Waste enforcement
How we enforce the responsibilities of businesses and residents to dispose of their waste properly
Business and commercial waste enforcement
All businesses are required by law to put in place measures to store and dispose of waste generated from their business.
Duty of care
Under the Environmental Protection Act 1990 all businesses have a duty of care for waste from their business. This duty of care requires the business to ensure:
- all waste is contained in suitable containers so it cannot escape
- secure waste against unauthorised removal
- waste is only transferred to an authorised person
- a written description and transfer note for the waste is obtained and retained for two years.
If a business does not comply with this legislation the local authority can serve a section 47 notice.
For a simple guide to duty of care, see the Duty of Care Compliance - Right Waste, Right Place website.
Section 47 notice
A section 47 notice is a legal notice issued under the Environmental Protection Act 1990. They are issued to businesses/traders who fail to comply with their duty of care. The notice has instructions on how to store, dispose and present your waste for collection. A section 47 notice can be served on a business or trader if:
- waste is not suitably contained or secured
- waste is passed to unauthorised persons
If this notice is not adhered to a fixed penalty notice for £80 will be issued by an authorised officer.
Fixed penalty notice
A fixed penalty notice of £80 is issued for a breach of the section 47 notice. Businesses and traders have 14 days to pay. If the fixed penalty notice is not paid we will commence legal action through the magistrates court. In court the maximum penalty is a £1000 fine with court costs.
Last updated: 17 July 2026