Legislation

General outline

What is the duty of care?

The duty of care aims to make sure your waste doesn't cause any environmental problems or end up being fly tipped. If you produce waste you have a legal 'Duty of care' to see that it doesn't cause problems.

There are some simple rules you must follow when you give your waste to someone else (like a waste contractor or a waste recycling/disposal site). Make sure;

• The person/company are authorised to take your waste;
• A waste transfer note is completed, you must keep a copy of this for two years;
• The waste is contained so it can't leak or blow away.

What do you have to do?

The Duty of care applies to all the waste you produce on your farm and any waste you bring onto your farm. To comply with Duty of Care you will have to:

1. Store waste securely.

This means that all the areas and containers where waste is stored must be secure so that the waste cannot leak or blow away.

2. Pass your waste to a Person/Company authorised to take it.

When you pass your waste to someone else, make sure they're authorised to take it. There are several different types of people who are authorised to take waste. For example:

- A waste contractor (waste carrier) is authorised to collect your waste if they have a valid upper or lower tier carrier registration.

- A waste site is authorised to accept your waste if they have an environmental permit that allows them to take your waste, or they have registered a waste exemption that allows them to take your waste.

You can check if someone is authorised by asking to see their:
- Waste carrier registration;
- Lower tier registration letter;
- Exemption registration letter;
- Environmental permit.

3. A waste transfer note must be completed.

When a waste contractor collects your waste, or you take your waste to a recycling or disposal site, you must complete a waste transfer note.

What is a waste transfer note?

A transfer note is like a receipt and it is proof you passed your waste onto an authorised person. By law waste transfer notes must be signed by you and the person who takes your waste and must be kept for two years. Transfer notes must contain certain information including:

- A description of the waste.
- The name and address of both parties transferring the waste.

For repeated transfers, provided the description of the waste and all the circumstances remain the same, a 'Season Ticket' can be produced. A season ticket is a single transfer note which can last up to 12 months and cover all the transfers in that time.

Animal health products Hazardous medicines 18 02 07* Infectious swabs and dressings, infected animal health care wastes 18 02 02* Non-hazardous medicines 18 02 08 Other non-infectious swabs and dressings etc. 18 02 03 Unused syringes, used syringes (not infectious) 18 02 01

Other farm specific waste Agrochemical wastes containing dangerous substances, for example sheep dip, pesticides 02 01 08* Agrochemical wastes not containing dangerous substances for example some fertilisers 02 01 09 Plastics (non-packaging), mulch film and crop cover, silage plastic, other horticultural plastics, tree guards, greenhouse and tunnel film 02 01 04 Waste metal (non-packaging) for example fencing wires 02 01 10

Building waste - from construction or demolition Asbestos (including cement sheet asbestos) 17 06 05* Glass for example window glass 17 02 02 Mixed concrete, bricks, and tiles, and ceramics 17 01 07 Plasterboard/gypsum, arising from construction and demolition 17 08 02 Waste soil and stones arising from construction and demolition 17 05 04 Wood, also scrap wood (for example fencing posts, telegraph poles) 17 02 01

Other general wastes Discarded electrical equipment containing CFC's for example fridge 16 02 11* Fluorescent light tubes 20 01 21* Halogenated organic solvents 14 06 02* Miscellaneous cardboard and paper separated for example office paper fax, printer paper 20 01 01 Paint (non-hazardous) 20 01 28 Waste from a portable toilet 16 10 02 Wiping cloths, protective clothing not contaminated with dangerous substances 15 02 03

*refers to wastes which can be either hazardous waste or non-hazardous wastes depending on the level of contaminants in them.

Vehicle and machinery waste Brake fluids 16 01 13* Brake pads (containing asbestos) 16 01 11* Brake pads (no Asbestos) 16 01 11* Fuel oil and diesel 13 07 01* Petrol 13 07 02* Lead/acid batteries 16 06 01* Mineral based non-chlorinated hydraulic oils 13 01 10* Mineral based non-chlorinated waste engine, gear and lubricating oils 13 02 05* Most anti-freeze 16 01 14* Oil filters 16 01 07* Redundant vehicles and machinery (depolluted**) 16 01 06 Redundant vehicles and machinery (not depolluted) 16 01 04*

Waste packaging materials (for example paper, cardboard, plastic, wood and metal). Contaminated agrochemical containers and packaging, oil containers 15 01 10* Empty gas cylinders containing dangerous substances 15 01 11* Clean metal agrochemical containers, empty oil drums, empty paint tins, empty aerosol cans 15 01 04 Clean paper and cardboard packaging, agrochemical bags, animal feed bags, animal health packaging, cores for silage sheet, silage wrap boxes and seed bags 15 01 01 Clean plastic agrochemical packaging, animal feed bags, animal health packaging, fertiliser bags, miscellaneous packaging, seed bags, bale twine and net wrap, cores for silage wrap 15 01 02 Wood - Wooden pallets, crates 15 01 03

*Refers to waste which can be either hazardous or non-hazardous wastes depending on the level of contaminants in them.

**depolluted means the hazardous and polluting components for example oils, brake fluid, batteries etc. have been removed from the vehicle.

Moving your own waste

You need to fill an exemption form from NRW as previously for Lower tier carrier.