Legal requirements
You can find out what legal requirements you must follow when handling and disposing of your waste.
Waste Transfer Note
You need to have a Waste Transfer Note (WTN) if you have your waste and recycling collected by any organisation, not just Cardiff Council.
The note puts in writing:
• the types of waste and recycling your businesses produces,
• where the waste and recycling comes from,
• how it is presented for collection, and
• who collects and handles your waste and recycling.
You should keep a formal record of what happens to your recycling and waste using WTN. Each WTN must be signed by you and the registered waste carrier who collects your rubbish. If you take your waste and recycling to an authorised site, you will be given a WTN as proof of disposal.
You should keep a record of all your WTNs for at least two years. If you fail to show your WTNs you could be:
· fined £300, or
· prosecuted in court and be fined up to £5,000.
If you illegally dump your waste, you could be:
· fined up to £50,000, or
· imprisoned for up to five years.
The WTN also asks for a declaration that you have considered reusing or recycling before deciding to dispose of your waste. You can find out more about disposal and WTNs on the GOV UK website.
Annual Duty of Care
Under section 34 of the Environment Protection Act 1990, all businesses must:
• make sure the organisation collecting its waste is licensed to do so
• take steps to store waste and recycling safely and securely so it does not cause harm to the public or environment
• Describe the waste in writing using a Waste Transfer Note if it intends to pass on waste and recycling to another organisation
The Environmental Protection Act 1990 also states that by law you must:
· Hold a waste carriers’ licence if you wish to transport and dispose of your own waste. You can buy a license from the GOV.UK website,
· Make sure that all waste is put in the correct containers (this will be stated by your waste contractor and your WTNs). You could be fined or get a penalty notice if you put out your waste in the wrong containers.
· Put your waste out at the correct times. Your waste contractor will tell you when to put your waste out and when it will be collected.
We can help you to meet all the legal responsibilities of storing and disposing of your waste. This includes helping you to keep your documentation up to date.
If you would like more information about your legal responsibilities, please contact us.
