Last updated : 06.09.2010, 12:43:38