Every waste carrier in England and Wales has a legal duty of care under Section 34 of the Environmental Protection Act 1990. It sounds formal, but it boils down to one thing: if you touch waste, you’re responsible for what happens to it.
Here’s what that actually means in practice.
What is the duty of care?
Section 34 says that anyone who produces, imports, carries, keeps, treats, or disposes of controlled waste must take all reasonable steps to:
- Prevent the unauthorised deposit, treatment, or disposal of waste. Don’t dump it. Don’t give it to someone who’ll dump it.
- Prevent the escape of waste. Secure your loads. Cover your skips. Don’t let waste blow off the back of your truck.
- Ensure waste is transferred only to authorised persons. The site you’re taking it to must have the right permits. The person you’re handing it to must be registered.
- Provide an accurate written description of the waste. This is where waste transfer notes come in. Every transfer must have a note describing what the waste is, including the correct EWC code.
The duty of care applies from the moment waste is produced until it reaches its final disposal or recovery point. Every person in the chain carries responsibility.
What does this mean for waste carriers specifically?
As a carrier, your duty of care obligations are:
Before you pick up waste:
- Check that you’re registered as a waste carrier (upper or lower tier)
- Make sure you know what the waste is. Ask the producer if it’s not obvious
During the transfer:
- Complete a waste transfer note for every load
- Include the correct EWC code and a written description
- Secure the load properly for transport
- Keep a copy of the transfer note
When you deliver waste:
- Only hand waste to an authorised person at an authorised facility
- Check the receiving site has the right environmental permit or exemption
- Make sure the receiving site signs the transfer note
After the transfer:
- Keep the transfer note for at least 2 years (3 years for hazardous waste)
- Make it available if the EA asks to see it during an inspection
Common mistakes carriers make
These are the duty of care failures the EA sees most often during inspections:
No transfer note at all. “We forgot” isn’t a defence. Every load needs a note, every time. No exceptions.
Wrong or missing EWC code. Writing “mixed waste” without a 6-digit code doesn’t meet the legal requirement. The code must be specific and accurate. Look up the right code here.
Vague waste description. “Rubbish” or “general waste” isn’t enough. The description must be detailed enough that someone reading the note understands what the waste actually is.
Not checking the receiving site. If you deliver waste to a site that doesn’t have the right permit, you’re liable, even if you didn’t know. Check before you tip.
Losing transfer notes. If the EA asks to see a note and you can’t produce it, that’s treated the same as not having one. Paper notes get lost. Filing cabinets get cleared out. Digital storage solves this.
What happens if you breach the duty of care?
Section 34 breaches are criminal offences. The penalties are:
- Up to £5,000 fine per offence on summary conviction
- Unlimited fines on conviction on indictment
- Fixed penalty notices of £300 for less serious breaches
- Criminal record — a Section 34 conviction goes on your record
The EA can also serve a Section 34 notice requiring you to provide information about waste transfers. Failure to comply with the notice is a separate offence.
In practice, a single missed transfer note during a roadside check can result in a £300 fixed penalty. Multiple missing notes, or a pattern of non-compliance, escalates to prosecution.
How waste transfer notes fulfil the duty of care
The waste transfer note is the primary document that proves you’ve met your duty of care. A properly completed note shows:
- You knew what the waste was (EWC code + written description)
- You transferred it to an authorised person (their licence/permit number is on the note)
- Both parties agreed on what was transferred (both signatures)
- You have a record (the note itself, kept for the required period)
Without a note, you have no evidence. With a note, you have a defence.
Duty of care and digital waste tracking
From October 2026, DEFRA’s digital waste tracking system will create an automatic audit trail for every waste movement. The duty of care doesn’t change, but proving compliance gets easier when every transfer is recorded digitally.
WTN App is designed around the duty of care. Every note includes the EWC code, written description, carrier licence, and receiving site permit. Both parties sign on screen. The note is stored digitally and available for inspection at any time. Your duty of care is covered.
Section 34 isn’t complicated. Complete a transfer note for every load, use the right EWC code, deliver to authorised sites, and keep your records. That’s it. If you want to check your current compliance level, take our free compliance risk assessment.