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2.9.5 Waste transport and disposal

Wastes shall be disposed in accordance with the national relevant legislation and may impose duty of care on persons concerned with controlled and special waste. The duty should apply to any person who produces, imports, carries, keeps, treats or disposes of controlled or hazardous waste, or to a broker who has control of such waste. It requires that anyone who has a responsibility for controlled or hazardous waste ensures that it is managed properly and recovered or disposed safely. Under the duty of care, there are four main requirements:

  1. To prevent any other person committing the offences of depositing, disposing or recovering controlled (or special) waste without a waste management licence, contrary to the conditions of a licence, or in a manner likely to cause environmental pollution or harm to health. This will be achieved by:
    • The use of a reputable waste disposal contractor appropriately registered for disposal operations;
    • Verification that the waste management licence permits the disposal operation to be undertaken;
    • Conducting an audit trail on the disposal operation.
  2. To prevent the escape of waste. This will be achieved by:
    • The use of appropriate transport containers;
    • Each container (sealed drum or closed skip) will be labelled in accordance with national and European regulations of dangerous goods.
  3. To ensure that, if the waste is transferred, it goes only to an authorised person, or, to a person for authorised transport purposes.
  4. This will be achieved by:
    • The use of a reputable waste disposal contractor who is a registered waste carrier;
    • Verification of the validity and currency of the waste carrier registration;
    • Conducting an audit trail on the disposal operation.
  5. When the waste is transferred, to ensure that there is also transferred a written description of the waste, a description good enough to enable each person receiving it to avoid committing any of the offences under (1) above and to comply with the duty at (2) above to prevent escape of waste.

This is achieved by raising a consignment note for each consignment of liquid or solid waste that is disposed. Written information regarding treatment should be contained on or with the Duty of Care transfer note.