Your responsibilities as a business

If you have a business in Newham you must pay for your waste collection, either through Newham Council or through an authorised private contractor. The cost of commercial waste collection is not included in your business rates.

What is 'Duty of Care'?

The Environmental Protection Act (1990) imposed a duty of care on all businesses that are involved with the production and handling of waste to ensure that the waste coming from their premises is adequately stored, and correctly transported and disposed of.

Businesses have a duty of care to provide a valid waste transfer note from a waste carrier licensed by the Environment Agency. When entering into an agreement to have your waste collected you need to ensure that you are provided with a waste transfer note.

Council Enforcement Officers may require businesses to provide waste transfer notes covering the last two years.

Any business that produces waste must take steps to ensure that:

• Waste on their premises is safely contained in appropriate receptacles
• Steps are taken to prevent waste spilling or blowing away, and clean up any that does
• Waste is transferred to a registered waste carrier
• A waste transfer note is completed and jointly signed with the person/ organisation who is carrying the waste
• The waste transfer note must describe the type of waste, how it is contained and how much of it there is
• The waste hierarchy must be applied before the transfer takes place and recorded on the waste transfer note
• The waste transfer note must be kept for a minimum of two years
  
  Failure to comply with the above duties entails a business shall be liable for prosecution under section 34 (5) and (6) of the Environmental Protection Act 1990.

Presenting your waste

• All waste including cardboard should be correctly contained. If your chosen contractor provides you with a bin or bags, all waste should be contained within them

• The bin lid must be closed with no waste left at the side or on the top of the bin
• Cardboard must be contained within a bin or bag, as advised by your provider
• Do not leave uncontained excess waste, including cardboard, on the street
• Do not overfill your bin or leave any uncontained excess waste next to or on top of your bin

Do not present more waste that is specified in your trade waste agreement. If you do, you are putting out waste that you have not paid for. Excess waste will be investigated and you may receive an £80 fixed penalty notice or face prosecution leading to a fine of up to £2,500.

Waste should only be placed out on the street at the specified time according to your trade waste agreement with your chosen contractor. If your business is within one of the designated timed waste collection areas you must also comply with this scheme. We have already written to all businesses affected by this scheme.