A new Duty of Care Regulation will come into force on 1st March 2014.
The Duty of Care is a law that says you must take all reasonable steps to keep your waste safe. If you give waste to someone else, you must be sure they are authorised to handle it and can transport, recycle or dispose of it safely.
According to the regulation, the transferor and the transferee must complete, sign and retain a ‘transfer note’ that describes the waste. This note must:
– give the name and address (including the postcode) of the transferor and the transferee.
– give the date and place (including the postcode) of the transfer.
– state whether the transferor is the producer of the waste.
– state whether the transferor is the importer of the waste.
– describe the type, composition and quantity of the waste being transferred (including, where the waste is in a container, the type of container)
– identify the waste being transferred by reference to the appropriate six-digit code in the European Waste Catalogue.
– identify the activity carried out by the transferor in respect of the waste being transferred by reference to the SIC code for that activity.
Additionally, a transfer note must state that the transferor or transferee is such a person where that person holds:
– a waste management licence
– a disposal licence
– a permit which authorises the carrying out of a specified waste management activity
– a person to whom section 33(1)(a) and (b) of the Act(b) does not apply by virtue of regulations under subsection (3) of that section.
– a person registered as a carrier of controlled waste
For management licence holders and disposal licence holders, it is also required to include the following additional information:
– If the waste being transferred is to be kept, treated or disposed of by that person, the relevant licence number and the name of the licensing authority.
– The name of the waste regulation authority with whom that person is registered and the registration number.
Persons registered as carriers of controlled waste will also need to provide the name of the waste regulation authority with whom that person is registered and the registration number.
For further information about this new Duty of Care Regulations, please do not hesitate to contact us. We will be happy to help.