Waste Duty of Care (The Environmental Protection Act 1990)

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Waste Duty of Care (The Environmental Protection
Act 1990)

• To what kind of waste does the duty of care
  apply?
• Controlled Waste (Directive Waste) - Includes
• Household, commercial, agricultural,industrial
  waste
• Not
• Mines, quarries, explosives, radioisotopes

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Waste Duty of Care What is 'Waste'?
waste" means anything that- is waste for the
purposes of the European Waste Directive i.e. any
substance or object in the categories set out in
Annex I (Categories of Waste) to that Directive
which the holder discards or intends or is
required to discard.
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Waste Duty of Care Who is the 'Producer'?
"producer" means any person whose activities
produce waste ("original producer") and/or any
person who carries out pre-processing, mixing or
other operations resulting in a change in the
nature or composition of this waste.
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Waste Duty of CareWho's 'duty' is it?

• Anyone who
• Imports Produces
• Keeps Carries
• Treats Disposes
• Has control of
• Controlled waste

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Waste Duty of Care 'Duty of Care' summary

• Prevent the illegal deposit, disposal or
  treatment
• Prevent waste from escaping from your control
• Transfer waste only to authorised persons.
• Transferred waste must be accompanied by a
  written description, sufficient to allow others
  to avoid committing an offence when they managing
  it.

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Waste Duty of Care University Non-hazardous
Waste

• Solid Waste Normally deposited in appropriate
  containers (e.g. dustbins) on each Campus.
  Uplifted and disposed by a contractor.
• Liquid waste is disposed via the drain.

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Waste Duty of Care University Hazardous Waste

• Make safe prior to disposal
• Special disposal routes

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Waste Duty of Care How do I discharge my Duty
of Care?

• Segregate different types of waste
• 2. Store the Waste Safely - secure under
  control
• 3. Check Licensing Registration

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Waste Duty of Care How do I discharge my Duty
of Care?

• 4. Describe the Waste - use a transfer note for
  controlled waste or consignment note for special
  waste
• quantity
• how packed
• type of container
• description on Note and container (include hazard
  information)

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Waste Duty of Care How do I discharge my Duty
of Care?

• 5. Remain Alert to any Problems
• 6. Keep Relevant Records Documents
• Transfer or consignment note accompanies the
  waste at all stages
• 5 copies - allows all parties to retain a record
• Final disposal certificate

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Waste Duty of CareThe transfer note or
consignment note must show

• The quantity of waste (usually weight or volume)
• How it is packed and container type
• Name of waste producer (person in dept. that
  manages waste)
• Name of department that produced waste and
  university
• Name of waste material (do not use
  abbreviations)
• Type of activity from which waste was produced

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Waste Duty of Care The transfer note or
consignment note must show

• The appropriate European Waste Catalogue
  six-figure code
• The physical form of the waste
• Details of the chemical or biological components
  that make the waste special
• Information about the hazardous properties that
  the waste possesses

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Waste Duty of Care Anticipation makes life
simpler

• BEFORE beginning a new procedure (when doing the
  COSHH assessment) consider what waste will be
  produced.
• Hazards
• Quantities
• Storage
• Disposal route and cost

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Waste Duty of CareBe aware of local rules and
arrangements

• Departments may have local rules to ensure
  compliance with legislation and good practice.
• Consult with department about your waste
  production prior to commencing.
• Remember your duty of care applies when working
  outwith your own departent. Comply with local
  rules and procedures to allow host department to
  discharge its duty of care

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Waste Duty of Care

• DO PEOPLE GET CAUGHT? .YES!!!!
• Toiletries manufacturer fined 12,000 for
  consigning ammonia and acid without informing
  contractor of contents
• Director of oil paint company fined 12,000 for
  disposing of waste without licence. Company also
  fined 7500 . Cost of disposal was 8000.

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Waste Duty of Care

• A company fined 500 for failing to pre-notify
  special waste 2000 for failing to describe it.
• The owner of a milk bottling business was jailed
  for 3 months after allowing oil to escape and
  pollute a stream and pond.