Business waste and enforcement
We do not collect business waste and will fine anyone who dumps it illegally on land without permission from the landowners or without a licence. This is known as fly-tipping.
We can issues fines known as Fixed Penalty Notices for a range of environmental offences including littering and failure to lawfully get rid of trade waste. Failure to pay Fixed Penalty Fines can result in prosecution.
We do not collect business waste or provide any services for this. Business rates do not pay for business waste disposal.
We will:
- investigate business waste dumped on the public highway and give advice to traders about their legal responsibilities for the disposal of their waste.
- use a clear, reasonable and fair enforcement policy which favours education and working with traders and businesses.
We are developing a leadership role around educating businesses in respect of their Duty of Care responsibilities, to reduce fly-tipping.
- explain to businesses why enforcement action is needed, taking account of the needs of the local community
- enforce the relevant legislation in respect of trade waste disposal by local businesses, in conformity with the Government Good Enforcement Concordat
- supply a list of waste disposal firms who operate in the area together with details of civic amenity sites who accept trade waste
- make regular checks on businesses to ensure that they are storing and disposing of their waste regularly and correctly.
For more advice please contact us on 020 8937 5044.
The following information explains the legal responsibilities that traders and businesses have concerning waste management and disposal. The responsibilities mainly come from two pieces of legislation:
- Environmental Protection Act, 1990
- Clean Neighbourhoods and Environment Act, 2005
You must:
- contain your waste in a container or area that keeps it from escaping or stops people or wildlife interfering with it
- keep your waste off the public highway
- ensure that your waste is disposed of legally and responsibly
- dispose of your waste in a manner which produces the least harm to the environment
Getting rid of your business waste legally
The requirements of Sections 34 and 47 of the Environmental Protection Act 1990 place a 'Duty of Care' on all producers of commerical waste to ensure all such waste is stored and disposed of in a proper and safe manner.
You must:
- arrange a contract with a licensed waste disposal company. who will ensure the supply of a proper storage container and the legitimate disposal of your waste
- be given paperwork from your waste disposal company to show your waste has been legally disposed. You must keep this paperwork for a mimimum of two years, for inspection by Brent Council
You should maintain a file with your waste-disposal contract and any receipts (waste transfer notes) or forms you receive from waste collectors. This will help you when we perform our routine checks under the Environmental Protection Act 1990.
Failure to produce documentation on demand can result in a fixed penalty fine of £300 or prosecution where the maximum fine is £5000. The maximum fine for illegally dumping waste is £50,000 or five years in prison.
Or
- take your waste to an authorised waste amenity site where you will be issued with Waste Transfer Notes, as proof of disposal.
You must ensure that proper records of disposal are maintained for a minimum period of 2 years for inspection by Brent Council.
- under no circumstances dispose of your trade waste through your household waste collection.
Further information
- Enforcement Concordat (from the Prime Minster's Cabinet Office)
- our Business Waste booklet (.pdf, 483Kb), gives an overview of the business responsibilities for managing waste, along with useful contacts to help reduce the amount of amount of waste you produce- a strategy that can have significant financial benefits.
- our enforcement policy (.pdf, 67Kb).