Rank: Super forum user 
|
My company are buying equipment and selling this to the client and then installing. Who's waste would this be? I.e. who would have the INITIAL duty of care?
There is an argument about who should pay for the removal of waste. We are stating at present that the old equipment we are removing ready for the new equipment is THEIR waste, so they should pay for us to remove there waste as an addition.
Thoughts would be very much appreciated.
|
|
|
|
|
|
Rank: Forum user 
|
Usually the removal of waste is included in the contract for installation. It very much depends on the type of waste you are producing and its waste classification so more information needed really
|
|
|
|
|
|
Rank: Super forum user
|
As the immediate producer of the waste the contractor will always be responsible for the waste produced. Any different should have been in the contract. In theory the client can charge you what he likes for the waste facility if you wish to use his.
The only real exception is Hazardous waste. This is specific to the premises.
Bob
|
|
|
|
|
|
Rank: Super forum user
|
Hi Bob
Cab you elaborate on the hazardous waste aspect?
Whilst I understand the reasoning for the replies I am a little confused. We are supplying light fittings (for instance) to the building. We are then removing light fittings which have been supplied by another contractor (becoming a light fitting owned by the building owner). If we remove the old light fitting from site:
1) Is it not the waste of the building and therefore the building owners waste?
2) Would we not require a waste transfer note to be signed by both parties before removing waste from the site?
Would appreciate the reasoning behind the belief that the contractor (us) is responsible for the waste as the waste is still owned by the building until a waste transfer note has been complete.
|
|
|
|
|
|
Rank: Super forum user
|
Under EPA the producer of the waste is not necessarily the person in control of the premises - It is the person who actually creates the waste, ie the contractor in your case. You should be making suitable disposal arrangemnts with your suppliers as the light fittngs can be readily recycled - you are best placed to undertake such a decision also.
Under the hazardous waste regulations premises producing waste have to be registered and thus the premises are charged with such disposal.
|
|
|
|
|
|
Rank: Super forum user 
|
Light fittings are under WEEE Regulations which means there is a "take back" programme in place. The Goverment have produced an idiot's guide (which is handy because you need a doctorate in Astrophysics to understand anything the Environment Agency writes) and the link is below.
https://www.gov.uk/elect...sponsibilities/suppliers
Hope this helps.
Hilary
|
|
|
|
|
|
Rank: Super forum user
|
Thanks all for the quick response.
- So to clarify, the onus is on the person producing the waste, not the person who owns the waste?
- With regards to Hazardous Waste, the building has to be registered and is charged with disposal of hazardous waste?
Sorry lots of questions but this then brings up other questions:
- Does this mean that the disposal of light fittings is supposed to be managed by the owner of the building and not the person who creates waste?
- Is there a website which defines hazardous waste?
|
|
|
|
|
|
Rank: Forum user
|
The Environment Agency Technical Guidance WM2 should help you identify if your waste is classified as hazardous.
From here you can use the EA document 'Using the List of Wastes to code waste' to identify which industry you fall into, which then (having identified your waste stream) leads you to the correct EWC code to fulfil your duty of care with waste removal.
Regarding the building being registered, that depends on waste operation, which dictates whether you apply for a waste exemption or an environmental permit.
As for who's waste it is... I can't help with that, as hilary rightly states the EA have their own special brand of gibberish, my head swims just trying to identify my own company's needs...
Alan
|
|
|
|
|
|
Rank: Super forum user
|
You need to look at the European Waste Catalogue, available via the EA website, as this actually is the most concise listing. Make sure you look at the industry sector carefully to make sure the coding applies and whether or not it is hazardous.
You also need to get your head around WEEE regs as these cover electrical goods. Also the Hazardous Waste Regs 2005 are a must.
I rather suspect hat you need to fully review your waste management processes with expert help as things seem rather loose.
Bob
|
|
|
|
|
|
Rank: Forum user 
|
Jars,
In my opinion a lot of what you are referring to lies in the original agreement made between the client and yourself. It depends on who is deemed responsible for the removal of the waste from site, irrespective of whose responsibility it is for the generation of the waste. Whoever has agreed to remove the waste then it has to be removed legally using a licensed waste carrier and waste disposal company. In past experience the people installing lighting have usually taken responsibility for the removal of all waste generated including that associated with the installation. Normally, they arranged for an appropriate skip to be placed on site into which they can place the waste. As for the cost of disposal, this is usually built into the price of installation.
Hope this helps.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.