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compliance

Duty of Care

The legal obligation on all businesses producing waste to ensure it is managed properly from creation to final disposal. Includes using licensed carriers, describing waste accurately, and preventing escape.

The duty of care is a legal requirement under the Environmental Protection Act 1990 applying to anyone who produces, imports, keeps, stores, transports, treats, or disposes of waste. It ensures waste is managed safely and legally throughout its journey.

Duty of care requirements:

  • Use only authorised waste carriers
  • Describe waste accurately on Waste Transfer Notes
  • Prevent waste from escaping or causing pollution
  • Ensure waste goes to authorised facilities
  • Keep records and documentation

For packaging producers, duty of care applies to the management of their own commercial packaging waste and any waste generated by their operations. It is separate from EPR obligations but complementary — EPR covers the financial responsibility for consumer packaging waste, while duty of care covers the practical handling of waste at business premises. Breach of duty of care can result in penalties including unlimited fines.

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