FAQs about Commercial Waste

Commercial Waste

Frequently Asked Questions

General Information – For more detailed information please contact the Waste Management Team on 01748 829100.

Q.   What is Commercial Waste?

A.   Commercial waste is anything which originates as a result of operating your business and then needs to be disposed of.

Q.  Why do I need to make separate arrangements to have my commercial waste collected?

A.   The Environmental Protection Act 1990 legally defines 'Household', 'Commercial'  and 'Industrial' waste separately and imposes a duty of care on any business generating commercial or industrial waste to ensure the waste is not deposited, kept,  transported or disposed of except by a licensed operator.

Q.  What does this mean?

A.   The 'Duty of Care' is a law which says that you must take all reasonable steps to keep waste safe.  If you give waste to someone else, you must be sure they are authorised to take it and can transport, recycle or dispose of it safely. 

If you break the law you can be fined an unlimited amount.

Q.  Does it affect me?

A.   The duty of care applies to anyone who produced or imports, keeps or stores, transports, treats or disposes of waste. 

Q.   What is waste?

A.   It can be anything you own, or your business produces, and you want, or are required to get rid of.

Q.   What is controlled waste?

A.   Controlled waste is household, commercial or industrial waste.  It can be from a house, school, university, hospital, residential or nursing home, shop, office, factory, holiday cottage (paying Non-Domestic Rates) or any other trade or business.  It may be solid or liquid, scrap metal or a scrap car.  It does not have to be hazardous or toxic to be controlled waste.

Q.   What about household waste?

A.   If the waste comes from your own home, the duty of care does not apply to you.  But if the waste is not from the house you live in e.g. if it is waste from your workplace or waste from someone else's house the duty of care does apply.  It is not legal for a business operator to take their own commercial waste home and place it with their domestic waste, nor to take it to any civic amenity or household waste recycling centre.

Q.   What if I live on/above the business premises what do I do with my household waste?

A.   If you live on the premises we will provide you with a commercial bin large enough to contain both your domestic and commercial waste, your commercial refuse invoice will then be discounted (currently by £76.53 in 2009/10) because you pay Council Tax for the domestic part of your property and are entitled to a refuse collection of your household waste.  You are also entitled to the same domestic recycling services as households, a green box for glass, cans and plastic bottles, a blue bag for paper and a green bin for garden waste.

Q.   I own a holiday cottage, how do I arrange to have the refuse collected?

A.   Schedule Two of the Controlled Waste Regulations 1992 specifies that charges may be made for collection of waste from "a domestic property or a caravan used in the course of a business for the provision of self-catering holiday accommodation". This includes holiday cottages which pay non domestic rates.  Charges for collection of waste from holiday cottages will be set at the same tariff as other commercial waste charges, which are dependant of the amount of waste being produced.

Q.   How do I know what to do?

A.   The law says you must take all reasonable steps to fulfil the duty of care and complete some paperwork.  What is reasonable depends on what you do with the waste.

Q.   Who can provide me with a collection of my commercial waste?

A.   Richmondshire District Council provides a commercial waste collection service, for further information please contact Fiona Close Tel: 01748 829100 or e-mail fiona.close@richmondshire.gov.uk. 

However any business may choose to use any other licensed operator to provide a service please see your yellow pages under waste disposal - commercial for further information 

Q.  Is Richmondshire District Council obliged to make charges for the collection of commercial waste?

A.   There is no element within your Non-Domestic Rates for the collection of commercial waste, collection of commercial waste is a separate chargeable service.  Richmondshire District Council can recover 'a reasonable charge' for the collection of waste.  Charges are dependent on the amount of waste produced and a schedule of charges can be requested by contacting Fiona Close, Tel: 01748 829100 or e-mail fiona.close@richmondshire.gov.uk.

Q.  What is a 'Reasonable Charge'

A.   A recent High Court case ruled that charges may be considered 'reasonable' even if they were higher than other authorities or the private sector charges in that they may be 'uncompetitive' as opposed to unreasonable.  An authority may subsidise it's costs for the collection of commercial waste from it's other revenue sources (including Council Tax) 'but should only do so if "appropriate" (and indeed in most cases it should avoid doing so)

In effect the reasonable charge should cover all collection (and disposal) costs but should avoid having an impact on the local taxpayer.

Q.      What recycling facilities are available for Commercial Premises?

A.   A Paper and cardboard recycling service is available to businesses who currently hold commercial waste agreement with Richmondshire District council.  The recycling service operates in the Richmond, Catterick Garrison, Brompton on Swale and Leyburn areas, for further information please contact Fiona Close, Tel: 01748 829100 or e-mail fiona.close@richmondshire.gov.uk

A recycling service can be provided by Yorwaste for Plastic, Paper, Cardboard and Food & Drinks Cans.  Please contact 0845 300 8889 for further information.

 

 

 

 Print page Last updated: 16 October 2009