The Law On The Duty Of Care

The duty of care is set out in section 34 of the 1990 Environmental Act. Those subject to the duty must try to achieve the following four things:-

(a) To prevent any other person committing the offences of depositing, disposing of or recovering controlled waste without a waste management licence; contrary to the conditions of a licence; or in a manner likely to cause environmental pollution or harm to health.

(b) To prevent the escape of waste, that is, to contain it;

(c) To ensure that, if the waste is transferred, it goes only to an “authorised person” or to a person for “authorised transport purposes”.

(d) When waste is transferred, to make sure that there is also transferred a written description of the waste, a description good enough to enable each person receiving it to avoid committing any of the offences under (a) above; and to comply with the duty at (b) above to prevent the escape of waste.

Those subject to the duty must also comply with the 1991 Regulations which require them to keep records and make them available to the Agencies.

Failing to observe the duty of care or the 1991 Regulations is a criminal offence.

Offences and penalties

Breach of the duty of care is a criminal offence. It is an offence irrespective of whether or not there has been any other breach of the law or any resulting environmental pollution or harm to human wellbeing. The offence is punishable by a fine of up to £5,000 on summary conviction or an unlimited fine on conviction on indictment.

Tardis Environmental adheres to all relevant laws under the 1990 Environmental Act ensuring that we are a safe and responsible contract. Duty of care is paramount to us; we are also safe contractor approved and ISO accredited so you know that when you come to Tardis your waste will be handled in the correct manor and will disposed of legally.

For all you wet waste removal needs such as Hazardous waste removal, septic tank emptying, or toilet block tank emptying be sure to come to us. We also provide the hire of portable toilets. Water bowsers & Waste Tanks.

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