Duty of Care
UK businesses produce over 75million tonnes per annum of commercial and industrial
waste, and as a waste producer you have certain obligations under the Environmental
Protection Act 1990 to ensure it is properly controlled and managed.
The Duty of Care Regulations 1991 place a duty upon producers, importers, carriers
and disposers of controlled waste to:
- prevent unauthorised disposal of waste
- prevent the escape of waste
- provide a written waste transfer note
- provide an accurate written description including the six digit European Waste Catalogue
Authorised persons for the purposes of the Duty of Care are:
- registered waste carriers or those entitled to exemption under Registration of Carriers
and Seizure of Vehicle Regulations 1991
- holders of a permit, waste management licence or waste management licence exemption
- the waste producer (when transferring their own waste – except construction
or demolition waste).
A waste transfer note must be passed between each holder of the waste; this may
also include the written waste description, and can be valid for up to one year
for regular waste transfers. The transfer note must be kept for a minimum of two
years after the transfer and contain the following information:
- the identity of the waste and the EWC code
- the quantity of waste and how the waste is contained
- names, addresses and signatures of the transferor and transferee
- place and date of transfer.
The written description of the waste should be sufficient for the next holder to
deal with the waste without breaching the provisions of the Environmental Protection
Act 1990, namely Section 33 – that deals with unlawful deposit of waste.
The penalties for failing to comply with these legal requirements are severe so
it is essential to use a waste management company you can trust.
Ash Waste Services can help you ensure that you are fully compliant with the law.
A contract with Ash Waste Services means that you can be completely confident that
your Duty of Care obligations are being fully met. We are committed to helping you
make sure that you are equipped to meet legislative requirements and prepared for
increasing environmental challenges.
What is TEEP?
‘Technically, Environmentally and Economically Practicable’ with reference to the separate collection of wastes destined for recovery operations.
What is the Necessity Test?
It is an examination of the quantity and quality of recycling. For each material being collected, waste producers have to ask themselves if separate collection is necessary to facilitate or improve recovery.
Where does the term TEEP originate?
The EU revised Waste Framework Directive (r-WFD)3, which was transposed into law through the Waste (England and Wales) Regulations 2011.
Article 10 of the r-WFD deals with waste recovery and states "Member States shall take the necessary measures to ensure that waste undergoes recovery in accordance with Articles 4 and 13" [paragraph 1], and
"Where necessary to comply with paragraph 1 and to facilitate or improve recovery, waste shall be collected separately if technically, environmentally and economically practicable and shall not be mixed with other waste or other material with different properties" [paragraph 2].
(Article 4 of the r-WFD sets out the Waste Hierarchy which is to be applied to all waste management activities, while Article 13 requires that, "Member States shall take the necessary measures to ensure that waste management is carried out without endangering human health, without harming the environment…")
So what does all that mean?
Waste should be collected as separate fractions if:
- There is an added positive environmental benefit or a reduced negative environmental impact versus collecting non-separated waste, and
- The financial cost of collecting separated fractions is comparable to or better than collecting non-separated waste, and
- It is technically practicable to do so using a system that is proven to function (= tried and tested collection system)
All subject to the principal of proportionality and carried out so that the quantity and quality of material collected is optimised.
Who decides if a collection system is TEEP compliant?
The waste producer is obligated to ensure that their waste is managed appropriately; they can seek guidance from a third party but cannot pass on the responsibility to anybody else.
I am not sure if I should have my waste collected as separate fractions or mixed; who enforces TEEP?
Your waste collection company should be able to provide you with the costs for both options and the waste producer should decide what option is most suitable. The waste regulations route map may help local authorities that collect waste to understand their legal obligation. The Regulations will be enforced - as part of the Environmental Permitting (England and Wales) Regulations - by the Environment Agency.
Are separate collections better than a mixed collection?
This question can be answered only on a case-by-case basis as separate and mixed collections both have a number of benefits and problems, which will also be dependent on the facilities available in any given geographical area.
Do I need to collect waste separately to comply with TEEP?
No. European Commission guidance5 states, “[c]onsidering that the aim of separate collection is high quality recycling, the introduction of a separate collection system is not necessary if the aim of high quality recycling can be achieved just as well with a form of co-mingled collection.”
Our the MRF’s ASH use TEEP compliant?
Yes. We believe that the quality of recycling achieved by our collection system and subsequent separation is as good as could be achieved if the same materials were to be collected as separate fractions, and that the quantity of recycling is at least as high as would be achieved with separate collections. In addition, by collecting several materials at the same time we are reducing the number of collection vehicles required and therefore our collections will have a lower environmental and economic impact.
Does TEEP apply to me?
Yes, TEEP applies to all commercial (business) and municipal (household) waste.
What waste items does TEEP apply to?
Only paper, metal, plastic and glass have been explicitly named in the r-WFD as requiring to be collected as separate fractions - if this is necessary to improve recycling quality and quantity.
When does TEEP start?
From 1st January 2015.
An example: A customer wants to recycle say Cardboard because they believe they have lots of it in the current bin, you say ok the cost of an extra bin is say £0.20per day rental, and £4per lift, they say well does this reduce my current General waste bin, you say yes by £1per lift as we still have to come to site and lift the bin, the weight saved is minimal. In this example, the total cost difference is greater than the current system, due to a second bin the extra or separate collections required etc, thus if the customer says they want to stay as they are they can, and totally comply with TEEP because the cost is greater than the current cost and there is no environmental benefit as we recover the material via our MRF, therefore its deemed under TEEP to not be economically beneficial.