Waste Management Regulations

The Environmental Protection Act (EPA) 1990 is the most important piece of legislation for waste management in England, Scotland, and Wales. There are two key parts it’s important to be aware of regarding commercial waste disposal. Section 33 covers storage, disposal, and treatment of waste to protect the environment and prevent illegal disposal.

Section 34 applies a duty of care to businesses that produce waste. This means businesses must legally use licensed waste carriers to transport their waste, store waste securely and manage commercial waste independently from domestic rubbish, and keep the proper paperwork for at least two years.

The Controlled Waste Regulations classify commercial waste and industrial waste as controlled waste. This classification means any waste produced on premises for a business, charity, club, or society are subject to the Environmental Protection Act. It aims to ensure that the producer is responsible for related waste management costs.

The legislation was introduced to ensure waste disposal services from non-domestic properties (such as businesses) aren’t covered by the taxpayer. As a business, the Controlled Waste (England and Wales) Regulations 2012 essentially regulate your commercial waste management under the Environmental Protection Act.

These waste regulations cover electrical and electronic equipment and were introduced to reduce the amount sent to landfill or for incineration. The Waste Electrical and Electronic Equipment (WEEE) Regulations 2013 place an obligation on manufacturers of WEEE to register as a producer, based on how much EEE they place on the UK market:

• As a small producer with their environmental regulator, if the business puts less than five tonnes of EEE on the UK market in a compliance year
• Join a producer compliance scheme (PCS) if the business places more than five tonnes of EEE on the UK market

There are separate regulations for batteries, so the weight of any must be subtracted for separate reporting. Producers must make information available about the processing of EEE materials within one year of placing new EEE on the market and keep relevant documents for at least four years.

These WEEE regulations also place an obligation on distributors (businesses that sell electrical items). They must offer a free WEEE takeback scheme, accept WEEE for free when supplying customers with a like-for-like product, keep records of all WEEE taken back for a minimum of four years, provide information to customers about these services and how to get rid of their WEEE.

The size and finances of EEE distributors also affect their standing under these regulations:

• Businesses that sell less than £100,000 of EEE annually can join the Distributor Takeback Scheme (DTS)
• Retailers with more than 400 square metres for EEE sales must accept small WEEE items (25cm or shorter on its longest side) for free from customers with no requirement to buy new EEE items

This piece of waste legislation applies to businesses in England and Wales that produce, keep, store, and dispose of waste, which includes any business. It also affects organisations that import or export, transport, and treat waste or operate as a waste broker or dealer.

The main role of this regulation is to apply the waste management hierarchy. This requires businesses to take these steps in this order of priority when managing their waste:

• Prevent – take action to eliminate waste at the source and other actions to reduce waste production within the organisation.
• Reuse – prepare waste so it can be reused rather than disposed of to minimise waste.
• Recycle – send waste materials for recycling.
• Recover – get rid of non-recyclable rubbish via recovery, such as energy from waste.
• Disposal – waste disposal (such as incineration and landfill) should be a last resort.

Compliance with each relevant business waste law that applies to your organisation is vital to operate safely and legally. It helps protect the environment, your business, and avoids any potential fines or penalties. Understanding which legislation for waste management applies to your business helps, but most people don’t need to know the specifics of every regulation to stay safe.

Our experts can help ensure your business is compliant with the relevant laws, legislation, and regulations. They can answer any questions you have and point you in the right direction for further information, where required. Call 0800 211 8390 or contact us online to find out more.

As a starting point, these are the basic things any business must do to

• Uphold your duty of care – ensure you only transfer waste from your business to an authorised individual or company. Follow the waste hierarchy and take steps to reduce, reuse, recycle, and recover waste.
• Get a waste transfer note – make sure you receive a waste transfer note or a duty of care certificate for all waste that leaves your premises. Keep it for at least two years, as it provides legal proof of what happens to your commercial waste.
• Separate waste – use different bins, bags, and containers to segregate waste into individual streams so they’re recycled and disposed of appropriately. This helps ensure compliance with Simpler Recycling and other waste disposal regulations.
• Use licensed waste carriers – only use licensed waste carriers to collect and transport any waste from your business.
• Reduce waste – follow the waste hierarchy and work on ways to eliminate and minimise the waste your business produces. Conduct a waste audit and improve your waste management plan to achieve any waste reduction goals.

At Business Waste, we ensure all waste is removed, transported, and disposed of safely and legally in line with relevant UK laws and regulations. We only work with licensed waste carriers, and your commercial waste is collected and moved to an authorised site for disposal.

Enjoy further peace of mind as we provide a free duty of care certificate for your waste management too. Our friendly and expert team are on hand to help with any legal and compliance issues or questions you have. This includes services such as a waste audit or help creating a waste management plan to ensure legal compliance.