Legal requirements for commercial waste

You must ensure that all commercial waste is managed correctly from the point of production to the point of final disposal. As a waste producer, you are responsible for your waste throughout the whole of this process. This is called your Duty of Care.

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Your Duty of Care

Commercial premises arranging for the collection and disposal of waste must comply with the requirements of Section 34 of the Environmental Protection Act 1990 and the Environmental Protection Act (Duty of Care) Regulations 1991 as amended. You can view both acts at www.legislation.gov.uk.

Your responsibilities

• You must complete a Waste Transfer Note, a copy of which must be kept on file for two years and be renewed annually
• You should store your waste, including recycling, safely and securely until collection
• All sacks should be tied securely and protected from scavenging animals prior to collection
• Bins should be kept locked with all waste contained within the bin
• You must only use the sacks or bin issued by the London Borough of Richmond to contain your waste (including recycling), waste or recycling presented in any other container will not be collected
• Flatten boxes and tie them up with the sack we provide for waste or for recycling accordingly
• Stack all your waste tidily to avoid accidents
• You must ensure your waste, including recycling, does not cause litter or spillages

Using a private contractor

If you use a private waste collection contractor, make sure they are a Registered Waste Carrier (they will be able to show you a certificate of registration). You can check these details with the Environment Agency. If they are not registered you should check whether they are exempt from registration, which you can also check with the Environment Agency.

Please be aware that whether you use our collection services or you use a private contractor, the Duty of Care still applies.

Enforcement

Our Street Scene Enforcement Officers carry out daily patrols in the Borough and will take enforcement action against commercial premises that do not manage their waste properly.

Formal enforcement action may include the issuing of Fixed Penalty Notices, notices requiring a commercial premise to provide the Council with their Waste Transfer Notes, or legal proceedings in serious cases.