Waste Duty of Care Certificates and why your business needs one

Every organisation in the UK that produces waste needs a Waste Duty of Care Certificate, whether it’s a café disposing of food scraps, an office clearing out old IT equipment, or a construction firm dealing with rubble and plasterboard. Most businesses don’t realise that the responsibility for that waste does not end once it leaves their premises.

Under the Environmental Protection Act 1990, Section 34, every business has a legal Duty of Care to ensure that the waste it produces is handled safely, transferred only to authorised people, and disposed of properly. Failing to comply can result in substantial fines, damage to your reputation, and even prosecution.

One of the simplest ways businesses can show they are meeting this obligation is by holding a Waste Duty of Care Certificate.

 

What is a Waste Duty of Care Certificate?

Legally, the documents businesses must keep are called Waste Transfer Notes for non-hazardous waste, and Consignment Notes for hazardous waste. These documents record important details such as:

• The type and quantity of waste produced
• Who collected it and their Environment Agency registration number
• Where the waste was taken and how it was treated or disposed of

In practice, however, many licensed waste contractors issue their customers with an annual Duty of Care Certificate. While not a legal document in itself, this certificate acts as a convenient summary of compliance. It confirms:

• Your waste contractor is a registered carrier with the Environment Agency.
• Their licence details are up to date and valid.
• Your business is fulfilling its duty by ensuring waste is collected and managed by an authorised company.

This certificate is widely recognised and can be kept alongside your Waste Transfer Notes to demonstrate compliance during inspections or audits.

 

Waste Duty of Care Certificates, Waste Transfer Notes, and Consignment Notes

The terms are often confused, but they each serve different purposes:

Waste Duty of Care Certificate – Not a legal requirement, but commonly provided by waste contractors as an annual summary of compliance. It proves your waste is being collected by a licensed carrier. Think of it as a convenient statement of assurance.

Waste Transfer Note (WTN) – A legal requirement for every transfer of non-hazardous waste (e.g. general waste, cardboard, plastics). These must include details of the waste, both parties’ signatures, and the carrier’s licence number. Businesses must keep these records for at least two years.

Consignment Note – A legal requirement for every transfer of hazardous waste (e.g. chemicals, asbestos, oils, clinical waste). They provide a full audit trail of hazardous materials and must be retained for three years.

In short:

Waste Transfer Notes and Consignment Notes are the official, legally binding records.

A Waste Duty of Care Certificate is a useful supporting document that brings everything together.

 

Why does my business need one?

1. Legal compliance

The law is clear: if you produce waste, you are responsible for it until it is finally disposed of or recovered. Keeping accurate documentation is essential. Businesses must retain Waste Transfer Notes for at least two years and hazardous waste Consignment Notes for three years. A Duty of Care certificate supports this record-keeping and provides a clear statement of compliance.

2. Protecting your business from penalties

The consequences of neglecting your Duty of Care can be severe. If your waste is found fly-tipped or handled illegally, your business can be held responsible, even if you have used a third party. Penalties include unlimited fines, prosecution, and reputational damage. Having the right paperwork in place, including your Duty of Care certificate, reduces this risk.

3. Building trust and credibility

Stakeholders, employees, and customers increasingly expect businesses to act sustainably and responsibly. Being able to show that you manage waste correctly demonstrates professionalism and ethical standards.

4. Peace of mind

Waste management can feel complicated, particularly with multiple waste streams such as food, glass, recycling, and hazardous materials. By working with a licensed contractor who provides a Duty of Care certificate, you can be confident your obligations are covered. It’s one less compliance worry on your list.

 

How do I get a Waste Duty of Care Certificate?

If you use a licensed waste contractor, they should provide this certificate as part of their service. To make sure you’re covered, you should:

• Check your waste carrier is registered with the Environment Agency.
• Ensure their registration number is included on the certificate.
• Keep the certificate and Waste Transfer Notes safely on file for the required period.
• If your contractor does not provide one, ask for it. It’s a simple but important step in demonstrating compliance.

 

A Duty of Care certificate is not just paperwork — it is proof that your business is acting responsibly, legally, and sustainably with the waste it produces. By keeping it up to date and working with a reputable contractor, you can avoid fines, protect your reputation, and gain peace of mind that your waste is being managed properly from start to finish.

 

Bristol Waste provides clients with a Duty of Care certificate, Waste Transfer Note and if relevant, a Consignment Note for hazardous waste.