Waste, rubbish or recyclable material that is created by a business or commercial operation is called trade waste. It can be from a shop, office, factory or any other trade or business. If you run your business from home the waste generated as a result of business activities is trade waste.
Trade Waste cannot be put out for collection with the household rubbish or recycling or any of the Neighbourhood Recycling Centres. These facilities are funded through the Council Tax and are for household rubbish and recycling only. Some Household Waste Recycling Centres do accept trade waste for a charge. Follow this link to the West Sussex County Council web site for more information
If you are responsible for producing, keeping, transporting, recycling, recovering or disposing of waste then you need to check if the following legislation applies to you:
- Waste Regulations 2011 - For more information visit the Environment Agency website.
Duty of Care
The ’Duty of Care’ legislation applies to everyone involved in handling waste from the person who produces it to the person that disposes of it. It is your responsibility to ensure that the person who takes your waste is authorised (registered with the Environment Agency) to do so, that they take it to a proper site and that waste transfer notes are completed. If your waste is found to be fly-tipped then you could be fined.
For more information go to the Environment Agency website.
NetRegs provides free guidance for businesses in the UK on how to comply with environmental legislation http://netregs.gov.uk
Trade Waste Collections
All businesses need to arrange for their waste to be collected by a company or person that holds a Waste Carrier’s Licence with the Environment Agency as a registered waste carrier. This is known as a Trade Waste Agreement. This is a contract between the business and the registered waste carrier to remove the waste from their premises and be taken to a transfer station obtaining a Waste Transfer note (which is a receipt for the disposal of that waste).
A list of registered waste carriers can be found at: http://www2.environment-agency.gov.uk/epr/index.asp or by calling the Environment Agency on 08708 506 506
The cost of collecting and disposing of trade waste is not included in the business rates because the amount and type of waste generated by individual businesses can be very different.
Biffa, acting as agents for Arun District Council, offer a trade waste disposal and recycling service for a charge. For more information please contact Biffa on 0800 601 601.
Other trade waste service providers can be found on the internet or in the phone book.
The recycle at work database provided by the Waste Resources Action Programme (WRAP) http://recycleatwork.wrap.org.uk/ is a searchable database of recycling service providers for small businesses (SMEs).
Three transfer stations in the county that can accept trade waste and recycling - Burgess Hill, Westhampnett and Crawley (recyclables only). For more information on prices go to the West Sussex County Council web site.
Trade Waste Agreements
It is an offence not to have a Trade Waste Agreement (an arranged waste collection) if you produce any waste from your business. If you do not have a Trade Waste Agreement then you should make immediate arrangements for the collection or transfer of all your trade waste. These documents should be kept for 2 years as can be requested at any time, this is a legal requirement for your business to show how your waste is being disposed of.
Under Environmental Protection Act 1990 and Regulations made under it,failure of a business to prove that the waste it produces is being disposed of responsibly through the submission of a Waste Transfer Note will result in a Fixed Penalty Notice or the beginning of Court Proceedings.
The legislation is being enforced by an authorised officer from Arun District Council. They will arrange to visit premises to view Waste Transfer Notes.
Failure to show the correct Waste Transfer Notes when requested by an authorised officer from Arun District Council will result in a Fixed Penalty Notice of £300.
Should a business continue to fail to comply with requirements this may result in legal action being taken. This can lead to an unlimited fine.
If your business waste is found to be illegally dumped anywhere, you could be prosecuted and on summary conviction, could face a fine of up to £50,000 and/or up to five years imprisonment.
If your waste is collected by an illegal carrier then it is more likely to be Fly-Tipped. If you know of any illegal carriers operating, any illegally dumping, or are approached by one offering a trade waste collection service, please contact:
Arun Direct 01903 737754 or email@example.com
To find a licensed waste collector visit the Environment Agency web site.