Refuse duty of care - enforcement
- Category: Rubbish and recycling
- Last Updated: 07 June 2016
The Duty of Care is set out in S34 of the Environmental Protection Act 1990 and associated regulations. It applies to anyone who is the holder of waste, including local authorities, businesses and waste management companies.
Persons concerned with waste must ensure that the waste is managed properly, recovered or disposed of safely, does not cause harm to human health or pollution of the environment and is only transferred to someone who is authorised to receive it. The duty applies to any person who produces, imports, carries, keeps, treats or disposes of controlled waste or as a broker has control of such waste.
Household Duty of Care
On 21 November 2005, the Waste (Household Waste) Duty of Care (England & Wales) Regulations 2005 introduced a new duty on householders. Under this duty, householders are required to take reasonable measures to ensure that household waste produced on their property is passed on to an authorised person.
The regulations aimed to lead to better waste management and help to reduce illegal waste activity such as fly-tipping.
Organisations or individuals can be fined if they are found to be in breach of their "Duty of Care".