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Statutory Guidance: Waste Duty of Care Code of Practice

Section 34 of the Environmental Protection Act 1990 imposes a duty of care on everyone involved in handling controlled waste, from the person who produces it to the person who finally disposes of or recovers it.

The Duty of Care requires you to:

  • take all reasonable steps to keep waste safe by preventing its escape,
  • check that the waste is managed by someone who has the appropriate permit and can deal with it or dispose of it in a lawful and safe manner without causing any harm,
  • check, before the waste is transferred or consigned, that the person taking the waste is authorised to take it,
  • ensure that you record an adequate written description of the waste to accompany the waste when waste is transferred. The written description must be retained for a minimum of 2 years for non-hazardous waste and 3 years for hazardous waste.

Anyone to whom the Duty of Care applies must ensure all other parties comply with the requirements. Failure to comply with the Duty of Care is an offence.

Gov.UK website: Waste Duty of Care Code of Practice (external link)