Household waste duty of care

If you wouldn't fly tip, don't give your waste to someone who will.

Want to check the waste register?

You can check an operator's Waste Carriers Licence by calling the Environment Agency on 03706 506 506 or by searching the operator's name on the Register of Waste Carriers, Brokers and Dealers (opens new window).

Fly-tipping blights our communities and green spaces and is therefore one of the issues that the council receives the most complaints about. This illegal activity is extremely bad for the environment, and it is often linked to other forms of criminality and antisocial behaviour.

The 'Unlawful deposit of Waste', commonly known as fly-tipping, usually occurs when waste has been transferred by a householder or business to an unscrupulous person, who accepts payment for waste removal services, but then illegally dumps the waste.

Not only does this have the obvious consequences of pollution and environmental damage, but the Council Tax payer has to fund the clear-up costs of waste dumped on public land, and landowners have to bear this cost themselves if waste is fly-tipped on private land.

Commercial waste operators cannot dispose of waste for free at the council's Household waste Recycling Centres. This means that they need to pay to dispose of it at a commercial waste disposal site, so fly-tipping is a way that illegal waste operators can avoid these costs and undercut legitimate operators.

Although it is always our primary intention to enforce against the person(s) who have unlawfully dumped waste, this does not mean that the person who produced and passed the waste on does not have legal responsibilities when it comes to preventing fly-tipping.

If household waste is removed from a home by a third party (other than the local authority), householders have a duty to make reasonable checks that the third party they are employing is authorised or registered to remove the waste - this responsibility is known as the Household Waste Duty of Care.

By making these duty of care checks, householders can reduce the chance of waste ending up in the hands of those who would fly-tip it.
 

What do I need to do to make sure I do not break the law when passing my waste on to a third-party (other than the council)?

As the householder, you need to ensure that the waste carrier you are engaging is registered with and authorised by the Environment Agency to transport waste during their business activities, also known as having a 'Waste Carriers Licence'.

When a carrier is transporting waste from a third party, this licence needs to be categorised as 'Upper-Tier'. Any legitimate waste carrier will gladly show you their licence to prove they are legitimate and therefore you should be immediately concerned if they show any hesitation in producing their licence.

An example of how a Waste Carriers License should look:

You can check the validity of an operator's Waste Carriers Licence by calling the Environment Agency on 03706 506 506 or by searching the operator's name on the Register of Waste Carriers, Brokers and Dealers (opens new window).

You should also ask about where the waste remover intends to dispose of your household waste, remembering that commercial waste operators need to use commercial waste disposal sites. Therefore, it is not sufficient for them to suggest they are taking your household waste to the 'free council tip' or our Household Waste Recycling Centres at Pallion (Sunderland) and Campground (Wrekenton). Only householders disposing of their own waste can use these sites.

If a suggestion is made that your waste would be taken to a 'private site' or 'lock-up' for storage, an allotment, or is going to be burnt, this will almost certainly be illegal. You should immediately cancel the transaction and then report the waste carrier to the council's Neighbourhood Enforcement Team by calling 0191 520 5550.

If your waste is found to have been fly-tipped, it is not usually a defence to state that the waste remover approached you first offering their services, that you did not record their company name or contact details, or that you forgot to ask about their authority or license to carry waste.
 

Surely if they dump it, then it is their fault, not mine?

If waste originating from your property is found to have been fly-tipped, you are obliged to provide details of who you gave it to, so that the matter can be taken up with that person directly.

If you did not check that the person that you gave your waste to was authorised to accept it, and you can't provide this information when asked, then you may be prosecuted and run the risk of an unlimited fine and a criminal record.
 

How can I prevent my waste being disposed of incorrectly by a rogue waste carrier?

If you are considering arranging for someone to collect any waste from your household, always carry out the following checks:

1. Don't be afraid to ask questions - you have a duty of care to take reasonable steps to prevent someone else dumping your waste unlawfully. Always ask a carrier what exactly is going to happen to your waste and seek evidence that it is going to be disposed of appropriately. A legitimate, professional waste carrier who wants your business should not object to being asked reasonable questions.
2. Ask for details of their waste carrier registration - if you are using a waste carrier to remove household, garden or construction waste you can check if they are registered waste carriers by searching the Environment Agency's public register of waste carriers.
3. Record the vehicle registration numbers of any vehicle used by a private waste carrier to take your waste away. The waste carrier may be less likely to illegally dump your waste if he is aware that his vehicle registration and details has been recorded and that he can be traced. If waste is found dumped illegally and traced back to you, investigators will have more information with which to trace the culprits; the more information that can be provided, the greater the probability of us being able to tackle those responsible.
4. Ask for a proper invoice and receipt. Never pay cash. A legitimate waste carrier will be happy to accept card payments.
5. Never accept unsolicited offers to have waste taken away.
6. Get more than one quote and expect to pay a reasonable fee - the fees that legitimate waste carriers have to pay to dispose of waste that they collect are not cheap. An unusually low quote, or an offer to take rubbish away for free in order to profit from any scrap metal that may be among it, should be treated with suspicion.
7. Remember - always ask for their waste carrier number and if in doubt check their details with the Environment Agency - it is you that could face an unlimited fine if you do not and your waste ends up dumped illegally.
    

What can happen to me if I am found to have failed in my duty of care, by passing my waste on to an unauthorised person?

You may be issued with a Fixed Penalty Notice (FPN). The FPN for failing in your responsibilities to ensure that you have employed an authorised waste carrier is set at £250 (reduced to £200 if paid within 10 days).

On Prosecution, the maximum penalty for falling to ensure that waste is passed onto an authorised person, is an unlimited fine, contrary to S.34(2A) Environmental Protection Act 1990.

Remember: You can book a FREE council bulky waste collection or visit a Household Waste Recycling Centres (HWRCs) at Pallion (Sunderland) and Campground (Wrekenton) for FREE. For more information and to book a slot, please visit: www.sunderland.gov.uk/bulky-waste.

PLEASE NOTE: none of the information displayed on this page relates to businesses or organisations who may fail in their duty of care responsibilities in managing and disposing of their waste. Find out more about managing and disposing business waste.