Commercial Waste: Duty of Care Transfer Notice


In accordance with Section 34 of the Environmental Protection Act 1990 - Environmental Protection (Duty of Care) Regulations 1991 – Commercial Waste
Malvern Hills District Council would like to draw your attention to the above regulations that impose upon both yourself as the producer of waste, and ourselves as carriers of waste, a Duty Of Care. A summary of the Duty of Care has been reproduced below.
The Duty of Care requires you to:

  1. Provide safe storage of waste in containers that are robust/secure enough to prevent spillage, waste blowing away or being scavenged, especially when left outside premises awaiting collection.
  2. Ensure that waste is disposed of only by an authorised contractor. Malvern Hills District Council, acting as the Waste Collection Authority, is a registered waste carrier. If you use an alternative contractor you must ensure that person is registered as a carrier by seeing his registration certificate.
  3. Prevent any other person committing an offence by disposing of your waste either without a licence or in a manner likely to cause pollution or harm to health.
  4. Provide a written description of the waste sufficient to prevent its mismanagement by the receiver. The European Waste Classification (EWC) requires each waste type to be assigned a separate 6 digit code. There are 20 categories and over 800 sub-categories, however, most of the waste collected will be Municipal and will be included within the codes contained on the form. If you are unable to identify your waste type, please contact us for advice.
  5. Hazardous Waste: We are not able to collect items such as televisions, computer screens, fluorescent tubes, plasterboard, microwave ovens and other electrical goods that may contain hazardous components.
  6. Complete an online transfer note for all waste transferred onwards, i.e. to the collectors.
  7. Keep all records (including Transfer Notes) for at least three years and provide copies if requested by any waste regulation authority.

For a property having a regular collection of the same type of waste, this Transfer Note will cover collections for one year from the dates specified on the Transfer Note. If the type of waste or any other details related to the collection alter in any way a new transfer note must be completed.