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This section of the site will take you through your legal obligations
when using the Egeneration Kent Materials Exchange. It is your
duty when using this site to make sure you are exchanging your
waste in accordance to all relevant legislation.
Please note that the Egeneration Kent Materials Exchange does
not accept any liability for exchanges and the information below
is intended only as a guide. If there are any issues that you
are unsure of please contact you local Environment Agency office
on 08708 506506 or visit the EA website at www.environment-agency.gov.uk/netregs/.
Subjects covered:
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What materials can be posted
on the Egeneration Kent Materials Exchange? |
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What category of waste can be
posted on the Egeneration Kent Materials Exchange? |
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What category of waste cannot
be posted on the Egeneration Kent Materials Exchange? |
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What legislation do I need to
follow when exchanging materials on the Egeneration Kent Materials
Exchange? |
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What
materials can be posted on the Egeneration Kent Materials Exchange?
Any material that is considered to be a waste can be posted
on this site. There are many definitions of what waste is but
according to Schedule 22 of the Environment Act 1995: waste is
any substance or object which the holder discards, or intends
to, or is required to discard.
What
category of waste can be posted on the Egeneration Kent Materials
Exchange?
Any material that falls into the category of Controlled
Waste can be placed on the Egeneration Kent Materials Exchange.
Controlled waste includes household/municipal, industrial and
commercial, construction and demolition, and special (hazardous)
wastes.
What
category of waste cannot be posted on the Egeneration Kent Materials
Exchange?
Any material that falls into the category of Non Controlled
Waste cannot be placed on the Egeneration Kent Materials Exchange.
Non controlled waste includes agricultural, mining and quarrying
wastes.
What
legislation do I need to follow when exchanging materials on the
Egeneration Kent Materials Exchange?
There are a number of laws that need to be considered when
using this site. The list below is not exhaustive but will give
a good grounding to your legal responsibilities:
Duty
of Care
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Duty of care is taken from the Environmental Protection
Act 1990 section 34 |
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Duty of care applies to everyone who produces or
imports, keeps or stores, transports, treats or disposes of waste.
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The law states that all reasonable steps must be
taken to keep your waste safe; this includes preventing waste from
escaping your control by storing it in a safe and secure manner
so that it is prevented from causing pollution or harm to anyone.
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You must make sure that only authorised
organisations are allowed to take and transport, recycle or dispose
of your waste. |
| Please note that this
works both ways and to collect waste from other organisations you
must be authorised to take and transport, recycle or dispose of
that waste. |
| Authorised organisations
include: |
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Local Authority collection services |
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Registered waste carriers |
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Organisations who are registered to carry waste |
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Waste carriers are registered with the Environment
Agency |
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Waste carriers are issued with a certificate
of registration |
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Exempt waste carriers |
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Most exemptions are registered with the Environment
Agency |
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Exempt waste carriers include charities and
voluntary organisations |
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Holders of waste management licenses |
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Organisations that are licensed to deposit,
recover and dispose of controlled waste |
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Waste management licences are issued by the
Environment Agency |
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Some licenses are valid only for certain kinds
of waste or activities |
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Waste carriers are issued with a certificate
of registration |
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Businesses exempt from waste management licenses |
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There are exemptions for certain activities
and types of waste |
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Most exemptions are registered with the Environment
Agency |
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Please note that:
If you are worried your waste is being collected by an unauthorised
organisation please contact your local Environment Agency office
on 08708 506506 or visit the EA website at www.environment-agency.gov.uk/netregs/.
If you are unsure that your organisation is authorised to collect
others' waste please contact your local Environment Agency office
on 08708 506506 or visit the EA website at www.environment-agency.gov.uk/netregs/.
Any waste that is exchanged needs to be accompanied by a waste
transfer note. A waste transfer note must include:
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A written description (what the material is and how
much there is) |
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The European Waste Classification Code |
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What sort of container it is in |
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A time and date |
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Where the transfer took place |
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The names and addresses of both parties |
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To download a waste transfer note template, please click
here.
To download a guide to the European Waste Classification Codes
click
here.
Please note that:
Duty of Care is regulated by the Environment Agency and
any business contravening this legislation can be fined an unlimited
amount and individuals responsible can be sent to prison.
To download a Waste - Duty of Care information leaflet produced
by DEFRA: please click
here.
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