7517 Principles of Sustainable Resource ManagementUnit 208 Understand the Duty of Care within the Waste and Recycling Industry

Duty of Care

From the person who produces it to the person who finally disposes of or recovers it

Duty of Care is one of the main ways to combat fly-tipping

Duty of Care Regulations Waste poses a threat to the environment and to

human health if it is not managed properly. Self regulating system based on good business

practice. It places a duty on anyone who has a responsibility

for controlled waste to ensure that it is managed properly.

Code is to provide practical guidance for waste holders and brokers subject to the duty of care.

Duty of Care Regulations

Section 34 of the Environmental Protection Act 1990 Imposes on persons concerned with controlled waste The duty applies to any person who:

produces imports Carries or keeps treats or disposes of controlled waste Broker who has control of such waste (or waste holder)

Controlled waste Waste from households, commerce or industry ‘Directive Waste’ Householders are exempt from the Duty of Care

for their own household waste

Problems with Waste

Safe or hazardous? All waste can be hazardous All hazardous waste can be treated safely

Not only contents that cause problems What will happen to it

Description of the waste to manage it properly

Problems in handling or Treatment

Special containers Contact with other materials Can it be crushed or transferred Can it be incinerated May it change physical state Can it be safely disposed of at

landfill?

Responsibilities Duty on stakeholders to disposal Labelled Documented if being transferred

Transfer note

Completed and signed by parties involved

Quantity of waste How packed Description of waste EU Waste catalogue code Kept for 2 years

Description of Waste Type of premises or business from which the waste

comes Name of the substance or substances Process that produced the waste Chemical and physical analysis ‘Household’, ‘Domestic’ or ‘Mixed’ may not be

sufficient Must provide sufficient information to the waste

holder to avoid mismanagement

EU Waste Catalogue Code

Individual waste types assigned a six-digit code that comprises two digits for the chapter, two for the subchapter and two specific to the waste type

Municipal waste codes are prefixed with ‘20’ Hazardous wastes are signified by entries where

the EWC code is marked by an asterisk or an ‘A’ Hazardous waste consignment note would be

completed for these rather than a transfer note

Task Research roles and

responsibilities of individuals in the waste management chain regarding the ‘Duty of Care’ code of practice

Waste Producers Waste carrier/transport Waste Disposers Waste Brokers

Waste Producers Waste producers are solely responsible for the care of

their waste while they hold it Waste producers are normally best placed to know

what their waste is and to choose the disposal, treatment or recovery method

Using a registered or exempt carrier does not necessarily let a producer out of all responsibility for checking the later stages of the disposal of his waste

The producer shares the blame for illegal treatment of his waste if he ignores evidence of mistreatment

Waste Importers

Waste importers or exporters must act according to the requirements of the EC Waste Shipments Regulation

The EC Regulation requires pre-notification of and consent to movements of waste, with the details of each shipment set out on a consignment note

Waste Carriers/Transporters

Waste carrier is responsible for the adequacy of packaging while waste is under his control

He should not rely totally on how it is packed or handed over by the previous holder

When accepting any waste a carrier should make at least a quick visual inspection to see that it appears to match the description

Waste Disposers

Disposed of safely, does not cause harm to human health or pollution of the environment and is authorised to receive it.

Ensure that the transferee is authorised Prevent the escape of waste, to contain it

Waste Brokers Controls what happens to the waste, is taking

responsibility for the legality of the arrangement during the transfer

Responsible for ensuring that a correct and adequate description is transferred, that the waste is within the scope of any waste licence or exemption, that it is carried only by a registered or exempt carrier and that documentation is properly completed

Undertake the same level of checks after transfer, and the same action on any cause for suspicion, as a waste holder

Assignment 1. Describe the requirements of the ‘Duty of

Care’ regulations 2. Explain what the ‘Duty of Care’

regulations mean for your organisation regarding:

Waste transfer notes Hazardous waste consignment notes

3. Explain the implications and penalties for breach of ‘Duty of Care’ regulations.