[Chris Galloway]

Personally im only going to be doin gutter clearance on residential properties - however i will still be classed as a commercial operator since im charging for the service.

Not wanting to be on the wrong side of the law here.. I thought be best to ask people who may be in the know.. or at least should be since this is what they are commercially operating as..

Since gutter clearance is removing waste material from guttering, i assume its necessary to have a waste carriers license - even if i dont actually take it with me, i will still have residual waste in my hoses and machine. Is this correct?

If so,

Where do you get a waste carriers license from?

How much does it cost?

Now dealing with any waste that you collect.

Solid waste - what is the protocol of dealing with this, where can you take it to dispose of it legally?

Fluid waste - what is the protocol of dealing with this, can you just pour it down a public drain? or is there some other way you must dispose of it.

I know some will probably say dont worry about it, but in this day and age, there are many enviro junkie or even a disgruntled opposition that would be willing to grass you up to authorities which could end you up with a hefty fine and a bad reputation.

Personally I would rather know facts..

If you can help i would really appreciate it.

Thank you.

[ftp]

What do Gardiners do with weeds and grass cuttings? Is the waste harmful to the environment? I can't see a problem myself - you could even bring it home and chuck it on your garden, after all it's more or less compost. Leaves, sand and rainwater? But then i do come from a generation that used to light a bonfire once in a while. 

[Jeff Brimble]

One problem is when you get a commercial trough gutter job and you have a vac full of sludge, its a very large ammount of liquid sludge.  : :

[ftp]

Yes, your right but it's only tile sand and water. What do you do with your sludge Jeff?
Do you find the weight of your pole and hose increases dramatically when you start hoovering sludge/fudge ?

[Chris Galloway]

What do Gardiners do with weeds and grass cuttings? Is the waste harmful to the environment? I can't see a problem myself - you could even bring it home and chuck it on your garden, after all it's more or less compost. Leaves, sand and rainwater? But then i do come from a generation that used to light a bonfire once in a while. 

ok, take this from Leeds..

http://www.leeds.gov.uk/files/2006/week5/inter__24ecaa86-38f7-411f-a219-7fda5a288f59_6dbf1b95-ecd3-46fd-a64a-b017c91b6555.pdf

Something i think everyone doing this service needs to look at, and find out for them and their areas..

As i said im after facts.

[Jeff Brimble]

On trough gutters there is generally not much fall to the downspout so they are often full of rotting leaves and serious liquid mud. and water. If you are half way thro the job and the vac is full you either have to find somewhere to pour and spread it over the ground - if you have permission, or lift it all into a container and take it away.
15m of hose tends to get mud sticking to the insides and needs a shake to get it flowing again, the hose works best when in a straight line. The pole is kept clear and no extra weight but please remember that this is a physical job and the pole is hard work over say a morning. There is an awful lot to learn and you can only appreciate how much by doing it. Sometimes I much prefer wfping with the c/f modulars its a lot less effort but also less money.

[ftp]

I've found it only needs a couple of mm to coat the insides of my pole sections to alter the feel straight away especially if i lower the pole from twenty feet and over horizontally to the ground. Quick suck on a water source and it goes back to being very light and comfy again.

[Chris Galloway]

ok, seems i was right.. I'll be contacting my council/environment agency later in the week. You can charge a PREMIUM for gutter cleaning, as you need to be a waste licence carrier to do this, as you WILL be taking away residual waste with you, even if you dump the rest of it on the customers land. This can lead to you and the customers being fined!

What a great way to market the service! Not only that but if you know of a competitor that is doing the service and is not a registered waste carrier you can grass them up! LOL.

Personally I think anyone who is doing this especially for commercial clients really needs to look into it for themselves..

1. Key messages

The Government wants to ensure that producers of waste take responsibility for ensuring their waste is managed without harm to human health or to the environment.

An effective duty of care and waste carrier/broker regime (waste controls) can help to ensure waste is dealt with properly leading to a reduction in waste crime and fly-tipping.

The household duty of care regulations are not there to "scare people". The regulations are an extra weapon in the armoury to eliminate fly-tipping. They are all about householders working with their council to combat the blight of fly-tipping and make sure rubbish is dealt with properly and responsibly.

Every year councils spend millions of pounds clearing up household rubbish that is dumped by people posing as legitimate waste carriers.

