Duty Of Care

 

The “Duty of Care” was introduced under the Environmental Protection Act. Anyone who imports, produces, carries, keeps, treats or disposes of waste is subject to a duty of care whereby they must take all reasonable and applicable measures:

  • to prevent another person illegally treating, keeping, depositing or otherwise disposing of the waste
  • to prevent the escape of waste
  • to ensure that transfer of the waste only occurs to an “authorised person” and that the transfer is accompanied by a written description of the waste

One of the aims of the Duty of Care is to prevent the practice of waste producers simply handing their waste over to anyone prepared to take it away, without giving consideration to where it is going and whether it will be dealt with properly.

The Duty of Care was amended in February 2003 to allow Waste Collection Authorities, in addition to the Environment Agency, to check whether businesses are completing and retaining their Duty of Care transfer notes correctly. The Act was further amended in 2005 to include householders within its remit, meaning that it is the householders responsibility to ensure that any waste passed on goes to a registered carrier.

See our GDPR Compliance Policy