Waste and your duty of care | Sevenoaks District Council

Waste and your duty of care

You have a legal responsibility, known as a Duty of Care, to make sure your waste is handled and disposed of properly.

If you ask someone to remove your waste, you must check that they are authorised to do so and keep a record of the checks you make.

Before handing over your waste

Make sure the contractor:

You must keep Waste Transfer Notes for at least two years.

Avoid unlicensed waste carriers

Be cautious of waste collectors advertising cheap services, particularly through social media.

Always check that a waste carrier is registered before giving them your waste. Positive reviews are not proof that a business is operating legally.

If your waste is fly-tipped and you have not taken reasonable steps to check the carrier, you could face a fixed penalty notice, prosecution, an unlimited fine, or a criminal record.
 

Business waste responsibilities

All businesses, including those run from home, have a legal responsibility to make sure their waste is stored, transported and disposed of correctly.

Business waste includes items such as:

  • Food and drink waste
  • Cleaning materials
  • Packaging and stationery
  • General waste
  • Recyclable materials

Business waste must not be placed in household bins or taken to a Household Waste Recycling Centre.

Managing your business waste

You can dispose of your own waste, but you must keep records showing:

  • Where it was taken
  • What type of waste it was
  • How much was disposed of
  • When it was disposed of

Keep all receipts and records for at least two years.

If you use a contractor, they must be a registered waste carrier and provide the appropriate Waste Transfer Note.

Waste produced through human or animal healthcare activities is classed as clinical waste and requires specialist disposal arrangements.
 

Storing waste safely

You remain responsible for your waste until it is collected by an authorised waste carrier.

To manage waste safely:

  • Use suitable containers.
  • Keep bin lids closed.
  • Store waste securely.
  • Have enough capacity for the waste your business produces.

If a collection is missed, do not leave waste on the street. Return it to a secure location and contact your contractor.
 

Staff training

Anyone handling waste should understand how it should be stored, managed and disposed of to help your business meet its legal responsibilities.