Waste disposal regulation made simple by AnyJunk, the responsible rubbish clearance company – PART III
What is a Waste Transfer Note?
A waste transfer note is a document that records a transfer of waste from one party to another. It includes details of the place, date and time of transfer, the parties involved, the license or permit number of the person receiving the waste, and a description of the waste being transferred. The description of the waste should include the relevant European Waste Catalogue codes, as well as an indication of quantity and/or weight.
Example Waste Transfer Note for use by a Waste Carrier
The environment Agency (EA) provides an example waste transfer note on their website at http://www.netregs.gov.uk/netregs/63209.aspx but it’s a little confusing because it includes quite a few bits that aren’t relevant in a basic transfer from a producer to a waste carrier. So, here is our example of a simple waste transfer note that can be used by a waste carrier collecting waste from a business.
When is a waste transfer note required?
When a business transfers waste to another party, the transfer should be recorded by a waste transfer note. The meaning of ‘transfer’ in this context means passing responsibility – it does not mean transport from A to B. Hence the waste transfer note details the parties and address where the transfer of responsibility took place not where the waste ended up. So, in the typical scenario of a waste carrier collecting waste from a client’s premises and taking it to a waste transfer station run by a third party, there will be two waste transfers and two waste transfer notes. The first documenting the transfer from the original producer of the waste to the waste carrier, and the second when the waste carrier delivers the waste the tip (commonly referred to as a ‘tipping receipt’ or ‘weighbridge ticket’). In this common circumstance, while the producer may be interested in where the waste ends up his only legal obligation is to have a waste transfer note for the collection transfer, not the disposal transfer.
Householders don’t need waste transfer notes
Somewhat confusingly, there is no legal requirement for a waste transfer note when a waste carrier removes waste from a home for an occupier of that home. The precise definition of household waste is woolly but has been interpreted to include all waste material that comes out of a home including builders waste provided it is the householder herself who engages a waste carrier to remove it.
No transfer = no transfer note
It might sound obvious, but if no transfer of waste occurs then no waste transfer note is required. For example, a contractor building a conservatory that takes away demolition debris from his customer’s premises does not need to create a waste transfer note because they produced the waste themselves not the customer. The only requirement for a waste transfer note is when they deliver that waste to a 3rd party tip. On the other hand, if the contractor engages a waste carrier (such as a skip company or man & van clearance company like AnyJunk) to remove the waste, then a transfer occurs onsite between the two parties and a waste transfer note is required.
Note that if the same contractor leaves the waste behind for the occupier to arrange disposal, then technically speaking there is a waste transfer at that point but in practise the EA ignores this.
Who is responsible for producing it?
It is common practise for the party receiving the waste to produce the waste transfer note but both parties are responsible for making sure the information is accurate and both must sign the document and keep it for two years. Since photocopies of waste transfer notes are not acceptable, they are invariably created in duplicate using carbon copies (or occasionally electronically).
What does all this mean in a nutshell?
Businesses transferring waste to another party require a waste transfer note for every transfer and should keep it on file for at least 2 years.
Householders don’t need any waste transfer notes.
Need Practical Help?
If you need a registered waste carrier to clear your waste contact www.anyjunk.co.uk, the UK’s largest rubbish clearance company.
Our small print
AnyJunk is not a firm of solicitors, consultant or public authority – we are a rubbish clearance company. This guidance is designed to be a pragmatic summary for the majority of users and we have not included a multitude of additional rules, caveats and exemptions that may be relevant to your specific situation. If you require more detailed information or a definitive view on the rules and regulations governing waste, we recommend seeking independent legal advice or, at the very least, contacting the Environment Agency for a proper chat. In other words, please don’t sue us; we’re only trying to help!
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