Duty of Care

Under Section 34 of the Environmental Protection Act 1990 (EPA)The Duty of Care requires that everyone who produces, imports, keeps, stores, transports, treats or disposes of waste must take all reasonable actions to manage waste correctly. If convicted of a breach of the Duty of Care clause in a Magistrates Court could result in a fine. A conviction in a Crown Court could elicit an unlimited fine.

Actions required to fulfil your compliance with the Duty of Care clause:-

  1. If you have waste store the waste safely in a secure place to prevent the waste from falling into unauthorised hands.
  2. Prevent the waste from causing environmental pollution or becoming a danger to anyone.
  3. Describe the waste in writing in a consignment inventory.
  4. To authenticate the legal audit requirements of the Directive and relevant Acts ensure that the waste is consigned to a licensed Broker and Carrier.
  5. Countersign the brokers Waste Transfer Note for certification of transfer of ownership.