The Agricultural Waste Regulations came into force in May 2006. How these regulations will affect your business will depend upon the type and scale of your business. The regulations affect whether or not you can burn, bury, store, use your waste on farm, or send it elsewhere to be dealt with.

You can store your waste, securely for up to 12 months and then;

• Take the waste to a recovery or disposal site yourself
• Give the waste to someone else who is licensed to dispose of it or transport it for disposal. In this case you have a Duty of Care and need to complete a transfer note and keep a copy for your records
• Obtain a Waste Management Licence (WML) or a Pollution Prevention and Control (PPC) Permit

What is the duty of care?

The Duty of Care is set out in section 34 of the Environmental Protection Act 1990 and associated regulations. It applies to anyone who is the holder of controlled waste.

Persons concerned with controlled waste must ensure that the waste is managed properly, recovered or disposed of safely, does not cause harm to human health or pollution of the environment and is only transferred to someone who is authorized to receive it. The duty applies to any person who produces, imports, carries, keeps, treats or disposes of controlled waste or as a broker has control of such waste.

What are the penalties under the duty of care?

Breach of the Duty of Care is an offence, with a penalty of up to £5000 on summary conviction or an unlimited fine on conviction on indictment.

Duty of Care essential information

Rules Explained and Summarized

Rules on use of tyres in agriculture

Any collection or transporting of waste by Advantage Waste Brokers Limited is subject to Advantage Waste Brokers Limited's Standard Terms and Conditions of Sale/Purchase - September 2009 and Advantage Waste Brokers Ltd compliance scheme supplementary membership rules and guidance.