Following your Duty of Care towards your waste protects you from being fined or prosecuted and helps to make sure that the individual or business disposing of your waste do so safely, legally and responsibly.
You have a legal duty to check that the person taking your waste is a registered waste carrier.
If you give your waste to someone else, you must check the person or business is registered with Natural Resources Wales.
Ask the person or business to show you proof that they are registered to carry or accept waste. Better still, confirm the details yourself by visiting naturalresources.wales/checkWaste. You should also make a note of their name (or business name), vehicle type and registration. Also record the date they took your waste away and ask them where your waste is going.
A registered waste carrier's licence number begins with CBD and ends with 1 to 6 numbers. Legitimate and responsible waste operators will be happy to provide you with this information.
If you fail to meet your duty of care towards your household waste, you could receive a £300 fixed penalty notice (FPN) or an unlimited fine if prosecuted.
Any waste that is created from a commercial activity is classed as business waste and is subject to stricter rules than waste from householders.
For example, this could be waste produced by a factory, an office, shop, restaurant, hair salon or someone who operates their own small or medium sized business from their home.
When disposing of business waste, you have two options:
Option 1 - Dispose of your own waste by registering as a waste carrier and taking it to an authorised site.
Option 2 - Have someone collect and dispose of it for you by employing the services of a registered waste carrier.
With either option, you must complete and retain waste documentation (known as transfer notes). An authorised officer from Natural Resources Wales or the Local Authority may require you to produce these records at any time and it is a criminal offence not to do so.
Fly-tipping Action Wales recommended that all those producing or handling waste as part of a commercial activity read the 'Waste Duty of Care Code of Practice' document to understand what is required of them.
As a landlord, your rental property is classed as a business and any waste material that comes from clearing or maintaining it is classed as business waste. These waste materials must be managed and disposed of safely, legally and responsibly.
You must follow the Duty of Care towards this waste as described above for Business Owners.
It’s good practice to advise your tenant that they should dispose of their waste responsibly in line with the Local Authority guidelines, you can find further guidance for tenants under our landlords section.
Any waste from clearing or maintaining your property must be taken to a waste facility that is authorised to accept that type of waste. Check with your Local Authority if they have facilities that you can use.
If you carry waste or scrap metal as part of your business you may need to register as a Waste Carrier with Natural Resources Wales. There is a two-tier system for registration based on the level of risk to the environment.
The Natural Resources Wales website will help you decide whether you need to register, and if so, which level of registration is right for you. Visit naturalresources.wales and search ‘waste carrier’. You can register online or contact Natural Resources Wales for further information on 0300 065 3000.
Carrying waste without being a registered as a Waste Carrier Licence could lead to prosecution and an unlimited fine.
You must only take waste to a licensed site. These sites require that you are a registered Waste Carrier and have the appropriate waste documentation.
You will also need to make sure you complete a waste document, like a transfer note, for every load of waste you pass to others. This can be a hard copy or via the Electronic Duty of Care (EDoC) system. Waste documentation should be kept for at least 2 years. For hazardous waste the documentation should be kept for a minimum of 6 years.
Anyone who collects scrap metal must also have a collectors licence with their Local Authority and have a copy on display in their vehicle. This allows you to operate as a collector in the area of the issuing Local Authority. A separate licence has to be obtained from each Local Authority you wish to operate in.
It is a criminal offence not to be registered if needed. To find out more information on the application and fee, you must contact your Local Authority.
The maximum penalty for fly-tipping is a £50,000 fine and up to 12 months imprisonment.
For the most serious offences of fly-tipping, the fine is now unlimited and you can receive up to 5 years imprisonment.