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Waste Duty of Care (The Environmental Protection Act 1990)

• To what kind of waste does the duty of care apply?

– Controlled Waste (Directive Waste) - Includes:• Household, commercial, agricultural,industrial

waste

– Not• Mines, quarries, explosives, radioisotopes

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Waste Duty of Care What is 'Waste'?

“waste" means anything that-

is waste for the purposes of the European Waste Directive i.e. any substance or object in the categories set out in Annex I (Categories of Waste) to that Directive which the holder discards or intends or is required to discard.

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Waste Duty of Care Who is the 'Producer'?

"producer" means any person whose activities produce waste ("original producer") and/or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste.

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Waste Duty of CareWho's 'duty' is it?

Anyone who»Imports Produces»Keeps Carries»Treats Disposes»Has control of

Controlled waste

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Waste Duty of Care 'Duty of Care' summary

– Prevent the illegal deposit, disposal or treatment

– Prevent waste from escaping from your control

– Transfer waste only to authorised persons.

– Transferred waste must be accompanied by a written description, sufficient to allow others to avoid committing an offence when they managing it.

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Waste Duty of Care University Non-hazardous Waste

–Solid Waste Normally deposited in appropriate containers (e.g. dustbins) on each Campus. Uplifted and disposed by a contractor.

–Liquid waste is disposed via the drain.

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Waste Duty of Care University Hazardous Waste

– Make safe prior to disposal– Special disposal routes

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Waste Duty of Care How do I discharge my Duty of Care?

1. Segregate different types of waste

2. Store the Waste Safely - secure & under control

3. Check Licensing & Registration

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Waste Duty of Care How do I discharge my Duty of Care?

4. Describe the Waste - use a transfer note for controlled waste or consignment note for special waste– quantity– how packed– type of container– description on Note and container (include

hazard information)

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Waste Duty of Care How do I discharge my Duty of Care?

5. Remain Alert to any Problems

6. Keep Relevant Records & Documents– Transfer or consignment note accompanies the

waste at all stages – 5 copies - allows all parties to retain a record – Final disposal certificate

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Waste Duty of CareThe transfer note or consignment note must show

• The quantity of waste (usually weight or volume)

• How it is packed and container type

• Name of waste producer (person in dept. that manages waste)

• Name of department that produced waste and university

• Name of waste material (do not use abbreviations)

• Type of activity from which waste was produced

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Waste Duty of Care The transfer note or consignment note must show

• The appropriate European Waste Catalogue six-figure code

• The physical form of the waste

• Details of the chemical or biological components that make the waste special

• Information about the hazardous properties that the waste possesses

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Waste Duty of Care Anticipation makes life simpler

• BEFORE beginning a new procedure (when doing the COSHH assessment) consider what waste will be produced.– Hazards– Quantities– Storage– Disposal route and cost

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Waste Duty of CareBe aware of local rules and arrangements

Departments may have local rules to ensure compliance with legislation and good practice.

•Consult with department about your waste production prior to commencing.

•Remember your duty of care applies when working outwith your own departent. Comply with local rules and procedures to allow host department to discharge its duty of care

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Waste Duty of Care

• DO PEOPLE GET CAUGHT? ….YES!!!!– Toiletries manufacturer fined £12,000 for

consigning ammonia and acid without informing contractor of contents

– Director of oil & paint company fined £12,000 for disposing of waste without licence. Company also fined £7500 . Cost of disposal was £8000.

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Waste Duty of Care

A company fined £500 for failing to pre-notify special waste & £2000 for failing to describe it.

The owner of a milk bottling business was jailed for 3 months after allowing oil to escape and pollute a stream and pond.