
Business waste and duty of care
If you operate any form of business, you have a legal responsibility to safely contain and legally dispose of any waste produced from your business.
Are you disposing of your waste legally?
If you operate any form of business, you have a legal responsibility under the Environmental Protection Act 1990 and other related legislation to safely contain and legally dispose of any waste produced from your business.
If you don’t, you can be taken to court as you are committing an offence. If you are found to be disposing of your waste illegally you will be prosecuted. The maximum penalty is a fine of £50,000 and up to 12 months imprisonment in the Magistrates Court, 5 years imprisonment and unlimited fine at the Crown Court.
The law also applies to anyone working from home such as garden clearances, packing & delivering, child minding, catering or home offices. This waste is known as commercial waste or business waste. A lot of people, especially small businesses say "but my business does not produce any waste". But what about?
- Food & drink consumed on the business premises
- Damaged or scrapped items
- Floor sweepings, particularly if you are a hairdresser
- Cleaning materials
- Items used in daily running of business i.e. cotton wool, disposable gloves
- Contents of litter bins; tissues, wrappers, plastic water cups & general waste that cannot be recycled
- Recyclable items; plastic drinks bottles, papers/magazines, coffee jars, milk cartons, envelopes & junk mail
This is all classed as business waste as was produced as a result of commercial activities It is an offence to take it home and place it in your domestic bin, take to a Household Recycling Centre or to dispose of it any other way except in accordance with the Duty of Care. You will have to prove to the courts that you do not produce any waste whatsoever.
Businesses are required to follow the "Waste Hierarchy" and consider reducing and reusing waste before recycling, with disposal as the last option.