Duty of Care: Our Responsibilities as Producers of Waste

What is Duty of Care?

The Government wants to ensure that producers of waste take responsibility for ensuring their waste is managed without harm to human health or to the environment.

An effective duty of care and waste carrier/broker regime (waste controls) can help to ensure waste is dealt with properly leading to a reduction in waste crime and fly-tipping.

The Duty of Care is set out in section 34 of the Environmental Protection Act 1990 and associated regulations. It applies to anyone who is the holder of controlled waste, in our case this is the University of Leicester including every individual who is a part of the University, staff and students alike.

Persons concerned with controlled waste must ensure that the waste is managed properly, recovered or disposed of safely, does not cause harm to human health or pollution of the environment and is only transferred to someone who is authorised to receive it. The duty applies to any person who produces, imports, carries, keeps, treats or disposes of controlled waste or as a broker has control of such waste.

Failure Could Cost Money!

Failure to comply with the duty of care regulations can result in a fine of up to £5000 or on conviction and indictment the fine is unlimited. This basically means that everything, from putting batteries in a landfill bin to fly-tipping (dumping waste in a site that is not licensed to hold waste) is punishable by up to a £5000 fine for each separate offence.