Duty of Care FAQ’s

The Duty of Care is your legal obligation to take reasonable care to avoid causing damage. Section 34 of the Environmental Protection 1990 applies a statutory Duty of Care to anyone who produces, carries, keeps, treats or disposes of waste to ensure:

• The waste is handled in accordance with an PPC Permit or Waste Management Licence.
• The waste is handled and disposed of without environmental pollution or harm to human health.
• That it does not escape from their control or that of another (i.e. sound packaging).
• That they only pass on the waste to a person authorised to handle it.
• That the appropriate documentation is used to transfer the waste.

As a producer of waste, it is your legal responsibility to prove your Duty of Care obligations have been met. Under current legislation, the following completed paperwork must be kept for a minimum period of:

• Duty of Care Waste Transfer Notes – two years from date of collection.
• Hazardous Waste Consignment Note – three years from date of collection.
• Hazardous Waste Producer Return – three years.
• Non-Hazardous Waste Producer Return – three years.

Inspectors from the Environment Agency or local authority may wish to view this documentation during a site visit, or may request copies in writing.

Fully licenced, CPC operates within the requirements of safety and environmental legislation.

For copies of our licences, please contact our Client Services Team on 01763 207750 who will gladly email you the relevant documentation.

Waste can be stored for up to three months without the requirement for a waste management licence providing that the total quantity of waste stored does not exceed 5 cubic metres.

The key pieces of relevant environmental legislation relating to Duty of Care are as follows:
Control of Pollution (Amendment) Act 1989 c. 14– requires carriers of controlled waste to register with the Environment Agency and outlines the penalties (including seizure and disposal) of vehicles shown to have been used for illegal waste disposal.
Controlled Waste (Registration of Carriers & Seizure of Vehicles) Regulations 1991 SI 1624– introduces a registration system for carriers of controlled waste.
Controlled Waste Regulations 1992 SI 588– Defines household, industrial and commercial waste for waste management licensing purposes.
Environmental Protection Act 1990– establishes in England, Scotland & Wales, the structure and authority for waste management and control of emissions into the environment.
Environmental Protection (Duty of Care) Regulations 1991 SI 2839– imposes a duty of care on any person who imports, produces, carries, keeps, treats or disposes of controlled waste to ensure that there is no unauthorised or harmful depositing, treatment or disposal of the waste.
Environmental Protection (Duty of Care)(England) (Amendment) Regulations 2003 SI 63– Amends 1991/2839 to allow waste collection authorities in England to serve notices on people required to keep written descriptions of waste and transfer notes, and to require them to produce such documents to the authority within a specified time.
Hazardous Waste (England & Wales) Regulations 2005 SI 894– Details requirements for controlling and tracking the movement of hazardous waste and bans mixing different types of hazardous waste.
ADR 2023 Regulations – Agreement concerning the International Carriage of Dangerous Goods by Road)
The Animal By-Products (Enforcement) (England) Regluations 2013 – Defines measures in the veterinary and phytosanitary fields for the protection of public health.