Draft Business Waste Strategy PDF - london.gov.uk - Greater ...

Making waste work in London The Mayor’s Draft Business Waste Management Strategy Mayor of London 99
4E Avoiding fines
Introduction
4.72 Failure to comply with environmental legislation can potentially result
in court action, fines and in some cases imprisonment. In 2006, the
Environment Agency prosecuted 380 businesses for environmental
damage resulting in total fines of £3.5 million that averaged £11,800
per business, compared to a total of £2.7 million and an average of
£8,600 in 2005 219 . Five of the top ten fines were for illegal
waste activities 220 .
4.73 Many businesses, particularly small businesses, have poor knowledge
of their environmental obligations and are failing to take the sustained
action needed to reduce their environmental impact. A City and Guilds
survey 221 of 600 employees in small manufacturing businesses found
that 46 per cent of those in management roles were unaware of the
environmental laws affecting their business, with one in seven not
knowing that the company could be fined for failing to comply with
environmental regulations.
Fly-tipping and the Duty of Care
4.74 Fly-tipping impacts badly on London’s image and costs local authorities in
London almost £1 million every month to clear up 222 . The Environment
Agency estimates that 15 per cent of fly-tipping incidents are business
waste, particularly construction waste, which accounts for about one fifth
of fly-tipped waste 223 .
4.75 Businesses have a legal duty to ensure that any waste they produce is
handled safely and within the law. This is the Duty of Care. Businesses
must check that an authorised waste carrier is collecting their waste.
If a business does not check that their waste carrier is authorised and
their waste is illegally disposed of, the business could be held responsible.
4.76 One of the aims of the Duty of Care legislation is to prevent waste
producers simply handing their waste over to anyone prepared to take
it away, without giving consideration to where it is going and whether
it will be dealt with properly. Businesses need to be made aware of their
responsibilities so that they are able to comply and business support
organisations, particularly those advising start-up businesses, should
be equipped to provide relevant information. The Environment Agency
manage an online register of authorised waste carriers to enable
businesses to check their waste carrier is legal. London’s businesses
should use the Environment Agency’s register of authorised waste carriers
to ensure they are using a registered business to collect their waste and
keeping transfer note records in good order to facilitate inspection.