Commercial Waste Regulations 2024
Waste regulations made under the London Local Authorities Act 2007.
“clinical waste” has the meaning given to it by the The Controlled Waste (England and Wales) Regulations 2012 (legislation.gov.uk)
“clinical commercial waste” means clinical waste and offensive waste as specified in the table at Schedule 1, paragraph 3, point 12 of the 2012 Regulations and other than household waste.
“collection point” means any point where waste is placed by the waste producer for collection by the registered waste carrier”.
“commercial waste” means any commercial waste produced by or originating from a commercial business or premises.
“controlled waste” has the meaning given to it in Schedule 1 of the Controlled Waste (England and Wales) Regulations 2012.
“non-time banded street” means any street or public highway where no specific time bands exist but where waste presented for collection on a public highway must be removed within 2 ½ hours of its deposit.
“public highway” means any street maintainable at public expense for the purposes of the Highways Act 1980.
“receptacle(s)” means commercial waste refuse sacks or commercial waste wheeled or bulk bins.
“registered waste carrier” means a person or company who is authorized to receive and transport waste and who is registered with and licensed by the Environment Agency.
“spoiling” means the rendering of waste unmanageable in the way intended.
“storage point” means any point where waste is stored prior to placement at the collection point”
“street” has the meaning given to it by section 343 of the Public Health Act 1936.
“time banded streets” means streets where presentation of waste on the street or public highway to facilitate collection is limited to times specified on signs displayed in that street. (There will be two time bands lasting one hour each for each street and will apply only on the side of the street on which signs are displayed).
“waste holder” means any waste producer, waste carrier, waste dealer, waste broker or waste manager (see Waste Duty of Care Code of Practice November 2018).
“waste producer” means a person or company who is responsible for a premises from which commercial waste is produced.
“wheeled bin” means a two wheeled plastic bin of capacity under four hundred litres.
Time limits on placing of receptacles on non-time banded streets
On streets where no time bands are specified and no signs are displayed on the same side of the street as any premises where commercial waste is produced, waste must be collected within 2 hours of it being presented for collection on the street or public highway. Waste not collected within that 2 hour time frame must be removed from the street.
Time limits on placing of receptacles on time banded streets
The occupiers of premises where commercial waste is produced on time banded streets shall present their waste for collection within the time bands for their street in sufficient and suitable commercial waste receptacles that are clearly marked with the name or identifiable logo of their chosen registered waste carrier. If waste is not collected within 2 hours of the end of any time band, it must be removed from the street.
Find out which streets and property are time banded.
Type and numbers of receptacles for commercial waste
Receptacles must be suitable for the storage, transport and subsequent management by the waste producer and subsequent waste holder.
Receptacles must be robust and designed to prevent leakage and contamination or spoiling of waste.
Cardboard which is separated from other commercial waste should be presented for collection marked with a sticker clearly stating the name of the waste producer’s chosen cardboard recycling waste carrier.
Wheeled bins and bulk bins may only be stored on the pavement on the public highway where the footway is at least 2 ½ metres wide to allow free, safe and uninterrupted passage on the footway for pedestrians to pass other pedestrians and wheelchair users without stepping into the carriageway.
Wheeled bins and bulk bins stored on the highway must be covered by the businesses public liability insurance.
Wheeled bins and bulk bins must be emptied frequently so as not to allow them to overflow. No side waste may be placed by bins and bin lids must be kept closed.
Placing of commercial waste receptacles to allow collection
The occupier of any premises producing commercial waste shall provide suitable storage points within those premises for all waste originating from them. The storage point for such waste shall not be on any public land or public highway.
If commercial waste is to be presented for collection on the public highway, the collection point shall be directly outside the premises from which the waste is produced unless that is likely to cause a hazard to passers by, in which case the waste should be presented on the public highway as close as safely possible to the premises.
The occupier of any premises producing clinical commercial waste or hazardous waste shall provide safe and secure storage points and collection points within the originating premises. Such points shall be kept secure at all times with no access for the general public.
Waste sacks with a base colour of yellow complying with standard UN3291 shall only be used for the storage of clinical commercial waste as defined by the 2012 Regulations.
The steps to be taken to facilitate collection of commercial waste on time banded streets
All collection points for commercial waste shall be accessible to registered waste carriers.
Commercial waste must fit within the branded bin or refuse sack provided by your licensed collection organisation.
Your bin/container must not overflow; rubbish must not overhang, and be stacked on top of or beside the bin/container.
Your presented waste should not cause a problem, obstruction, or be harmful to the local facilities.
The bin/container should not be placed or stored on the Public Highway other than the time(s) specified or agreed by the local authority.
If your waste collector fails to collect the waste, it is your responsibility to remove it. You must remove the bags or push the bin back onto your property, from the Highway until the waste can be collected.
Failure to comply with the above may result in a Fixed Penalty Notice being issued, or Court proceedings being taken against you.
Notices under Section 47 of the Environmental Protection Act 1990
Where on or after 1 December 2024 the council serves a Notice under the above Act on the occupier of any commercial premises, then the specific requirements in such Notice shall take precedence over any conflicting provision in these Regulations. Compliance with these Regulations shall not be taken to constitute compliance with other legislative provisions including those legislative provisions which relate to the licensed storage, treatment and disposal of controlled waste. In the event of conflict between these Regulations and any statutory provision, the statutory provision shall take precedence.