Householders Duty of Care

A duty of care applies to household, commercial and industrial waste known as controlled waste. 

Waste is a substance or objects that the holder discards, intends to discard or is required to discard. 

  • Discard means disposal and recovery. 
  • Disposal is where there is no recovery processes and there is no secondary purpose for the waste, landfill is an example of where waste is disposed of. 
  • Recycling is an operation where waste is reprocessed into products, materials and substances whether for the original purpose or another purpose, example, crushed glass for blasting or waste tyres used in playground surfaces. 
  • Reuse is where products that have already been discarded are checked, cleaned or repaired so that they can be reused without any other processing, example, repairing of bicycles, furniture or electricals. 

The duty of care applies to householders that are occupiers of domestic properties, this includes tenants. 

As a householder you have a responsibility to take all reasonable measurers to ensure that any household waste produced on your property is only transferred to an authorised person. An authorised person includes the local authority that provides your normal waste collection service. 

If you have waste that cannot be disposed of through your normal local authority waste collection service you can: 

Take your waste to one of the six Civic Amenity and Recycling Centres in Pembrokeshire. There may be a charge for certain items that you need to dispose of.

You can arrange with use to take away your waste through our bulky household waste collection service. There is a small charge for this service.

Alternatively you can arrange for a commercial waste collection service to collect and dispose of your waste.

The commercial company must be registered to carry waste to check if the individual or company is registered please check the Natural Resources Wales public register or call them on 03000653000. 

It is important if you are carrying out renovation or improvement work at your home including DIY, that you have a responsibility for the waste produced as part of this work. You should check that your tradesman will dispose of the waste that is generated and that they have the appropriate authorisation to dispose of the waste. 

If the person who takes the waste from you is not authorised to do so, or your waste is illegally disposed of fly tipped, you could be prosecuted and fined if you have not taken all reasonable measurers to meet your duty of care. 

Fly tipping is the deliberate unlawful dumping of waste at the roadside or on private land the scale can vary from a single bin bag of waste to a large quantity dumped from a truck. 

If you suspect that someone is fly tipping, illegally depositing, treating or disposing of waste, DO NOT give your waste to them. 

Duty of care places a positive responsibility on individuals and businesses to ensure waste is managed in a way that protects human health and the environment. 

Section 34 of the Environmental Protection Act 1990, sets out practical guidance on how to meet the waste duty of care requirements. 

Duty of care applies to you if you produce, carry, keep, treat, dispose or import waste in Wales. 

Failure to comply with the Duty of Care is an offence subjected to unlimited fines. 

Pembrokeshire County Council and Natural Resources Wales are the regulators for the duty of care in Pembrokeshire.

ID: 3200, revised 27/03/2023