Waste Management: The waste land

Sound familiar? Perhaps this sums up the way in which your organisation regards the problems of waste. And do you, as a facilities manager, regard waste management as a hassle you could do without?

The reality is that managing waste is a key responsibility for all organisations and no longer can a blasé attitude be tolerated. Environmental issues are climbing fast up the corporate agenda and organisations must be seen to be acting responsibly in safeguarding the environment.

The government-enforced Code of Practice on the duty of care applies to all waste producers and handlers and failure to comply is a breach both of the code itself and the Environmental Protection Act 1990.

The duty of care is a law that says 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. The duty of care applies to anyone who produces or imports, keeps or stores, transports, treats or disposes of waste. It also applies if you act as a broker and arrange these things.

Waste can be divided into different categories, the main two being controlled waste and special waste. Controlled waste is household, commercial or industrial waste. Waste can be solid or liquid, scrap metal or even a scrap car. Waste does not have to be hazardous or toxic to be controlled waste.

Reasonable steps
The duty of care requires that you take all reasonable steps to fulfil the duty and complete some paperwork (see factfile).

If you have waste, you must prevent it from escaping from your control and stop it from causing pollution or harm. Before passing waste to someone else, you must establish that they have the authority to take it. The law stipulates that waste must only be passed to an authorised person. In addition, you must describe the waste in writing and fill in and sign a transfer note for it. The transfer note must include the following :

• what the waste is and how much there is
  
• what sort of containers it is in
  
• the exact time and the date that the waste was transferred
  
• where the transfer took place
  
• the names and addresses of both persons involved in the transfer
  
• whether the person transferring the waste is the importer or the producer of the waste
  
• details of which category of authorised person each one is
  
• if either or both parties is a registered waste carrier, the certificate number and Environment Agency that issued it
  
• the waste management licence number and the Environment Agency issuing it if either or both persons have such a licence
  
• any reasons for any exemptions for registering for a licence
  
• name and address of any broker involved
  
• written description of the waste in sufficient detail to enable people to handle the waste safely.

Copies of all transfer notes must be kept by both parties for two years. A copy of the transfer note must be made available to the Environment Agency if it is requested. Repeated transfers of the same kind of waste between the same parties can be covered by one transfer note for up to a year, for example weekly collections from office complexes or shops. If you suspect someone is breaking the law, you should not give waste to them, but contact the Environment Agency or the Scottish Environment Protection Agency.

Need more info?
Free copies of the DETR leaflet on the Duty of Care are available from:
The Department of the Environment, Transport and the Regions, DETR Free Literature, PO Box No 236, Wetherby, LS23 7NB Tel: 0870 1226236.

Pat Perry is managing director at consultants Perry Scott Nash Associates. Tel: 01438 745 771 Fax: 01438 745 772 Email: p.perry@perryscottnash.co.uk Website: perryscottnash.co.uk