Waste Transfer Notes - Duty of Care

Waste Notes
A Waste Transfer Note (WTN) or more accurately a Duty of Care Controlled Waste Transfer Note is a document that must be completed when waste is transferred from one party to another. If a waste transfer note is not completed during the transfer of a controlled waster you are almost certainly breaking the law.

From 28 September 2011, a waste transfer note must include:
A declaration that you have applied the waste management hierarchy, which means the transferor must consider reusing or recycling the waste before deciding to dispose of it. See Waste Management Hierarchy.

The 2007 Standard Industrial Classification (SIC) code of the person transferring the waste - find SIC codes on the Companies House website.

If the waste is hazardous (hazardous waste includes everyday objects such a fluorescent tubes) you may need to complete a Hazardous Waste Consignment note (HWCN) or in Scotland a Special Waste Consignment Note (SWCN). In addition to transport or handle the waste you may require a waste carriers licence, a waste handling or waste disposal licence, a pollution prevention and control permit or be exempt from licencing or registration. Licences are issued by the Environment Agency (EA) or in Scotland the Scottish Environment Protection Agency (SEPA).

Duty of Care
A legal Duty of Care applies to everyone involved in handling waste. This includes everyone from the person who produces the waste through to the person who finally disposes of, or recovers it.

To fulfil your Duty of Care:

Keep your waste secure
Store wastes in suitable containers or places which will prevent unauthorised access and prevent it from escaping from your control, e.g. becoming windblown or leaking out and causing pollution.

Transporting waste
If someone transports your waste:
Check that the person or company removing or transporting your waste is a registered waste carrier and is authorised to take your waste. You can do this by:
Checking the Environment Agency public register
Telephoning the Environment Agency 0845 603 3113
Asking the person or company to show you their waste carriers certificate.
If they cannot prove they are a registered waste carrier do not give them your waste.

Transporting your own waste:
If you are transporting your own waste to a site for disposal or recovery - check the site is authorised to take your waste. You can do this by checking Environment Agency public register and asking the operator of the site to show you their exemption registration or environmental permit.

Transporting waste for others:
When you take waste from someone else you must be sure the law allows you to take it. Make sure the person giving you the waste describes it in writing. A waste transfer note must be filled in and signed by both parties. You must keep a copy of the transfer note for a minimum of two years.
For more information on registering as a waste carrier click here.

Waste transfer notes
When you pass your waste onto a waste carrier or to a waste management/disposal site you must give the person a duty of care waste transfer note. You must keep a copy of the waste transfer note for a minimum of two years.

Controlled waste transfer notes are used to keep a record of the waste when it is transported, to ensure it is not dumped illegally or that illegal or hazardous substances are not disguised as some other material. Any material not treated correctly can be traced back to the producer using the paper trail provided by Duty of Care Controlled Waste Transfer Notes.

A Controlled Waste Transfer Note is a document which must be completed and accompany any transfer of waste between different parties. A Controlled Waste Transfer Note must be created for each load of waste that leaves your factory/office/yard/shop/warehouse/etc.

Ensure that description of the waste on documentation is accurate and describes the waste by reference to the appropriate 6 digit code/s in the European Waste Catalogue (EWC). The new name for the EWC is the List of Wastes (LoW). The LoW provides a more precise method of identifying the type of waste by listing waste types according to the process or industries from which they arise. The requirement to refer to the code is contained in the Landfill Regulations 2002 and also the Landfill (England and Wales) (Amendment) Regulations 2005. Non-specific terms such as 'general waste' or 'inert waste' are not acceptable. The purpose of the description is to allow other people who handle the waste to know what they are dealing with so that they can manage it safely and properly.

Please visit “Waste Management, The Duty of Care, A Code of Practice" for further details on your duty of care. This pdf document explains exactly how you can fulfil your duty of care.

This is only an introduction to the duty of care. It cannot be relied on as legal advice.
Practical guidance is in “Waste Management, The Duty of Care, A Code of Practice”, ISBN 0-11-753210-X, published by the Stationery Office and available from their bookshops or by telephoning 0870 600 5522.