Every business has a legal responsibility for the waste they generate.
Section 34 of the Environmental Protection Act 1990 (as amended) require that businesses must ‘prevent the escape of waste’.
This means you must:
- store your waste in a secure place and use suitable containers
- pick up any escaped waste and dispose of it, as it's your responsibility
- make sure that your waste containers are presented with closed lids and secured
Below are examples of waste presentation:
Waste and bins on the street
Leaving commercial bins on pavements for longer than necessary can block access to pedestrians and road users.
Commercial businesses are expected to
- present their bins for servicing on collection day
- remove them from the street as soon as they have been emptied
Commercial bins should not be stored on roads or pavements. You need to consider all practical storage solutions.
If you have limited space
Speak to your contractor about other options. For example:
- reduce the size of your commercial waste container/s
- increase the frequency of collections
- consider sharing bins/storage space with neighbouring businesses
- opt for commercial, gull-proof waste sacks
If you are struggling to store your commercial waste bins and would like advice on storage solutions, contact us at dutyofcare.waste@fife.gov.uk
Gull proof bags
A gull proof bag is a large sack made of thick plastic that holds a number of standard sized waste sacks, it allows your waste sacks to be stored inside when left out for collection.
The gull proof bag will
- stop your commercial waste sacks from blowing away
- prevent them being punctured by seagulls or other pests
This can cause a mess, which your business is responsible for.
Guidance is available here:
Missed collections
If your commercial waste contractor cannot collect your waste, you should
- remove your waste from the street
- return it to your premises
- contact your waste contractor to rearrange collection
It is not acceptable to put your waste out and leave it; this is a failure in your duty of care.
If you have additional waste, here are a few things you can do:
- speak with contractor regarding presenting additional waste on your next waste collection
- use gull-proof bags to present additional waste for collection
- flat-pack any cardboard and flatten any packaging
Bin security
You need to make sure you take responsibility for making sure your waste containers are secure, for example locking the bins up.
Contact your contractor and make arrangements for lockable bins if you feel it's necessary.
The Health and Safety Executive (HSE) provide advice on the steps businesses should take to keep themselves and others safe.
Help and support
We understand some businesses may find it difficult to store their waste containers at their premises. If you require further advice or support, contact us at dutyofcare.waste@fife.gov.uk.
