Duty of Care and Duty of Care Waste Transfer Note
The Environmental Protection Act 1990 ('EPA') places a duty of care on the producer of waste. The law requires that waste producers take all reasonable steps to ensure that waste is managed in an authorised manner. The waste producer must ensure the waste is properly contained and does not escape from their control and is only transferred to an authorised person with a written description of the waste on a Duty of Care Waste Transfer Note. For the purposes of this Contract the Customer is the Waste Producer under the EPA.
The Customer warrants that the Duty of Care Waste Transfer Note contains an accurate and adequate description of the nature and characteristics of the waste material. The Customer also warrants that the Council is advised at all times of the composition of the waste material prior to collection. The Customer must complete, sign and return the Duty of Care Waste Transfer Note before the Contract commences.
The written description of the waste material in the Duty of Care Waste Transfer Note must contain sufficient information to enable safe and legal handling, recovery or disposal. It must also contain reference to the appropriate six-digit code in the European Waste Catalogue. The Duty of Care Waste Transfer Note must also show the quantity of the waste material and how it is contained.
Where there are regular collections of the waste material and the description remains unchanged a Duty of Care Waste Transfer Note can be valid for up to one year.
The signed copy of each Duty of Care Waste Transfer Note must be retained by the Customer for two years after the date of the last collection specified in the Duty of Care Waste Transfer Note and must be shown, on request to an authorised person.