The “Duty of Care” with regards to waste is an environmental legislation that applies to all businesses that either produce or transports waste. You can apply online for the ENVIBE Bronze award this will help you determine whether you are meeting your “Duty of Care”. The waste directory can also help you determine if you are complying with your “Duty of Care” and help find waste carriers and much more.

From 30 October 2007 all businesses need to treat their non-hazardous waste before passing it on to their waste collector if the waste goes to land fill, to find out how this applies to your business check the Environment Agency’s website.

The Environment Agency has developed a dedicated website designed to help smaller businesses navigate through the maze of legislation relating to the environment.

• Environmental Protection Act 1990 - Includes the IPC regime (see below), duty of care for waste (see Regulations below), waste management licensing, and the identification and remediation of contaminated land. Most businesses will be affected by this Act.
• COSHH (Control of Substances Hazardous to Health Regulations) 1999 - Control the exposure of employees to toxic and harmful substances (including gases, vapours, liquids, dusts and solids). Any workplace, which contains such substances, will be affected including those within Agriculture, Chemical, Waste and Cleaning industries recycling targets.
• Packaging Waste Regulations 1997 - Require those with a specified turnover/quantity of packaging to register and achieve recycling targets. A business will be affected by the Regulations if it manufactures, packs, sells or imports more than 50 tonnes of packaging per year and has a turnover of more than £2m per year.
• Hazardous Waste Regulations 2005 - Replaced the Special Waste Regulations 1996 on 16 July 2005. More wastes, including TVs, computer monitors and fluorescent tubes, are now classed as hazardous waste. This will affect most businesses, as producers of hazardous waste need to register with the Environment Agency and keep records of the waste they generate. They must make sure it is properly described and consigned to a suitably authorised recovery or disposal facility. Different categories of hazardous wastes, and hazardous and non hazardous waste must not be mixed (unless appropriately authorised). Download: Waste - Can you handle it? PDF.
• Duty of Care Regulations 1991 - Control the storage, handling and disposal of waste. Applies to all businesses which produce or dispose of waste.
• Water Industry Act 1991 - Relates to the appointment and duties of sewerage undertakers. Those affected include water companies and sewage treatment works.
• Water Resources Act 1991 - Relates to the provision of discharge consents, abstraction licensing and flood defence. This Act potentially affects all those who make discharges into water or abstract water including the Construction, Agricultural and Fishing industries.
• IPPC/IPC - These regimes control emissions to air, land and water from industrial processes. Those potentially affected include the Construction, Agricultural, Chemical, Waste and Food and Drink industries.