Introduction to Fire Safety Management

15.6.3 Part 2: Waste on land
The EPA replaced previous controls in the Control of 
Pollution Act 1974. It introduced changes in both the 
waste management licensing system and the bodies 
responsible for waste regulation and disposal. Local 
authorities remain the key enforcement bodies, but with 
extra demands on the waste disposal industry and all 
producers or handlers of waste.
It is not possible for a producer of waste to rid 
themselves of it simply by handing it over to another. 
Anybody who carries, keeps, treats, or disposes of 
waste, or who acts as a third party and arranges matters 
such as imports or disposal must satisfy a ‘duty of care’.
This requires the duty holder to take all reasonable 
steps to keep waste safe. If waste is given to someone 
else, the duty holder must ensure that they are authorised 
to take it and can transport, recycle or dispose of it safely.
The duty of care does not apply to domestic 
householders unless the waste is from somewhere else, 
e.g. the householder’s workplace or someone else’s 
premises.

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Duty holders are required to:
➤
Stop waste escaping from their control and store it 
safely and securely to prevent pollution or harm
➤
Keep waste in a suitable container – loose waste on 
a lorry or in a skip should be covered
➤
If waste is given to someone else, the duty holder 
must check that this person is authorised to take 
the waste – see below
➤
Where waste is transferred to someone else, the 
duty holder must describe the waste in writing and 
complete, sign and retain a copy of a transfer note 
for the waste.
Authorised persons to whom waste is transferred must:
➤
Ensure they are authorised to take the waste
➤
Ensure they obtain a written description of the waste
➤
Complete and retain a copy of a transfer note for the 
waste.