Choose Wisely

The Importance of Choosing a Licensed Waste Carrier: Your Legal Duty of Care

When disposing of waste, whether as a homeowner or a business, it's crucial to ensure you're using a licensed waste carrier. Failure to do so could result in severe legal and financial consequences. Here's what you need to know to protect yourself and the environment.

1. Always Verify a Waste Carrier's Licence

Before allowing any waste carrier to collect your waste, make sure they hold a valid Waste Carrier's Licence issued by Cyfoeth Naturiol Cymru / Natural Resources Wales (NRW). If they cannot provide proof of their licence upon collection, do not let them take your waste.

Your waste is YOUR legal responsibility.

2. Keep a Record of Payment for Waste Collection

You need a traceable record to which can provide a traceable record. If your waste is illegally dumped, a digital payment trail can help authorities trace the waste carrier responsible.

3. Keep Records of All Communications

Maintain detailed records of all communications with the waste carrier, including:

• Emails

• Text messages

• WhatsApp messages

Having these records can be crucial if issues arise later.

4. Document the Collection Process

Take precautions to protect yourself by:

• Using doorbell cameras or CCTV to record the waste being collected.

• Recording the vehicle registration number of the waste carrier's vehicle. Authorities can use this information to trace the current keeper.

5. Obtain a Waste Transfer Note

A Waste Transfer Note is a legal document that must include:

• A description of the waste being removed.

• The disposal location.

• The waste carrier's name, contact details, and Waste Carrier Licence number.

• The date of the collection.

Without this document, you could be held liable if your waste is disposed of illegally.

6. Legal Consequences of Using Unlicensed Waste Carriers

Both homeowners and businesses have a legal duty of care under Section 34 of the Environmental Protection Act 1990. Failing to comply can lead to:

• Criminal record

• Unlimited fines

• Prosecution costs

• Waste removal and land remediation expenses

• Victim surcharge payments

For businesses, the court may consider using an unauthorised waste carrier as an attempt to cut costs, which can aggravate sentencing.

7. Enforcement Actions Against Unlicensed Waste Carriers

Authorities conduct regular stop checks in collaboration with South Wales Police to identify and seize vehicles involved in illegal waste transportation. Vehicles seized may be:

• Sold or destroyed under a court-granted Disposal Order.

Additionally, enforcement actions can include:

• Reporting offenders to partner agencies such as the Department for Work and Pensions (DWP), His Majesty's Revenue and Customs (HMRC), and the Welsh Revenue Authority (WRA).

• Applying for Criminal Behaviour Orders (CBOs) to prevent further offences.

• Pursuing proceeds of crime under the Proceeds of Crime Act 2002 (POCA), including:

  • Confiscation of money and goods.

  • Account freezing orders.

  • Cash seizures.

  • Investigation of money laundering.

NRW and local authorities also use drones to capture aerial evidence of illegal waste sites, helping to demonstrate the scale of offences to the courts.

In Conclusion

Protect yourself by ensuring you only use licensed waste carriers, pay digitally, and keep comprehensive records of your waste disposal. Your diligence not only prevents legal trouble but also contributes to a cleaner, safer environment for all.

For more information, visit Natural Resources Wales' official website or contact your local waste management authorities.

Stay compliant. Stay responsible.