Commercial waste

If you run a business in Dumfries and Galloway, you must take all reasonable steps to separate the following materials for recycling:

• paper
• cardboard
• plastic (bottles, pots, punnets, tubs and trays)
• metals (cans and tins)

This responsibility comes from Waste (Scotland) Regulations 2012.

Duty of care

All businesses and organisations must meet the requirements set out in this duty of care.

What a duty of care is

Under Section 34 of the Environmental Protection Act 1990, any business, not-for-profit organisation, or public sector body has a legal requirement to store, present, and dispose of their waste in a responsible manner. This responsibility is referred to as a 'duty of care'. A full guide on the duties that must be complied with by anyone who produces, keeps, imports or manages controlled waste (household, industrial or commercial waste) in Scotland can be found on the Scottish Government  website, Duty of care: code of practice for managing controlled waste.

What happens if you do not comply with your duty of care

Waste (Scotland) Regulations 2012 amendments to Section 34 of the Environmental Protection Act (1990) set out three main offences applicable to waste producers under their Duty of Care requirements.

• failing to take all reasonable steps to ensure the separate collection of dry recyclable waste ie, glass, metals, plastics, paper, or cardboard
• failing to take all reasonable steps to ensure the separate collection of food waste produced by a food business in non-rural areas
• failing to ensure that food waste is not deposited in a public drain or sewer, or in a drain or sewer that connects to a public drain or sewer in non-rural areas

Any person who fails without reasonable excuse to comply with the duties imposed above shall be liable:

(a) on summary conviction, to a fine not exceeding the statutory maximum (£10,000).

(b) on conviction on indictment, to an unlimited fine.

Enforcement of waste legislation

Local authorities and the Scottish Environment Protection Agency are responsible for enforcing duty of care requirements. Both bodies are authorised to issue fixed penalty notices on businesses or organisations who are in breach of these regulations.

How to ensure you are compliant

Ensure your waste contractor has issued your business or organisation with a waste transfer note which outlines the type of waste you dispose of the containers used to store this, and the frequency of your collections. You must keep this important document for 2 years, as you may be asked to produce this as proof of responsible waste disposal. If you are a Dumfries and Galloway council commercial waste customer, you will receive your waste transfer note with your invoice each financial year. Make sure this document is up to date by advising the commercial waste team of any changes.

If you are unsure whether your business or organisation is compliant with the Waste (Scotland) Regulations 2012 and your cuty of care responsibilities, you can book a no obligation waste compliance visit with our commercial waste team. We can offer advice and work with you to provide your business with a tailored waste management system that meets your needs.

To get more information, or to set up a waste contract with us, email CommercialWaste@dumgal.gov.uk.