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Your responsibilities as a waste producer

Definition of commercial waste

The definition of 'commercial waste' is any waste from a premises used wholly or mainly for a trade or business or the purposes of sport, recreation or entertainment, excluding household and industrial waste.  The Waste Control Regulations 1992 provides that waste from some non-domestic waste premises should be classed as household waste, for which the waste collection authority may make a charge for collection.  These establishments include:

  • Waste from premises occupied by a charity and wholly or mainly used for charitable purposes
  • Waste from premises occupied mainly or wholly for the purpose of religious worship (churches, mosques, synagogues, temples etc)
  • Waste from premises forming part of a university or school or other educational establishment
  • Premises forming part of a hospital or nursing home

In the above cases, there are special tariffs applied to the waste collection service provided by AWCS and you should contact the Commercial Waste Team for further details.

Business Rates and Waste Collection

The Business Rates that are paid for your premises are collected by the local council on behalf of central government, and do not pay for your refuse to be collected and disposed of by the Council.  Business rates are calculated on the area occupied by the business and not on the amount of waste produced. The domestic refuse and recycling services operated by the Council, including bring sites, are supported by Council Tax payments and as such are not available for business use.

Your Duty of Care

All producers of commercial waste are subject to the duty of care provisions as outlined in the Environmental Protection Act 1990, Section 34

ENVIRONMENTAL PROTECTION ACT 1990, Section 34

As a commercial waste producer you have a duty to ensure that your waste is:

  • Securely stored in a suitable container.
  • Transferred to a person authorised to take, transport, recycle or dispose of it safely.  Any such person transferring and/ or receiving controlled waste must complete and retain, for a period of two years, records of the waste and the parties involved in the transfer in the form of a Waste Transfer Note.  An authorised person will either be a licensed waste carrier or licensed waste facility.  It is your responsibility to ensure that the carrier or facility that you transfer the waste to has a valid licence in force.  You can check using the public register on the Environment Agency's website or if you are unsure you can check by calling the Compliance Unit at Adur & Worthing Council Services.  It is important to note that as a local authority operator, AWCS is exempt from the need to have a waste carriers licence.  All customers using AWCS are provided with waste transfer notes included within the cost of the service provided.
  • Persons carrying their own waste to a disposal point do not need to hold a waste carriers licence, provided that the waste is not construction or demolition waste.  A waste transfer note is still required from the disposal facility.  Businesses in the building trade should ordinarily obtain a waste carriers licence or avoid carrying waste at any time.