Commercial waste

If you run a business in Hastings, you are legally responsible for making sure your waste is stored, collected and disposed of correctly. This includes shops, offices, tradespeople, self catering accommodation, Airbnb properties, holiday lets and any other business or short term rental accommodation. Under Section 34 of the Environmental Protection Act 1990, all businesses have a legal duty of care for the waste they produce.

Waste produced from holiday lets, short term rentals and other business activity is classed as commercial waste under the Controlled Waste Regulations 2012. Because of this, it cannot be collected through the council’s household waste service and must be managed through suitable commercial waste arrangements.

Businesses must:

• store waste securely so it does not cause litter or attract vermin
• ensure waste is collected by an authorised waste carrier
• keep waste transfer notes for a minimum of two years
• ensure recycling and commercial waste are disposed of correctly
• be able to provide evidence of their waste arrangements if requested by the council.

Businesses must not:

• place commercial waste into household bins
• use household waste recycling centres to dispose of business waste
• use public litter bins or street recycling bins for commercial waste.

Council officers actively carry out compliance checks to ensure businesses are meeting their legal responsibilities. Failure to have suitable waste arrangements in place, or failure to provide evidence when requested, may be considered a breach of your Duty of Care under Section 34 of the Environmental Protection Act 1990 and may result in formal enforcement action, including fixed penalty notices, prosecution, and substantial fines.

You can arrange commercial waste collections through any licensed waste contractor that meets your needs.

The guide below provides more information about your legal responsibilities and duty of care.
Commercial Waste - A guide to your legal duty of care

Report businesses without commercial waste arrangements

Are you aware of a business that may not have suitable commercial waste arrangements in place?
Examples may include:

• using domestic household bins for business waste
• disposing of commercial waste incorrectly
• fly-tipping or leaving waste on the street.

Please report this to us so we can consider investigation.