Up to 34 million tonnes of waste is disposed of illegally every year in the UK!

Biffa’s head of environment, Fraser James, reveals the checklist businesses need to prevent noncompliance with waste regulation.

Almost one in five waste disposals in the UK (18%) are done illegally, equating to 34 million tonnes yearly – enough to fill four million skips. 

Illegal waste management – even if you are unaware of your waste disposal company’s improper operations – can result in criminal prosecution and a substantial fine. As England embraces new Simpler Recycling legislation, there is a good chance that we could see the levels of waste crime increase as some try to cut corners and avoid compliance.

Compliant waste management suppliers need four things: authorisation to carry waste, a transfer note detailing the waste they carry for you, a compliant destination for the waste, and special documentation for certain hazardous substances.

At Biffa, we understand the importance of trusting your partners to be compliant. Here is our checklist to ensure your business’ waste disposal process adheres to environmental legislation. 

Check your provider is authorised to collect and manage the waste you are producing

Ensure that your provider can demonstrate that they are a registered carrier to legally collect your waste. To check this, ask to see any waste carrier’s authorisation or search the public register online.  

Waste management partners who provide processing, recovery or disposal options for your waste must hold relevant authorisation. This is provided by the environmental regulator, who enforces the conditions of these authorisations, including the amount and types of waste that can be accepted and stored, treatment methods and record keeping. Requesting copies of the relevant authorisation held by your contractor will ensure you can confirm that their process is law abiding.

Ensure a waste transfer note has been completed

When waste is collected by a registered waste carrier passed from a company holding or producing the waste, the organisation taking the waste must have a waste transfer note (WTN). This is the written description provided by the organisation holding the waste, it is a legal responsibility as a waste producer/holder to accurately describe the waste within the transfer note. 

This document is vital – and legally required – to track this information and must be retained for two years. You must also provide WTNs to any environmental regulator if requested. 

It is a criminal offence to fail to produce a waste transfer note when asked for it, and businesses could face a fine for doing so.

Ask about the end destination

Your waste supplier is responsible for transporting your waste to an authorised recycling, recovery or disposal facility. Asking your supplier for transparency on the final destination of your company’s waste could help to determine whether it is being legally disposed of.

In 2023, the Environment Agency inspected nearly 1100 locations of reported waste crime activity, closed down 585 illegal waste sites and secured over £400,000 in fines. Nearly 20% of all waste operators are thought to engage in illegal activity, with landfill tax evasion a key driver as it allows perpetrators to boost their profits illegally. 

Alarmingly, nearly a third (31%) of waste crimes are reported to be committed by organised crime groups. 

Hazardous waste consignment notes

Even if a waste operator has a licence, and has a valid transfer note, they need additional licences to carry certain types of waste. 

Hazardous waste – such as some paints, batteries and oils –are subject to Hazardous Waste Regulations and require specific paperwork. If your business’ waste comprises of hazardous materials, you need to check that your waste management partner has these consignment notes, or details of disposal each quarter (in England and Wales). 

If handled improperly, hazardous waste can pose a serious threat to human health and the environment. If toxic materials leak into soil, for example, they can contaminate drinking water, harm wildlife, and become a significant risk to human health. 

Mismanagement of waste can critically impact a business both financially and reputationally, even if you are unaware that your waste operator is disposing of waste using illegal methods.

It is your business’ responsibility to ensure that waste disposal operations are legitimate and comply with the relevant legal requirements. Our checklist can aid businesses in taking a diligent approach to proper waste management to mitigate risks of fines. By doing so, your business also supports the efforts against illegal waste activity and its devastating environmental and social impact.