How to dispose of business or commercial waste
As a business you are responsible for the waste and recycling generated from your activity. It must be disposed of in line with duty of care legislation.
Your Duty of Care starts the moment you produce the waste and recycling and continues until it is recovered or disposed of. This applies even when you give it to a waste management company to deal with, your waste is your responsibility and you must ensure it’s disposed of correctly,
These laws apply to all types of businesses whether operating from a fixed premises or as a mobile business; from shops to services, property landlords to house clearers, decorators to gardeners and tip run services.
If you are paid to undertake work for someone else you are responsible for any waste created by your businesses.
How to comply with Duty of Care legislation?
Section 34 of the Environmental Protection Act 1990 requires all businesses to:
- Sort and store waste properly and safely, so that nothing can escape (litter, liquids or odour), and other people cannot access it.
- Keep hazardous waste (including batteries, chemicals, oils, healthcare, and electricals) separate from non-hazardous materials.
- Store bins on private land, and not the public highway.
- Ensure safe transportation, by yourself or a contractor, to a registered waste disposal facility, which must provide a Waste Transfer Note (or equivalent) on receipt of your waste. The transporter must have a Waste Carriers License.
- Keep all Waste Transfer Notes and/or invoices for 2 years, and Consignment Notes for hazardous waste for 3 years. Failure to produce these documents could result in your prosecution and an unlimited fine.
Where to dispose of business waste
It is against the law for businesses to use household collections, bring banks or household waste recycling centres to dispose of business waste.
Instead you should use a commercial waste carrier who will deal with your waste on your behalf. You should only use licenced waste carriers, you can check if a waste carrier is licensed on the Environment Agency's website.
Check the Register of Waste Carriers, Brokers and Dealers
These waste carriers can either collect items by appointment or provide containers (such as wheeled bins or a skip) that they empty on an agreed schedule. Many of these companies offer collection services for multiple different items, to fit your businesses needs, including:
- general waste
- cardboard
- glass
- food waste
- wood
- metal
- mixed recycling
Always make sure to obtain a copy of their Waste Carrier’s License, as well as any Waste Transfer Notes for the disposal of your waste (this may be issued annually or for each collection).
FAQ's
No, waste collection is not included in business rates. Businesses must make their own arrangements for waste disposal.
If you run your business from your homes, you must keep the waste produced at home from your business activities separate from household waste. You must also find a way to dispose of this legally, such as a waste carrier.
No, these sites are for household waste only.
If you were to dispose of businesses waste at these sites it would be classed as fly-tipping under Duty of Care laws, and if caught you may be prosecuted or fined.
It is highly unlikely that a business produces no waste at all – post, junk mail, damaged or obsolete equipment, packaging from deliveries, food and drink consumed by staff (and its packaging), cleaning materials and office paper, are all classed as business waste.
Regardless of the volume you produce, you must still dispose of it legally.
You should always keep all Waste Transfer Notes and/or invoices for 2 years, and Consignment Notes for hazardous waste for 3 years.
If you are unable to provide these documents at the inspection you will be given a notice to produce the documents within seven days.
After the seven days, if you still cannot demonstrate compliance, you will be issued with a fixed penalty notice.
Before using a waste carrier, always check that they are registered, you can do this on the Environment Agency's website.
If you are concerned that the company or person collecting your business waste may be breaking the law, stop giving them your waste and report it immediately by emailing communitysafety@melton.gov.uk.