Business Waste Management Duties

Section 34 of the Environmental Protection Act 1990 imposes a duty of care on every person who produces, imports, carries, keeps, treats, or disposes of controlled waste — which includes almost all commercial and industrial waste. The duty requires you to take all reasonable steps to prevent the illegal disposal, treatment, or keeping of waste; to prevent the escape of waste from your control; and to ensure that waste is only transferred to authorised persons.

In practical terms, this means: storing waste safely in suitable containers so it cannot escape, be accessed by scavengers, or cause nuisance; segregating waste where different waste streams (recyclable, general, hazardous) need separate handling; and not mixing hazardous waste with non-hazardous waste. The duty applies throughout the waste chain — even if you hand waste to a licensed carrier, you remain liable if you knew or suspected the carrier would handle it unlawfully.

Every time non-hazardous waste is transferred, a waste transfer note (WTN) must be completed and signed by both parties. The WTN must describe the waste (using waste codes where applicable), state the quantity, identify the transferor and transferee, and confirm the authorisation of the carrier and the disposal facility. A season ticket (a single WTN covering all transfers between the same parties over up to 12 months) can be used for regular transfers of the same type of waste.

Before transferring waste, check that your carrier is registered with the Environment Agency's public register of waste carriers, brokers, and dealers (available online). Using an unregistered carrier — even inadvertently — is a breach of the duty of care. Fly-tipped waste can be traced back to the original producer, who may face prosecution even if they paid someone else to dispose of it. Keep WTNs for at least two years and hazardous waste consignment notes for at least three years.

Hazardous waste — waste that is harmful to human health or the environment due to its toxic, corrosive, flammable, or other dangerous properties — is subject to stricter controls. Common examples include fluorescent light tubes, batteries, electrical equipment (WEEE), solvents, pesticides, and asbestos. Hazardous waste must be segregated from non-hazardous waste, stored in suitable labelled containers, and transferred only to a licensed hazardous waste carrier and disposal facility.

The transfer of hazardous waste requires a hazardous waste consignment note (not a standard WTN). In England, premises that produce more than 500kg of hazardous waste per year were previously required to register as a hazardous waste producer — this requirement was removed in 2016, but the consignment note requirement remains. If in doubt about whether your waste is hazardous, the Environment Agency's waste classification guidance and the European Waste Catalogue provide the relevant codes. Environmental permits may be required for storage of large quantities of hazardous waste on-site.

The Environment Act 2021 and subsequent regulations are rolling out a series of waste and recycling reforms for businesses in England. The most significant for workplaces is the Simpler Recycling for businesses and non-household premises requirement, which came into force for medium and large businesses (10 or more employees) on 31 March 2025. From that date, covered businesses must separate their dry recycling streams — paper and card, plastic, glass, and metals must be collected separately from residual waste.

Micro-businesses (fewer than 10 employees) have a later compliance date of 31 March 2027. The obligation applies to all non-household premises in England, including offices, shops, warehouses, hospitality premises, and construction sites. Businesses do not need to separate each recyclable stream into individual containers — co-mingled dry recycling (all dry recyclables in one bin) is permitted, provided it is separate from food waste and residual waste.

Food waste separation is also a requirement under the reforms. Businesses producing 5kg or more of food waste per week must arrange for it to be collected separately by an authorised waste carrier for treatment at an appropriate facility (anaerobic digestion or composting) — it cannot be combined with general waste. This requirement was extended from large to smaller food businesses in stages from 2024. Failure to comply with the separate collection requirements is an offence under the Environmental Protection Act 1990, and the Environment Agency and local authorities have enforcement powers including fixed penalty notices and prosecution.