Guide Guidance for property owners

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3. The Law

All businesses have a legal responsibility to dispose of their waste in an appropriate way and must be able to prove this. Using a registered waste collector is the easiest way to do this.
Some businesses may be tempted to take waste or recycling to the Devon County Council household waste recycling centre ( HWRC ). However to transport waste in your car or van you would need to
have a waste carrier licence (even for a small amount) and the HWRC do not accept commercial waste. Any businesses attempting to take commercial waste to the HWRC could face a large fine and a criminal
record. This also applies if you put commercial waste in a rubbish bin on the street. See the next page about selecting a registered waste collector.

Duty of care

All producers of waste are obliged to meet waste ‘duty of care’ requirements in England and Wales. For more information please see the waste duty of care code of practice.

Environmental Protection Act 1990

If you don’t take care of your recycling and waste responsibly, this could lead to written warnings or penalties under section 46A of the Environmental Protection Act 1990. Waste must be contained and presented in the receptacles provided.

Controlled Waste Regulations 2012

These regulations specifically identify a ‘domestic property used in the course of a business for the provision of self-catering accommodation’ as a producer of commercial waste. This commercial waste can be collected by a private licensed waste carrier / collector. It can also be collected by us on a chargeable basis (known as ‘schedule 2’). See the next page for more information.