If your business produces any type of controlled waste you must comply with the Waste duty of care: code of practice (GOV.UK).
Controlled waste is classed as household, commercial or industrial waste. It can be from a:
- house
- shop
- school
- office
- residential home
- factory
- office
- any other trade or business
The duty of care applies to anyone who keeps, imports, stores, transports, treats or disposes of waste. It also applies if you act as a broker and arrange any of these things.
The information on this page is only an introduction to the duty of care - it cannot be relied on as legal advice. More information is available on the Environment Agency website, or call them on 03708 506 506.
Simpler recycling - workplaces (businesses and non-domestic premises)
You must also comply with new government regulations in respect of separate recycling and food waste collections. The changes must be in place by 31 March 2025 (for businesses and non-domestic premises with 10 or more employees) and by 31 March 2027 (for businesses and non-domestic premises with less than 10 employees).
Introduction
As you may be aware, new government regulations mean that there are changes to the way business and non-domestic waste is collected. Businesses and non-domestic premises (with 10 or more employees) will need to have separate recycling collections and separate food waste collections in place by 31 March 2025. Smaller businesses and non-domestic premises (with less than 10 full time employees) are temporarily exempt from the regulations until 31 March 2027.
Key dates
By 31 March 2025, all workplaces (businesses and non-domestic properties) with 10 or more Full Time Equivalent (FTE) employees must comply with the 'Simpler recycling’ regulations. Micro-firms (workplaces with less than 10 FTE employees), will have until 31 March 2027 to comply.
What is the definition of a micro-firm?
Micro-firms are business and non-domestic properties with less than 10 full time employees in total. This relates to the number of FTE employees in the overall enterprise, rather than at specific premises. Volunteers are not included in determining the number of FTE employees.
What materials do businesses have to collect separately?
Businesses will need to separate the following groups of recyclable materials:
- glass, metal and plastic
- cardboard and paper
- food waste as a dedicated collection
There is no minimum food waste weight before the new regulations apply.
Paper and card must by default be collected separately from other dry recyclable waste streams, unless it is not technically or economically practicable, or there is no significant environmental benefit to doing so. If choosing to co-collect paper and card with other dry recyclables, your waste collection company will need to produce a short written assessment to confirm this.
Who should I contact to set up a collection?
If you already have a waste collection contract in place, your current supplier should contact you regarding the changes.
These upcoming changes mean that waste collection companies need to provide services that comply with the new regulations to ensure that your waste contract will be valid in law, or the contract they hold with you could become void. It’s likely they’re already preparing for this, and they may already be reviewing or finalising new systems. Speak to your provider to find out how the changes they’re planning will affect you.
If you don’t have a waste collection contract in place currently you will need to arrange one. The internet is a good place to start looking for options but remember to ensure that any company you approach is a registered waste carrier - visit the Waste Carriers, Brokers and Dealers (data.gov.uk) website to check.
Where can I find further information and guidance?
Visit the Business of Recycling | WRAP website for further information. The website also contains free resources such as case studies, templates and posters, as well as specific advice for different business sectors.
Commercial waste FAQs
What is the duty of care?
The duty of care is a law which says that you must take all reasonable steps to keep waste safe. If you give waste to someone else you must be sure that they are authorised to take it and can transport, recycle or dispose of it safely. If you break this law, you can be fined an unlimited amount.
Working at private households
If your business carries out work in private households (building or gardening, for example), any waste you produce is classed as business waste and you must treat it as such.
Home-based businesses
If your business is home-based, any waste you produce from your business activities is classed as business waste. You must keep it separate from your household waste and treat it as business waste.
Is the cost of waste collection included in my Business Rates?
Waste collection is not included in Business Rates.
You should contact a waste management company to arrange for the collection and disposal of their waste. Alternatively, we can arrange a collection service for businesses. You will be charged for this service at the market rate for that service at the time of the request plus a 10% administration charge.
Can I use the household waste and recycling centres or street litter bins to dispose of my waste?
No, these are for the disposal of household waste only.
Business and commercial waste is not permitted at any of the sites. If you take your business waste to any of these sites then you are not complying with the legal requirements of your duty of care.
Who has authority to take waste?
Most carriers of waste have to be registered with the Environment Agency.
To be sure you're giving waste to a registered carrier, look at the carrier’s certificate of registration or check with the Environment Agency. Some certificates of registration are only valid for certain kinds of waste or certain activities. Check that it covers your type of waste.
What must I do to comply with the duty of care?
You must:
- store and transport your waste appropriately and securely so that it does not escape
- check that your waste is transported and handled by people or businesses that are authorised to do so. If a waste carrier takes your waste away, you may also need to check that the site it is taken to is authorised to accept it
- complete waste transfer notes to document all waste you transfer (your waste management company may do this on your behalf) and keep them as a record for at least two years
What do I do if I suspect something's wrong?
If you suspect that someone is breaking the law do not give waste to them or take waste from them.
Tell the Environment Agency or email us: environment@rutland.gov.uk.
What do I need to be aware of as a householder using a waste?
If you're a householder and you are passing waste on to someone who is not the local council, you are now under an obligation to check that the person you are handing your waste to is authorised to take it. If you are not sure whether someone is authorised you can check with the Environment Agency.
Waste management companies
We've put together a list of waste management companies. The list is to help you find a suitable provider - we do not recommend that you must use one of these companies.
If you would like to list your service, email: environment@rutland.gov.uk
Waste services operating in Rutland
Skip services operating in Rutland
Landfill sites around Rutland
- Augean Landfill
- Bullimores Sand & Gravel Ltd - landfill site for inert waste
- FCC Environment - Colsterworth landfill site