Commercial waste

Trade waste duty of care

If you have waste, you have a legal Duty of Care which requires all businesses to take all reasonable steps to keep waste safe.  Waste must be stored safely and securely and must not cause pollution to people or the environment.  The waste must be packaged in suitable containers so that it cannot fall out, blow away or escape from the receptacle.  It must be secured against unauthorised removal as far as is reasonably practical.  Security should be sufficient to prevent the breaking open of containers and removal of waste by vandals, thieves, animals, accident or weather.

Disposing of waste correctly

All businesses have a responsibility to dispose of their waste correctly and to ensure it is only passed to an authorised registered waste carrier for transportation and disposal.  This is a legal responsibility under section 34 of the Environmental Protection Act 1990.   

Businesses must ensure that the person removing the waste is either from a local authority or a licensed waste collection company. They will be authorised to remove waste and transport and dispose of it safely. The business must provide a written description of the waste to the person who removes it. This is known as a Waste Transfer Note and must be completed by both persons involved in the transfer.  You can check whether the person or company taking your waste is a registered waste carrier by asking to see their Waste Carriers Licence or by visiting the Environment Agency Website.

Controlled Waste Transfer Note

All producers of business waste are required to produce, when requested by an enforcement agency such as the Council or the Environment Agency, a valid Controlled Waste Transfer Note. As a waste producer you must, by law, have a current waste transfer note and expired ones must be retained for 2 years.

Braintree District Council has a statutory duty to collect refuse from domestic properties, but waste from business premises is not collected as part of business rates.  Businesses have to take out a separate contract for the removal of their commercial waste and Braintree District Council is one of many Registered Waste Carriers.