Waste Carriage

The carriage of waste is regulated by the Control of Pollution (Amendment) Act 1989. This Act makes it a criminal offence to transport waste as part of any business, or with a view to profit, to or from any place in Great Britain without being a Registered Waste Carrier.

The purpose of regulating this activity is to reduce the amount of waste that is disposed of illegally, particularly by fly tipping, through seeking to ensure that only fit and proper people are involved in the transport of waste. It also provides for a system to trace the movement of waste, which is vital when investigating incidents of illegal waste disposal.

Registered Waste Carrier

The Environment Agency is responsible for the administration of the registration scheme nationally and within Solihull. Businesses and individuals alike are subject to the Act, and the current fee for registering is £140 for three years. Convictions for some offences, particularly those relating to the environment, may disqualify a person from being a Registered Waste Carrier.

The Environment Agency can be contacted on 08708 506 506 and further information can be found on the NetRegs site.

Exemptions

The only exemption to the registration requirement is if you transport waste that you have generated yourself, and that it is not construction or demolition waste.

Waste Transfer

It is an offence to transfer waste to someone that is not an authorised person, which means they must be either a Registered Waste Carrier or a site licenced to accept waste. Businesses and householders are therefore under a duty to ensure that they only transfer waste to an authorised person. When arranging for any waste to be collected, other than through the Council, they should:

• Ask the contractor if they are a Registered Waste Carrier, and for their registration number
• Confirm that they are registered with the Environment Agency by telephone on 08708 506 506, or online at www.environment-agency.gov.uk/publicregister
• Record details of the contractor; their name, address, telephone number and the registration number of their vehicle

If the contractor is not a Registered Waste Carrier, report them to Environmental Health by telephoning 0121 704 8369, or by email at environmentalhealth@solihull.gov.uk

Enforcement

The Council's environmental health officers enforce this Act within Solihull. Proactive exercises regularly take place and vehicles that appear to be transporting waste are stopped and searched. Drivers that do not have a copy of their own, or their employers Waste Carriers Registration are served a notice to produce it within twenty one days. Those that do not produce it are liable to prosecution, or to a fixed penalty set at £300.

The Environment Agency also carries out similar exercises throughout England and Wales.

Duty of Care

Registered Waste Carriers are subject to an extensive duty of care. This requires that they document each transfer of waste to and from them, in the form of Waste Transfer Notes and Written Descriptions. A single Waste Transfer Note may cover multiple transfers of waste between the same parties, of waste of the same description, for up to a year. All Waste Transfer Notes and Written Descriptions must be kept for a period of two years.

Offences

Under S.1 of the Control of Pollution (Amendment) Act 1989 it is an offence to transport waste without being a Registered Waste Carrier. The maximum penalty upon summary conviction is £5,000.

Under S.34 of the Environmental Protection Act 1990, it is an offence to transfer waste to someone that is not an authorised person, which means they must be either a Registered Waste Carrier or a site licenced to accept waste. The maximum penalty upon summary conviction is £5,000 or an unlimited fine upon indictment.

Under S.34 of the Environmental Protection Act 1990, it is an offence to not exchange Waste Transfer Notes and Written Descriptions upon the transfer of waste. The maximum penalty upon summary conviction is £5,000, or an unlimited fine upon indictment.

Further Information

For further information contact Environmental Health on 0121 704 6833, or email environmentalhealth@solihull.gov.uk