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Trade wasteAllerdale Environmental Partnership logo (Focsa)

Trade waste is waste that is generated as a result of a business operation regardless of whether the business is part of your domestic residence or not. You are liable for a charge for the removal and disposal of this waste. Trade waste is also known as commercial waste or business waste and is legally referred to as ‘controlled waste’.

As part of our environmental partnership with FCC Environment (UK) Ltd, Allerdale Borough Council offers competitively priced trade waste services to local businesses. 

Trade waste legislation

Under the Environmental Protection Act 1990, all businesses (including those operating from home), have a legal responsibility to safely contain and legally dispose of any waste produced from their business. The local authority may issue you with a fixed penalty notice of £300 or take action in the Magistrates Court with a maximum fine of £5,000 if you fail to comply with the legislation.

The law applies to all types of business, no matter how small they are, what type of waste they create or how much. Waste is considered as anything that is no longer required such as:

• Old mail
• Cleaning products
• Food eaten on your premises
• Cardboard, plastics, sweepings
• Ashtray waste
• Damaged goods that cannot be returned.

It is illegal to take waste from businesses home and place it in your domestic bin, or take it to a household waste recycling centre.

Duty of care

Duty of care was introduced under section 34 and 47 of the Environmental Protection Act 1990. Under this legislation, businesses must:

• Ensure all waste is properly and securely stored
• Ensure that all waste is collected and disposed of by a licensed waste carrier
• Ensure that all waste transfers are documented by waste transfer notes
• Ensure that copies of waste transfer notes are retained for two years.

You can check with the Environment Agency if a contractor is licensed to carry controlled waste.

Waste transfer notes

It is a requirement for commercial waste producers to have a waste transfer note, detailing:

• The name and address of the business which created the waste
• The name, address and Environment Agency registration number of the person or company collecting their waste
• The type and quantity of waste to be removed, including a European Waste Catalogue number
• The type and number of containers
• The date and time of waste transfer.

If you want to claim that some part of the waste is not trade waste, or exempted for another reason, this must also be stated on the document.

If you recycle your waste it still needs to be legally documented with your chosen waste contractor and recorded on a waste transfer note or some form of receipt showing: where you disposed of the waste (location), how much there was (weight), when it was disposed of (date).

Customers of Allerdale Borough Council's trade waste service receive a free Duty of Care waste transfer note as part of their contract.

Waste carrier's licences

Businesses that work in construction, demolition, improvements, etc must obtain a Waste Carrier's Licence from the Environment Agency, to ensure they can legally transport and dispose of their waste. If you are a builder, plumber, electrician, gardener etc, you must make sure your waste arrangements are legal.

Chargeable household waste

Central Government legislation requires that the council applies reduced charges to what are commonly called chargeable household customers. Chargeable household waste is generated by specific business types, such as caravan and camp sites, charities, hospitals, prisons and educational establishments.

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Contact us

0303 123 1702

Allerdale Borough Council
Allerdale House, Workington, Cumbria,
CA14 3YJ