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a guide to improving your local environment - Keep Britain Tidy

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www.encams.org<br />

Environmental Protection Act 1990, s.34(1)(c)<br />

Any person requiring the removal of waste must ensure<br />

that the person removing it is either from a <strong>local</strong><br />

authority or a licensed waste collection company.<br />

It is a legal requirement <strong>to</strong> provide a written description<br />

of the waste <strong>to</strong> the person who removes it. A transfer<br />

note must also be filled in and signed by both persons<br />

involved in the transfer. This should indicate the quantity<br />

and type of materials in the waste.<br />

The composition of the waste or the activity that produces<br />

it may also be necessary as part of the description.<br />

Repeated transfer of the same kind of waste can be<br />

covered by one transfer note for up <strong>to</strong> a year.<br />

WASTE<br />

Any unexpected or unusual additions <strong>to</strong> the waste must<br />

be notified <strong>to</strong> the waste remover so that they can dispose<br />

of it in an appropriate way. If the waste being produced is<br />

hazardous, such as chemicals or drugs, it is a legal<br />

requirement <strong>to</strong> ensure that the person removing the<br />

waste is aware of the potential risks and can dispose of<br />

the waste properly. The Duty of Care on Waste Code of<br />

Practice explains this more fully and further information<br />

can be found via http://www.<strong>environment</strong>-agency.gov.uk<br />

Environmental Protection Act 1990, s.47(2)<br />

The <strong>local</strong> authority can specify the type and number of<br />

waste receptacles needed <strong>to</strong> contain commercial waste<br />

and avoid nuisance <strong>to</strong> others. Fines for not complying are<br />

up <strong>to</strong> £1,000, or a Fixed Penalty Notice may be issued.<br />

Environmental Protection Act 1990, s.93(1) & s.94(4)<br />

If there is a litter problem related <strong>to</strong> particular kinds of<br />

commercial premises, such as takeaway restaurants,<br />

cinemas, sports centres etc., then the <strong>local</strong> authority has<br />

powers <strong>to</strong> serve Street Litter Control Notices.<br />

The <strong>local</strong> authority has the powers <strong>to</strong> require businesses<br />

<strong>to</strong> clean the area in front of their premises, provide and<br />

empty bins and do anything else which may be necessary<br />

<strong>to</strong> remove litter (or badly s<strong>to</strong>red waste which<br />

creates litter).<br />

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