Your business and trade waste

If you run a business, you have a legal responsibility for the safe disposal of your business waste.

Your duty of care:

The two main waste and recycling laws which affect businesses are:

The Environmental Protection Act 1990 Section 34
The Landfill (England and Wales) Regulations 2002

The Environmental Protection Act 1990 sets out your duty of care with regard to disposal of your waste. This duty of care applies to any business which produces, imports, keeps/stores, transports, treats or disposes of waste. The safest way to achieve this is by using a registered waste carrier.

Businesses must ensure that their commercial waste is:

Removed by a registered carrier of waste. It is the responsibility of a business to check that the person removing their waste is licensed. This could be a private company or a collection service by the Waste Collection Authority (WCA). Businesses who employ unlicensed waste carriers to dispose of their waste are committing an offence. Unlicensed waste carriers can be responsible for fly-tipping (dumping waste) which can pose dangers to public health, wildlife and the environment.
Described fully and accurately on a document called a Waste Transfer Note (WTN). The purpose of this is to ensure that anybody who comes into contact with it knows what the waste is and whether it is safe to handle. The WTN must be signed by both the producer and the carrier and copies are required to be kept by both parties for a minimum of two years. The Council, along with its partner District Enforcement, can serve a legal Notice to the business requiring them to provide copies of the WTN for a specific period. If you do not dispose of your waste legally you could face fixed penalty fines of up to £300, or fines of up to £5000 if you are prosecuted in a magistrate’s court. Unlimited fines can be imposed if the case goes to Crown Court.
Kept safe, if waste includes substances that may be hazardous, for example chemicals or drugs, the person who removes the waste must be informed of any potential risks and be qualified to remove it.

Find out more about your responsibilities on gov.uk

Businesses must not:

take business waste home
put it in street litter bins
or dispose of their recycling in public recycling banks.

These are illegal disposal routes.

How we check your waste disposal arrangements

As part of our goal to improve the environment Welwyn Hatfield Borough Council, working in partnership with District Enforcement, will be undertaking unannounced visits to businesses across the Borough.

Uniformed officers will be visiting during business hours and will enquire about the waste disposal arrangements.

Business owners will be required to supply the appropriate documentation and may be issued with a notice to provide the documentation within 28 days.

Failure to provide the appropriate documentation could result in a fine.

Arrange for the collection of commercial waste

You can contact FCC our waste partner to arrange a collection:

Email: welwynhatfield.ur@fccenvironment.co.uk

Telephone: 01242 248 880

If you use another company to collect your waste you must check they have a waste carrier's license on the waste carrier register.