The duty of care requires occupiers of domestic property to take all reasonable measures available to them in the circumstances to ensure that they only transfer household waste produced on that property to an authorised person. This reduces the chance of waste ending up in the hands of those who would fly-tip it.
We may offer a fixed penalty where:
- Fly-tipped waste can be traced back to an individual who is found to have failed to take reasonable steps to ensure that they transferred the waste to an authorised person
- An unauthorised carrier is found to be carrying household waste that was directly transferred to them by the occupier of a domestic property
- An individual is found to have transferred their household waste to an unauthorised person at a site that does not have a permit or exemption.
Other penalties may apply where a resident is not using the waste receptacle correctly.
If you have additional waste, not being collected by us, you should:
- Ask the waste carrier to provide you with their full address and telephone number
- Ask to see their waste carrier licence issued by the Environment Agency or Natural Resources Wales
- Contact the Environment Agency (external link) directly on 08708 506 506 and ask for a free instant waste carrier validation check. Alternatively you can check online on the Environment Agency (external link) website.
Frequently asked questions
What does the household duty of care mean?
The duty of care means that you must take reasonable steps to ensure that anyone you give your waste to is appropriately registered to receive it.
How does it affect me?
You have a legal obligation to make sure that you use authorised individuals/companies to dispose of your waste. Failure to do so could result in a fine. Waste could include rubbish, old furniture or appliances you want to dispose of, or similar.
What reasonable measures do I need to take?
You should always check that the person/company you are using to dispose of your waste is registered. The Environment Agency (external link) has a list of all registered waste carriers on their public register or you can call them on 03708 506 506.
Why do I need to dispose of my rubbish correctly?
Unregistered waste carriers are likely to cut corners to offer their services at lower prices. They may be tempted to illegally dump or ‘fly-tip’ your waste to avoid the charges of proper disposal. Not only does this have significant consequences on pollution and the environment, but council tax payers have to fund the clear-up costs.
Surely if they dump it, then it is their fault, not mine?
If waste originating from your property is found to have been fly-tipped, you are obliged to provide details of who you gave it to so the matter can be taken up with that person directly. If you choose not to check that the person you gave your waste to was authorised to accept it, then you are partially responsible for what happens to that waste.
What happens if I use an unlicensed company?
If your rubbish is found to have been fly-tipped and you did not check if they were authorised to take your waste, you could risk a fine.
How are fines issued?
If you fail to meet your duty of care you can be taken to court and fined if found guilty. Alternatively, a fixed penalty notice can be issued by a local authority to an individual where it appears they have failed to meet their household waste duty of care. It gives the recipient the option to avoid the case going through the courts by admitting the offence and paying the fine.
How much is the fine?
The fixed penalty notice (fine) amount is £300. A lesser penalty of £120 can be made available for early payment (within 14 days of being issued with the fine).