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Free checklist · 5 minutes

Can you prove duty of care?

Under Section 34 of the Environmental Protection Act 1990, anyone who imports, produces, carries, keeps, treats, or disposes of controlled waste, or controls it as a dealer or broker, has a duty of care. Handing waste to someone else doesn't end yours: you need to show you took reasonable measures applicable to your role in the circumstances.

Work through our 20 checks covering waste movements on your sites and find your compliance gaps, before an inspector or auditor does.

You'll leave with an indicative duty of care score, and an idea on the areas you can improve on.

The risk

Waste crime is no longer a background risk. It's a boardroom one.

The economy loses an estimated £1 billion a year to waste crime, and enforcement is catching up fast. When something goes wrong two steps down the supply chain, the investigation can still trace straight back to the name on the movement: yours.

£1bn

Estimated annual cost of waste crime to the economy.

20%

Of waste generated in England is estimated by the Environment Agency to be illegally managed.

42 / 17

Sites inspected and permits suspended or facing revocation in the Environment Agency's 18-week Operation Unite campaign, launched in March 2026; results reported on 24 July 2026.

One misjudged load, modelled

The exposure builds quickly.

Illustrative calculation: 5,000 tonnes at the 2026/27 standard Landfill Tax rate of £130.75 per tonne gives £653,750. This assumes a taxable disposal at the standard rate; a wrong destination or misclassification does not by itself establish that tax liability. Who is liable, and any penalties, enforcement, remediation, or legal costs, depend on the facts.

£650k+

Illustrative standard-rate tax calculation

“The days of operating under the radar are over.”
Philip Duffy, Environment Agency Chief Executive

Inside the checklist

Follow the evidence from site to record.

The 20 checks are grouped around the three points where waste evidence usually goes missing.

01

Before waste leaves site

Who signed it off, how it was classified, what testing backs that up, and whether the carrier was actually checked, not just trusted.

02

During the movement

Movement notes, receiving-site evidence, and load records. The stage most often reconstructed after the fact, rather than captured at the time.

03

Evidence and oversight

Retention periods, reconciliation, and whether you could produce a full evidence trail for a specific load from eighteen months ago, today, on request.

What's changing

The timetable is already moving.

Since 1 October 2026

Digital Waste Tracking became mandatory on 1 October 2026 for in-scope permitted waste-receiving sites in England and Wales.

Phase 2: 2027

For carriers, brokers, and dealers, GOV.UK plans a public beta for waste collectors from spring 2027 and mandatory use from October 2027. Spring is not the mandatory start date.

Right now

Digital Waste Tracking does not replace waste transfer notes or hazardous waste consignment notes where required. Tracking a movement and proving it are not the same thing.

Who it's for

Written for the people who sign off waste movements.

Housebuilders, main contractors, and the environmental and compliance leads responsible for what leaves site, and for proving it later, on someone else's timetable.

  • Housebuilders & developers
  • Main & Tier 1 contractors
  • Environmental & compliance leads

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