ENVIRONMENTAL CODE OF PRACTICE
The Duty Of Care
The most significant piece of waste legislation that affects all
marine companies is the Environment Protection Act 1990 and the
"Duty of Care", which applies to anyone who is the holder of
controlled wastes (household, commercial and industrial
waste). All marine companies should be conversant with the
provision of the duty of care regulations, and make sure that their
waste goes to an authorised disposal contractor. The Table
below provides general and practical advice.
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The impact of the Environmental Protection Act 1990 and the
requirement to comply with the duty of care cannot be
underestimated. It affects waste producers, carriers and disposers
and requires everyone to be aware of the nature and quantities of
wastes, the legal status of the carrier used and the authority of
the disposer to receive and deal with the waste. Whether or not a
waste stream is hazardous, it is important that the waste producer
is aware of its composition in order to describe it accurately on
the duty of care transfer note. Failure to describe a waste
accurately is a criminal offence and can create risks at the
disposal site where, if incorrectly described, a waste may be mixed
with other, incompatible substances, leading to a hazardous
chemical reaction.
Additional guidance for landlords
If you are responsible for the collection of waste produced by
tenants on your site we suggest that you follow the action points
given below. Although your tenants, as producers of the waste, are
responsible for it under the Duty of Care, you should make sure
that you know what types of waste they are producing. You can then
ensure that you are providing the correct types of waste
receptacles and are accurately filling in the information on your
transfer note. The following steps are recommended:
1. Insert a clause in tenancy agreements requiring tenants to
provide you with a written statement of the types of waste that
they produce. You can then ensure that you are providing
appropriate waste receptacles to satisfy the duty of care
2. Label waste receptacles clearly and make information available
to tenants and other individuals who may use such facilities (e.g.
boat owners undertaking DIY) as to what can be placed in such
receptacles
3. Remember that the waste will be disposed of via your receptacles
and you will be signing a transfer note for it. It is in your
interests to ensure that you can show that you have
taken reasonable measures to provide the correct waste receptacles
and that the information which you provide in the transfer note is
accurate
Government policy
Successive governments have sent clear messages to all waste
producers about the need to reduce the amount of waste generated
and manage more effectively those wastes which are produced. This
message is based on one of the overall objectives of waste
management, which is to make business accountable for both its
economic and environmental costs – known as the ‘Polluter Pays
Principle’. An overview of the Government’s waste management
strategy for England and Wales can be viewed on the DEFRA website
and the Scottish strategy can be viewed on the SEPA Website