Commercial and Hazardous Waste

Commercial Waste

Commercial waste cannot be disposed of by domestic collections.

Under the Environmental Protection Act 1990, anyone who produces, imports, keeps, stores, transports, treats or disposes of waste has a duty to take all reasonable steps to keep it safe. This means that any waste produced by a business is regulated by law.

The Duty of Care applies to all businesses. If the Duty of Care is broken you may be prosecuted and fined an unlimited amount.

The law says you must ‘take all reasonable steps’ to fulfil the duty. The following steps may be considered reasonable to meet the duty of care:

  • Keep all waste in a suitable container. If you put loose waste in a skip or on a lorry, cover it and ensure it is well lit at night.
  • Check your waste contractor credentials and ask to see their waste certificate. Always ensure they are registered with the Environment Agency as a ‘Carrier of Waste’.
  • Get the right paperwork and keep hold of it. Always get a copy of the Waste Transfer Note from the person who takes your waste away. By law you must keep a copy of this note for up to two years.

A handy leaflet with top tips and facts about Duty of Care is available to download below:

Download the Duty of Care leaflet [pdf] 1501KB.

Further guidance on this matter is provided by Kent County Council.

Further information about your responsibilities and disposal sites within Kent is available from KCC.

Enforcement

Ashford Borough Council Enforcement officers may take action against those who breach the Duty of Care. We have to ensure all waste is put out for collection at the right time and disposed of legally.

Enforcement officers can request documents for any time in the past two years. Failure to show these may result in a fixed penalty notice of up to £300 or the matter being referred to court. If found guilty, a fine of up to £5,000 may be given.

Hazardous Waste

We do not provide a collection service for hazardous waste.

You will need to arrange for a contractor to remove these types of waste from your home or business. You also need to ensure they are registered with the Environment Agency as a ‘Carrier of Waste’.

TheKent County Council Helpline (03000 41 73 73) can be called for advice on dealing with asbestos and its disposal.

Other useful websites

Health and Safety Executive website

DirectGov Asbestos Webpage

Visit KCC's Ashford household waste recycling centre page for information regarding items which we are unable to collect. Amongst others, these include: old paint tins, engine oil, etc.