Business waste activities are heavily regulated by UK environment law. The Environment Agency (EA) regulates all manner of waste activities: waste transfer, storage, treatment sites and hazardous waste. It also registers carriers and brokers of waste.
The EA aggressively tackles and prosecutes waste crimes and other infringements. Companies breaching regulations such as the Environmental Permitting Regulations (England and Wales) 2010 should take note. The offences impose strict liability, so it is not necessary for the EA to prove negligence or fault on the part of the defendant, making it easier for the EA to secure convictions even where a company was unaware that its activities were unlawful.
Duty of care when handling waste
Businesses have a responsibility to ensure that the waste they produce or handle is managed and disposed of legally. This Duty of Care applies to everyone involved in handling the waste, from the producer to the person who finally disposes or recovers it. It relates to any waste produced from construction, demolition, industry, agriculture, or any commercial activity including home-based businesses.
The Duty of Care exists from the moment that waste is produced to when it is received by a business authorised to deal with it such as a licensed disposal site. Businesses must consider alternatives to waste disposal such as recycling and ensure (a) that waste is stored securely and safely in accordance with relevant exemptions; and (b) that a Waste Transfer Note is obtained for each load of waste transported. Businesses must check and independently verify that any third party used to deal with their waste has the necessary permit and keep proof of this.
For companies that wish to transport, store, treat, recover or dispose of waste themselves, they must obtain the necessary permit which will be subject to conditions and any breach of these will be rigorously enforced by the EA. Construction projects over £300,000 must carry out a site waste management plan, and businesses have extra responsibilities if dealing with hazardous waste.
Prosecution for breaches of waste regulations
Many businesses face the risk of prosecution for breaches of waste regulations. The Waste Transfer Note, for example, must include a description of the waste and be signed by both the business and the licensed transporter and copies must be kept for a minimum of two years. Equally, the onus is on the waste producing business to ensure that the waste is going to a licensed waste disposal operator and site.
There are public registers of businesses that are permitted to recycle or dispose of waste and of collection companies that take waste away. Detailed information, guidance and codes of practice are available from the EA but legal advice is highly recommended for businesses operating in this area.
Waste offences
Waste offences include the deposit, treatment, keeping or disposal of controlled waste on land which does not have an environmental permit, or in breach of conditions attached to such a permit. There are additional offences where any of these actions could cause a risk of environmental pollution or harm human health (this offence applies even where an environmental permit is not required!).
If convicted in the Magistrates court, the maximum punishment for these offences is 12 months imprisonment and/or a fine of £50,000. In the Crown court the maximum fines are up to 5 years imprisonment or an unlimited fine. These offences are more relevant to businesses (particularly those involved in waste management) than to domestic households.
The EA brought more than 400 waste-related prosecutions in 2010/11 and, in the later half of 2012, was granted court orders to recoup almost £1m from offenders through the Proceeds of Crime Act.
Is your business a good corporate citizen?
The EA states that there has to be a commitment from businesses “to act as responsible neighbours and good corporate citizens”. The key lesson for businesses is to take responsibility for compliance with every aspect of waste management and regulation and introduce best practice as part of an integrated management system.
If you are unsure about your responsibilities, or compliance with any aspect of environmental legislation, or if you are facing action for unauthorised waste activities, contact Stephensons on 01616 966 229 or complete our online enquiry form and a member of our specialist team will be in touch.