Your business waste responsibilities, or “duty of care”
You must manage your business waste responsibly. This means you need to store, move, and dispose of it without harming the environment. This is required by law under the Environmental Protection Act 1990 and the Waste (England and Wales) Regulations 2011. Not following these rules is a criminal offence.
Under Section 45 of the Environmental Protection Act 1990:
- waste collection authorities must collect your commercial waste if you ask them to
- you will need to pay for this service
Under new recycling legislation, businesses are required to separate their dry recycling and food waste from their general waste by the 1st April 2025.
What happens if you do not meet your duty of care
If you do not dispose of your commercial waste properly, you can face penalties. You must be able to prove in court or to a regulator that you manage your waste legally.
Our officers may visit your business and ask for proof of how you dispose of your waste. They can trace any illegally managed waste back to you.
If you cannot provide evidence of lawful waste disposal, you may be prosecuted or receive a fixed penalty notice. Breaking any part of the duty of care can result in an unlimited fine.
Further resources if you need help
It is important to know what kind of waste your business produces. This can help avoid penalties and take care of the environment. Below is some guidance to help you:
- Check if your material is waste
- Classify different types of waste
- Waste classification technical guidance
- Practical advice on managing your trade waste from Right Waste, Right Place
- Code of Practice
For more information, contact the Environment Agency at 03708 506 506 or email enquiries@environment-agency.gov.uk.