AnyJunk discusses current waste legislation

Jason Mohr, founder and managing director of AnyJunk, the on-demand rubbish clearance company, makes sense of the legislation and highlights important points that contractors need to know.

When it comes to waste, the sheer volume of stringent environmental regulations has left many contractors unaware of their legal obligations.

However, not being up to speed with the law leaves contractors open to some serious consequences, including criminal prosecution.

It is often wrongly assumed that only dedicated waste removal companies are legally required to register as a waste carrier.

However, this is simply not the case.

In reality, any contractor that removes customers' waste must be registered with the Environment Agency (EA) as a waste carrier, and complete a valid waste transfer note (WTN) for each transfer.

These requirements apply regardless of where the waste is taken to - whether it's back to the contractor's own premises, to another contractor's premises or directly to a tip.

Company status makes no difference either - being self-employed, in a partnership or a limited company simply doesn't come into it.

Organisations that fail to register as a waste carrier are operating illegally and, if caught, face some serious consequences, including a fine and seizure of the vehicle used to transport the waste.

In addition, because a considerable number of contracts with lead contractors or large commercial organisations typically include an obligation on the subcontractor to comply with current environmental law, failure to comply with these obligations is likely to constitute breach of contract.

Register today Registering as a waste carrier is a fairly straightforward process.

A form is available to download from the EA's website - www.environment-agency.gov.uk Once completed, it should be returned to the EA, along with a registration fee.

Registration lasts three years, after which it can be renewed at an additional cost.

Waste transfer notes Regardless of industry sector, compliance with the law does not just stop at registering.

Any contractor that handles waste has a duty of care to ensure that it is disposed of safely and within the law.

As part of this obligation, every time control of waste is transferred from one party to another (for example, from a customer to a waste carrier), it must be accompanied by a WTN - sometimes referred to as a duty of care note.

Waste carriers should provide their customers with WTNs, but each party is responsible for making sure the information contained within them is accurate, and both must sign the document and keep a copy for two years.

A WTN is also required when waste is passed on to a waste transfer station (in this context, it is commonly referred to as a tipping receipt or weighbridge ticket) or other third-party (such as the lead contractor - if waste is dropped off at its depot), but in this instance it is the party receiving the waste that produces the WTN.

Each WTN should detail the place, date and time of transfer, the parties involved (including the waste carrier's registration number) and a description of the waste being transferred.

The description of the waste should include the relevant European Waste Catalogue code(s), as well as an indication of quantity and/or weight.

A sample copy of a WTN can be downloaded from the EA website.

A WEEE waste matter When a contractor takes control of non-hazardous waste electrical and electronic equipment (WEEE), such as old fuse boxes or cabling, a standard WTN is required.

It should contain similar information to the one used to cover general waste, but the waste codes will be different.

A contractor's obligation with regards to disposal is to ensure that it is taken to an appropriately licensed facility.

Hazardous WEEE, such as fluorescent lamp tubes or air conditioning units, should not be bundled in with general waste or other WEEE.

This type of waste must only be disposed of at facilities that are licensed to handle it.

When hazardous waste is removed from commercial premises, it requires a hazardous waste consignment note (in addition to a standard WTN), copies of which should be kept for three years.

Further guidance on handling hazardous WEEE can be obtained from the EA website.

Store with caution Although contractors often take waste back to their premises before ultimate disposal, it is important to exercise caution when storing waste anywhere other than on the site where it was created.

Depending on the type and quantity of waste and the manner in which it is being contained, storing it may require a permit from the EA.

Local planning and landlord's consent could also be necessary, as well as a host of further related controls, such as heath and safety practices and insurances.

Don't risk it When it comes to waste, it's crucial that all contractors take time to carefully consider their operations and, if required, either register as a waste carrier or eliminate the problem completely by using a professional waste carrier.

Operating outside of the law is a risk that just isn't worth taking.

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