The Environmental Protection Act 1990

The Environmental Protection Act 1990 places certain obligations on businesses to ensure that their waste is suitably contained and disposed of in a proper manner.

This Page outlines the main responsibilities for businesses under the Act.

Section 34 (1)(b)

It shall be the duty of any person who produces, keeps or disposes of controlled waste:

to prevent the escape of waste from his control.

Controlled waste includes domestic, commercial and industrial waste.  You must package the waste in suitable containers so that it cannot fall out, blow away or escape from the receptacle.  You must secure the waste against unauthorised removal as far as is reasonably practical. 

Security should be sufficient to prevent the breaking of containers and removal of waste by vandals, thieves, children, animals, accident or weather.  Waste must not be placed outside for collection longer than necessary.  It should only be placed on the footpath at, or near the scheduled collection time.

Section 34 (1)(c)

it shall be the duty of any person on the transfer of the waste, to ensure:

(i) that the transfer is only to an authorised person.

You must ensure that the person removing your waste is either a local council, registered carrier or holds a licence to dispose of waste.  You are responsible for ensuring that your waste is disposed of properly and must ask for proof from your waste contractor that he is an authorised person. You must not place your waste on the footpath unless you have made proper arrangements for its collection by either your local council or a properly authorised waste contractor.  To do so is an offence under the Act.

It shall be the duty of any person to ensure:

(ii) that there is transferred such a written description of the waste as will enable other persons to avoid a contravention and to comply with the duty as respects the escape of waste.

Each transfer of waste must be documented by means of a Duty Controlled Waste Transfer Note.  This document must contain details of your organisation, the organisation to whom you are transferring the waste, the place of transfer and details of the nature and quantity of the waste being transferred.

Regular uplifts of waste from your premises by the council, or suitability licensed waste contractor, may be covered by an annual transfer note.  A copy of each transfer note requires to be kept by both you and the organisation collecting your waste for a period of two years.

It is an offence under the Act to dispose of your waste without an appropriate transfer note.

For further information about how Glasgow City Council can help you meet your obligations please contact the Council Access Centre either by phone or email.