Duty of Care Waste Rules: What They Mean for Your Business

Duty of care waste rules mean anyone who produces, carries, keeps or disposes of waste must take reasonable steps to make sure it's handled legally. That includes checking carriers are registered, describing waste accurately and keeping paperwork, and digital waste tracking makes the whole chain far easier to prove.

Last reviewed: 16 October 2026

Duty of Care Waste Rules in a Nutshell

Under section 34 of the Environmental Protection Act 1990, anyone who imports, produces, carries, keeps, treats or disposes of waste has a duty of care. In short, you must take all reasonable steps to:

prevent the waste causing pollution or harm

stop it escaping

from your control

transfer it only to someone authorised

to take it

give an accurate written description

of the waste when you transfer it

apply the waste hierarchy

preventing, reusing and recycling where you can

There is no limit to the duty. Responsibility doesn't end when the waste leaves your hands if you didn't take reasonable steps to check where it was going.

Responsibilities of Producers, Carriers and Receivers

Producers must describe their waste accurately, store it safely, and check that the carrier and destination are authorised. They can be held responsible if their waste is fly-tipped and they didn't take reasonable steps.

Carriers must be registered, carry waste safely, deliver it only to authorised sites and keep proper paperwork.

Brokers and dealers must be registered and make sure the movements they arrange are legal.

Receiving sites must only accept waste their permit allows, check what arrives matches its description, and keep records. Under digital waste tracking, they must also report each load received.

Paperwork You Must Keep

Waste transfer notes

for non-hazardous waste, including a description, EWC code, quantity and containers, the producer's SIC code, a waste hierarchy declaration, the names and addresses of both parties, the carrier's registration number, and the date and place of transfer. Keep them for at least two years.

Hazardous waste consignment notes

for hazardous waste. Keep them for at least three years.

Season tickets

can cover repeat transfers of the same waste between the same parties for up to a year.

Defra says existing paperwork continues alongside digital waste tracking until further notice.

Checking Who You Hand Waste To

A key part of the duty of care is checking that people you hand waste to are authorised:

Carriers, brokers and dealers:

check their registration on the public register in the nation where they operate.

Receiving sites:

check their environmental permit or exemption covers the waste you're sending.

Keep evidence

of your checks, such as the date and what you saw.

Re-check regularly

as registrations and permits can lapse or change.

Be wary of carriers offering prices well below the market. Cheap collections are a common sign of illegal dumping.

How Digital Waste Tracking Supports Duty of Care

Digital waste tracking creates a near real-time record of each load as it's received, and later as it's carried. That makes it much easier to show where your waste went, and much harder for rogue operators to hide.

A good waste app helps you meet the duty of care day to day: digital waste transfer notes signed on the spot, licence and permit checks before jobs are booked, photos and GPS for every collection, and a complete record ready for audit. See our duty of care audit checklist.

Frequently Asked Questions

Anyone who produces, imports, carries, keeps, treats or disposes of waste, including businesses that produce waste as part of their work.

Related

Official guidance

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