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Duty of Care
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If you pay someone to take away your household rubbish or unwanted items, then to meet your Household Waste Duty of Care you must do the following:
1) Check that the person or company taking your rubbish is a registered waste carrier. You can check online by visiting naturalresources.wales/checkWaste
2) Always ask where your waste is going
If you don’t make these checks then you could receive a £300 fine. You can also be prosecuted, with an unlimited fine.
Fly-tipping Action Wales also recommends that you:
Record any checks that you make, including the operator’s registration number
Keep a receipt that includes a description of the waste and the company used
Record details of the business or vehicle (registration, make, model, colour)
KNOW YOUR DUTY OF CARE
Following your Duty of Care towards your waste protects you from being fined or prosecuted and helps to make sure that the individual or business disposing of your waste does so safely, legally, and responsibly.
HOUSEHOLDERS
You have a legal duty to check that the person taking your waste is a registered waste carrier.
If you give your waste to someone else, you must check if the person or business is registered with Natural Resources Wales.
Ask the person or business to show you proof that they are registered to carry or accept waste. Better still, confirm the details yourself by visiting naturalresources.wales/checkWaste. You should also make a note of their name (or business name), vehicle type and registration. Also record the date they took your waste away and ask them where your waste is going.
A registered waste carrier’s licence number begins with CBD and ends with 1 to 6 numbers. Legitimate and responsible waste operators will be happy to provide you with this information.
If you fail to meet your duty of care towards your household waste, you could receive a £300 fixed penalty notice (FPN) or an unlimited fine if prosecuted.
BUSINESS OWNERS
Any waste that is created from a commercial activity is classed as business waste and is subject to stricter rules than waste from householders.
For example, this could be waste produced by a factory, an office, shop, restaurant, hair salon, or someone who operates their own small or medium-sized business from their home. When disposing of business waste, you have two options:
Option 1 – Dispose of your own waste by registering as a waste carrier and taking it to an authorised site.
Option 2 – Have someone collect and dispose of it for you by employing the services of a registered waste carrier.
With either option, you must complete and retain waste documentation (known as transfer notes). An authorised officer from Natural Resources Wales or the Local Authority may require you to produce these records at any time and it is a criminal offence not to do so.
Fly-tipping Action Wales recommended that all those producing or handling waste as part of a commercial activity read the ‘Waste Duty of Care Code of Practice’ document to understand what is required of them.
LANDLORDS
As a landlord, your rental property is classed as a business and any waste material that comes from clearing or maintaining it is classed as business waste. These waste materials must be managed and disposed of safely, legally, and responsibly.
You must follow the Duty of Care towards this waste as described above for Business Owners.
It’s good practice to advise your tenant that they should dispose of their waste responsibly in line with the Local Authority guidelines, you can find further guidance for tenants under our landlord’s section.
WASTE CARRIERS
It is a criminal offence not to be not registered as a waste carrier. The maximum penalty for fly-tipping is a £50,000 fine and up to 12 months imprisonment.
For the most serious offences of fly-tipping, the fine is now unlimited and you can receive up to 5 years imprisonment.
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