Duty of care

All businesses have a duty of care for waste. If you produce waste you have a legal responsibility to ensure that you produce, store, transport and dispose of your business’ waste correctly under Duty of Care legislation.

The Waste (England and Wales) Regulations 2011 apply the Duty of Care requirements brought in by the Environmental Protection Act 1990. They require that:

  • Waste is stored correctly i.e. it must be properly contained – tie up bags, flatten and bundle boxes, close bin lids;
  • It is only collected by a registered waste carrier, such as Wastesaver;
  • All collections are covered by a valid Waste Transfer Note that includes a written description of the waste, to enable anyone handling it to do so safely and appropriately;
  • Records of transfers of waste are kept for at least two years;
  • Waste is only taken to an authorised facility that has the necessary waste management licensing – ignorance of the disposal site is no defence if your waste is found flytipped.

Ipswich Borough Council will supply you with a Waste Transfer Note on an annual basis, which once signed by you, confirms that you are meeting your legal requirements. A copy of your Waste Transfer Note can be obtained by contacting us.

You must keep a copy of your Waste Transfer Note for two years. More information on your duty of care can be obtained from DEFRA:
https://www.gov.uk/managing-your-waste-an-overview