Licensed Waste Carriers and the Transportation of Controlled Waste

Date: 08/10/2009

Licensed Waste Carriers & The Transportation Of Controlled Waste

 

Licensed Waste Carriers are licensed specifically in order to transport controlled waste. They are held responsible to the Environment Agency who alongside the local authority are empowered to stop and ask any licensed carrier to produce their licence for inspection. The “Clean Neighbourhoods and Environment Act 2005” empowers the authorities to issue a fixed penalty notice for carriers who fail to show the correct documentation.

Under the Environmental Protection Act 1990 & Control of Pollution (Amendment) Act 1989, only licensed waste carriers are permitted to transport controlled waste. In the context of business waste, (offices and factories), all waste (including scrap metal) is classed as controlled waste.

Anyone who has any dealing with controlled waste has a legal responsibility, “a duty of care”, to ensure that the waste is correctly managed; that it is collected, transported and disposed of safely. Furthermore that it does not cause any harm in relation to either human health, or the environment. In addition, only licensed waste carriers can transport this, and it must be delivered to a properly authorised recipient. These laws apply to anyone who creates, imports, transports, stores, processes or disposes of controlled waste.
Any breach of this Duty of Care is subject to a £5000 fine on summary conviction or an unlimited fine upon final conviction or indictment.

The Duty of Care Regulations 1991 (the 1991 Regulations), stipulate that companies who transfer waste must complete and file a waste transfer note. This note must contain a description of the waste, and DEFRA provides statutory guidance on how waste transfer notes are to be completed. A copy of this guidance is available in a DEFRA document entitled “Waste management, the duty of care and code of practice”.

The Duty of Care Regulations 1991, state that the description of the controlled waste entered on the waste transfer note, should be in accordance with the European Waste Catalogue (EWC) including the corresponding code number. This is to help to ensure the correct monitoring and treatment of waste destined for Landfill, in accordance with the EWC directive and code of practice.