Rank: Super forum user 
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Can anybody tell me if we, as a maintenance company replace lamps in the clients building and I left with the clients waste I.e old lamps, who has a duty to dispose of these lamps? I am of the mind that we have supplied these lamps and the client has purchased them, so on removal it is their waste and therefore they should take the necessary measures to dispose of them correctly?
We are not removin them from site at the moment and are storing them on te site until a amicable agreement can be made. Any points of view or direction to guidance/further legislation etc would be very much appreciated.
Thank you in advance.
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Rank: Super forum user 
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Just add the cost of disposal to the contract price?
You dont lose out and the client is happy with the service.
David
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Rank: Super forum user
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David H wrote:Just add the cost of disposal to the contract price?
You dont lose out and the client is happy with the service.
David
This sounds great David, but two problems:
1) We are arguing at who`s cost should it be at
2) I really need to know who`s responsibility it is in order to decide who will take the cost
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Rank: Super forum user
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technicially the waste belongs to the producer of that waste e.g. your client as you are not producing it but simply moving it away for the producer. These days the original supplier has a built in disposal cost so if you supply new tubes then the supply costs should cover the disposal costs
I advise that your client be updated re environmental law and their responsibilities noting that most are only concerned with bottom line finance and suggest that you pay half and they pay half at this point in time thereafer agree about the producer/supplier responsibilities and go from there for new supplies
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Rank: Super forum user
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bob youel wrote:technicially the waste belongs to the producer of that waste e.g. your client as you are not producing it but simply moving it away for the producer. These days the original supplier has a built in disposal cost so if you supply new tubes then the supply costs should cover the disposal costs
I advise that your client be updated re environmental law and their responsibilities noting that most are only concerned with bottom line finance and suggest that you pay half and they pay half at this point in time thereafer agree about the producer/supplier responsibilities and go from there for new supplies
Hi Bob
Could you be so kind and direct me as to where the guidance or supporting document would be stating this?
Thanks again
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Rank: Forum user
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HI
As bob has indicated above the waste producer is has a duty of care to ensure that the waste is disposed of/ recycled in an environmentally sound manner. This includes ensuring that if they pass the waste on (to yourselves or A N other) that the waste will be disposed of properly and not fly tipped for example. If the EA or Sepa can trace this(Fly tipped) back to the producer they could still be liable to prosecution for failing in their Duty of Care to ensure they use reputable/competent contractor.
If you are carrying this waste for your client, then you must be a registered waste carrier. As these lamp(Mercury containing) are classed as hazardous waste they would need to be transported under a Special/Hazardous waste note for which you would need to give 72 hrs notification to EA or Sepa before moving these on the first occassion(You could set up as a succession for 1 year after this and would not need to give the 72 hrs notification again until year expires.
In answer to your question if you look at the EPA(Environmental Protection Act 1990) and
DOC 1991 (Duty of Care Regs/ Section 34 of the EPA Act 1990) with regards to the moving and disposal of waste. Reg 2(1)
The Weee Regulation 2006.
Thanks MAT
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Rank: Forum user
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Just to clarify, i am not suggesting it would be fly tipped or indeed was it part of the original question. Just an example.
Thanks
MAT
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Rank: Super forum user
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MAT wrote:HI
As bob has indicated above the waste producer is has a duty of care to ensure that the waste is disposed of/ recycled in an environmentally sound manner. This includes ensuring that if they pass the waste on (to yourselves or A N other) that the waste will be disposed of properly and not fly tipped for example. If the EA or Sepa can trace this(Fly tipped) back to the producer they could still be liable to prosecution for failing in their Duty of Care to ensure they use reputable/competent contractor.
If you are carrying this waste for your client, then you must be a registered waste carrier. As these lamp(Mercury containing) are classed as hazardous waste they would need to be transported under a Special/Hazardous waste note for which you would need to give 72 hrs notification to EA or Sepa before moving these on the first occassion(You could set up as a succession for 1 year after this and would not need to give the 72 hrs notification again until year expires.
In answer to your question if you look at the EPA(Environmental Protection Act 1990) and
DOC 1991 (Duty of Care Regs/ Section 34 of the EPA Act 1990) with regards to the moving and disposal of waste. Reg 2(1)
The Weee Regulation 2006.
Thanks MAT
Fantastic reply MAT
Thank you very much, exactly what I was looking for!
Thanks to all the contributors of this thread......
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