Business Waste, a guide through the minefield!

If you run a business, you have legal responsibilities for the safe disposal of the waste which arises from your business. It doesn’t matter whether you run a corner shop or a big manufacturing operation, you need to dispose of your waste legally or you could find yourself facing huge fines. Since October 2007 businesses cannot just throw all their waste away. You need to make sure that at least some of the waste is recycled.

The good news is that it is not difficult to keep it legal and there are lots of government websites set up especially to help you to understand what you need to do with your business waste.

Waste Disposal and Recycling

The two main waste and recycling laws which affect businesses are:

• The Environmental Protection Act 1990 Section 34 and
• The Landfill Regulations

The Environmental Protection Act 1990 set outs your duty of care with regard to disposal of your waste.

Who does the duty of care apply to? Any business which produces, imports, keeps or stores, transports treats or disposes of waste has to comply with the duty of care.

Disposing of your Waste

Waste is anything you or your business produces and no longer require and you need to get rid of. This may be anything from office waste, plastic wrapping, off-cuts from manufacturing, scrap pallets and food wrappings, to vacuum sweeper dust, and waste liquids.

When you have waste you must:

a)     Make it secure by keeping it in a suitable container. Waste in a skip should be covered so it cannot escape.

b)     Give your waste to an authorised carrier. Check they have an environmental permit to dispose of your waste. You could be liable to prosecution if you give your waste to someone who isn’t authorised.

c)     Lastly, you must describe the waste you are getting rid of in writing with a waste transfer note which your waste carrier needs so he can dispose of your waste legally. You should keep a copy of these notes for up to two years.

You can’t take your business waste home, put it in street litter bins, or dispose of your recycling in public recycling banks.

If you don’t get rid of your waste legally you could face fixed penalty fines of up to £300, or fines of up to £5000 if you are prosecuted in a magistrate’s court. Unlimited fines can be imposed if the case goes to Crown Court.

N.B. If you are a specialised business dealing with hazardous waste you may have to comply with additional laws. The Environment Agency will be able to provide you with the information you need.

Recycling your waste

From October 2007 no waste is accepted at landfill sites unless it is pre-treated.

There are two main ways your business can meet these new regulations.

a)     Get some of your waste sent for recycling.  It could be your paper, cardboard, glass or printer cartridges which you recycle.

b)     Get your waste collected by a company that puts the waste through a sorting facility so that some of the waste is recycled.

Do you need to find out where to take your waste? Click on the Netregs link to the right to find your nearest waste carriers and recycling companies.

Street Litter

Remember, the law requires you to keep the area around your business free from litter and rubbish which has come from your business, including litter which has been thrown away by your customers.

A tidy shop frontage sends out the right message about your business and will encourage more customers 

Who does this apply to?

a)     Fast Food outlets and convenience stores selling food and drink to take away.

b)     Street cafés and  pubs selling food and drink for consumption in outdoor seating areas

c)     Indoor and outdoor recreation and entertainment venues such as cinemas, sports centres, bingo halls

d)     Banks, building societies and shops with automated cash machines on an outside wall of their premises.

If your business sells food and /or drink you must clear up litter arising from your business in an area up to a hundred metres in each direction from the frontage of your business. You should also provide your own litter bins outside your shops and dispose of this waste through your commercial waste service.

Banks and building societies should ensure that an area within ten metres of the premises is kept clear of litter generated by the cash machines.

Tamworth Borough Council promotes the ENCAMS voluntary code of practice for ‘food on the go’ businesses to reduce litter.

You can help to reduce litter from your business by:

• Displaying the ENCAMS (formerly Keep Britain Tidy group) anti litter poster in your shop
• Picking up the litter around your premises
• Providing a litter bin for your customers to get rid of waste and litter from your shop
• Reducing the amount of packaging you give away.

We need you to play your part in helping to keep Tamworth Tidy. If businesses don’t follow the voluntary code, Tamworth Borough Council as a last resort has powers to make businesses keep their frontages clear of litter. Fixed penalty notices of £100 can be issued or fines of up to £2,500 imposed if a business is found guilty in court.

Clean public spaces and town centres can encourage businesses and customers to the area so it’s in everyone’s interest to keep our streets and leisure complexes clear of litter.

Follow the Netregs link which is designed especially for small to medium size businesses to help you find out about business waste regulations on www.netregs.gov.uk

If you want more information about waste and recycling for businesses in Tamworth or you would like to display the anti litter poster in your shop, contact Neighbourhood services at neighbourhoodservices@tamworth.gov.uk

To the right are some useful website addresses. The websites offer advice on how to reduce waste which cost businesses money, so it pays to get to grips with waste and recycling.