Businesses & Trade Waste

Trade Waste & Recycling

All businesses and organisations must meet the requirements set out in the Duty of Care — the legal responsibility to store, present and dispose of waste responsibly.
Am I Compliant?
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What is a Duty of Care?

Under Section 34 of the Environmental Protection Act 1990, any business, not-for-profit organisation, or public sector body has a legal requirement to store, present, and dispose of their waste in a responsible manner. This responsibility is referred to as a ‘Duty of Care’.
A full guide on the duties that must be complied with by anyone who produces, keeps, imports or manages controlled waste (household, industrial or commercial waste) in Scotland can be viewed in the Scottish Government’s guidance document.

If you do not comply

The Waste (Scotland) Regulations 2012 amendments to Section 34 of the Environmental Protection Act (1990) set out three main offences applicable to waste producers under their Duty of Care requirements. From 1 January 2014 (or 2016 for small food waste producers):

1

Failing to take all reasonable steps to ensure the separate collection of dry recyclable waste — i.e. glass, metals, plastics, paper or cardboard.

2

Failing to take all reasonable steps to ensure the separate collection of food waste produced by a food business in non-rural areas.

3

From 1 January 2016: failing to ensure that food waste is not deposited in a public drain or sewer, or in a drain or sewer that connects to a public drain or sewer, in non-rural areas.

Any person who fails without reasonable excuse to comply with the duties imposed above shall be liable:

(a) Summary conviction

A fine not exceeding the statutory maximum of £10,000

(b) Conviction on indictment

An unlimited fine

Who enforces the rules?

Local Authorities and the Scottish Environment Protection Agency are responsible for enforcing Duty of Care requirements.

Both bodies are authorised to issue Fixed Penalty Notices on businesses or organisations who are in breach of these regulations.

How do I ensure I’m compliant?

Ensure your waste contractor has issued your business or organisation with a Waste Transfer Note which outlines the type of waste you dispose of, the container(s) used to store this, and the frequency of your uplifts.
You are required to keep this important document for two years as you may be asked to produce it as proof of responsible waste disposal. If you are a customer of The Highland Council Commercial Waste, you will receive your Waste Transfer Note with your agreed contract each financial year — please keep it up to date by advising the Commercial Waste Team of any changes.
If you are unsure whether your business is compliant with the Waste (Scotland) Regulations and your Duty of Care responsibilities, you can book a no-obligation Zero Waste Compliance visit with our Commercial Waste Team. We’ll offer advice and work with you to provide a tailored waste management system to meet your needs.

Keep your Waste Transfer Note

Proof of responsible disposal — required for a minimum of two years.
  • Type of waste disposed of
  • Container(s) used for storage
  • Frequency of your uplifts

Guidance & downloads

The Highland Council’s Trade Waste Policy

PDF · Trade Waste Flyer 2025

SEPA Guidance on Separating Materials for Recycling

PDF · Trade Waste Flyer 2025

Free · No obligation

Book your Zero Waste Compliance visit

Our Commercial Waste Team will visit your premises, offer tailored advice, and help build a waste management system that meets your needs — at no cost and with no obligation.
recycle@highland.gov.uk

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