Dereliction of duty: why waste duty of care rules need to toughen up

Flaws in the duty of care regime mean firms that flout the rules often get away with it, as highlighted by one consultancy registering a dead dog called Oscar as a waste carrier. But tighter rules could be on the horizon. Catherine Early investigates

Man putting waste into a skip
Waste producers are responsible for ensuring their waste is disposed of legallay

Duty of care regulations have a very basic premise – to shift the responsibility for disposal, recovery or reuse of waste into the hands of those that produce it, explains Simon Tilling, partner at law firm Burges Salmon. “In theory, anyone who produces, imports, keeps, stores, transports, treats or disposes of waste, including householders, can be penalised for failure to comply,” he says.

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