Merseyside takes first "duty of care" cases

Possibly the first two convictions under the new "duty of care" controls on waste were secured by Merseyside Waste Disposal Authority during September. The guilty parties were a restaurateur who allowed building rubble from his premises to be fly-tipped, and a demolition contractor who failed to ensure that a waste skip contained only those materials described in a transfer note.

The duty of care provisions in section 34 of the Environmental Protection Act 1990 came into force on 1 April (ENDS Report 204, pp 29-30 ). They oblige waste producers and other parties in the waste management chain to take all "reasonable steps" to comply with four specific duties which are intended to ensure the

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