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Waste and Recycling

Commercial Waste: Duty of Care Transfer Notice

In this section you will find the following information:
In this section
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.

In addition to the above, our General Terms and Conditions are below.

We offer to provide a collection service at the charges invoiced and on the following conditions: -

    1. You to provide a satisfactory site on the premises to accommodate the wheeled bin(s).
    2. That the site is in a position of reasonable access to the vehicle and operatives.
    3. If the bin is not in a position of reasonable access or is unable to be lifted, you will still be charged for the collection and will be charged for an extra collection if the crew are required to return to collect the waste.
    4. The hirer agrees to indemnify the Council against any damage or loss of Council owned wheeled bin(s).
    5. The hirer shall not allow the wheeled bin(s) to be overfilled (the lids must close), nor the contents to catch fire. There is a weight limit for each bin which can be found on the front lip of the bin or on our website.
    6. The hirer shall not allow wheeled bin(s) to be filled with offal, bones, skin etc.
    7. The hirer shall be responsible for the cleaning of the wheeled bin(s).
    8. The hirer agrees to comply with the Environmental Protection Act 1990 and will ensure that poisonous or hazardous waste is not placed into wheeled bin(s) or commercial waste sacks.
    9. No side waste to wheeled bin(s) will be collected unless contained in MHDC commercial waste sacks that are available from the offices noted at the end of this agreement. All side waste that is not in MHDC commercial waste sacks will be left on the hirer’s premises.
    10. The hirer agrees to pay the Council quarterly in advance for commercial waste wheeled bin(s) at the price scheduled below which will be reviewed from time to time and alternatives notifies to you in writing.
    11. Upon receipt of invoice payment must be made within 14 days.  Failure to do so will result in non-collection of bin or removal.  Charges will continue to apply until payment is received.
    12. Termination of contract must be given in writing three months in advance.
    13. Changes to quantity of bins, sizes of bins or frequency of collections require three months’ notice and will apply from the next invoicing period.