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 without harming the environment. This is called the duty of care (DOC). The DOC is covered by Section 34 of the Environmental Protection Act 1990 and the Environmental Protection Act (Duty of Care) Regulations 1991.

You are responsible for your waste from when you produce it until you have transferred it to a licensed waste carrier. You can check if your waste collector is licensed to take your waste through the Environment Agency website.

Requirements of the Duty of Care

The DOC requires you to ensure that:

• you store your waste securely so it does not spill - tie up bags, flatten and bundle boxes, close bin lids.
• ensure your waste is transported by licensed waste carrier – either by Ipswich Borough Council, through its Wastesaver commercial waste service, or by a private operator.
• you complete a Waste Transfer Note (WTN) for every transfer of waste or for a specified period and keep a copy of it for at least two years.

Ipswich Borough Council will supply you with a WTN on a yearly basis which confirms you are meeting your legal requirements. A copy of your WTN can be obtained by contacting us on 01473 433084.

What the Waste Transfer Note (WTN) includes

The WTN includes:

• a written description of the type of rubbish being collected, how it is contained (e.g. in bags or bins) and when it is collected.
• confirmation of Ipswich Borough Council’s license to legally collect waste and details of where it is taken to.

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.