Councils are not intending to go around fining people – the idea is to encourage them to think carefully about who they give their waste to, and not to simply choose the cheapest option.

If we cut out the waste available to the fly-tippers, we cut out their business.

Do not forget that all household waste can be disposed of at your local tip free of charge. Many local authorities will come and pick up bulkier waste (free or for a small charge).
2. What is the duty of care?

The Duty of Care is set out in section 34 of the Environmental Protection Act 1990 and associated regulations. It applies to anyone who is the holder of controlled waste.

Persons concerned with controlled waste must ensure that the waste is managed properly, recovered or disposed of safely, does not cause harm to human health or pollution of the environment and is only transferred to someone who is authorised to receive it. The duty applies to any person who produces, imports, carries, keeps, treats or disposes of controlled waste or as a broker has control of such waste.
3. What are the penalties under the duty of care?

Breach of the Duty of Care is an offence, with a penalty of up to £5000 on summary conviction or an unlimited fine on conviction on indictment.
4. What information are businesses required to keep?

Under the Duty of Care Regulations 1991 (the 1991 Regulations), parties transferring waste are required to complete and retain a 'transfer note', containing a written description of that waste. Defra has provided statutory guidance on the completion of the duty of care transfer note in Waste management, the duty of care: a code of practice.

The 1991 Regulations now require waste to be described on the transfer note by reference to the European Waste Catalogue (EWC) and its appropriate code number. These amendments to the 1991 regulations were brought in to meet the landfill Directive’s requirements on monitoring the acceptance and treatment of waste, and will also help to fulfill the UK’s obligation to implement the EWC.
5. What is the household duty of care?

The Waste (Household Waste) Duty of Care (England & Wales) Regulations 2005 introduced a new duty on householders on 21 November 2005. Under this duty, householders are required to take reasonable measures to ensure that household waste produced on their property is passed on to an authorised person. There is not a requirement for the householder to complete and retain a written description of the waste (the ‘transfer note).

This should lead to better waste management and help to reduce illegal waste activity such as fly-tipping.
6. What are considered to be "reasonable measures" to comply with the duty of care?

It will be up to the courts to decide what constitutes reasonable measures, although householders are encouraged to make a simple check with the Environment Agency in order to ascertain if the person that they are passing their waste to is a registered waste carrier.
7. What are the penalties for non-compliance with the household duty of care?

If fly-tipped waste is traced back to a particular household, the householders could be fined up to £5000.

However, the ultimate aim is not to fine people, but to ensure that they use registered waste carriers.
8. How do I get rid of my bulky waste?

Many councils offer a collection service (free or for a small charge) to come and collect your bulkier waste.

Otherwise, householders are encouraged to use a registered waste carrier, which can find through the Environment Agency hotline or website as above.
9. Who is allowed to carry waste?

The Waste Framework Directive requires that establishments and undertakings who collect or transport waste on a professional basis or which arrange for the disposal or recovery of waste (dealers or brokers) to be registered. This is implemented in domestic legislation by the Control of Pollution (Amendment) Act 1989. Persons who carry waste as part of their business are required to be registered with the Environment Agency.

Persons authorised to carry waste for the purposes of the duty of care also include:

    * a waste collection authority
    * any person who is the holder of a waste management licence
    * any person that section 33(1) EPA 1990 doesn’t apply to by virtue of the Waste Management Licensing Regulations 1994 issued under section 33(3)
    * any person who is not required to be registered as a waste carrier
    * a waste disposal authority in Scotland

10. How do I know if a carrier is registered or not?

Anyone removing waste from your household should be licensed with the Environment Agency to do so.

This can be checked with the EA by phoning 08708 506506 and requesting an instant Waste Carrier Validation Check.

Alternatively you can now check online through the EA’s new waste carrier register on the Environment Agency's website. Registered waste carriers can be located by postcode on the website.
11. How can waste carriers register?

Waste carriers must be registered with the Environment Agency. At present this registration costs £149 for three years initial registration and £99 for renewal thereafter.
12. What are the penalties for not registering as a waste carrier?

Carrying waste without a relevant authorisation is an offence. Those found guilty on summary conviction are subject to a fine not exceeding £5000 (level 5 on the standard scale). Transferring waste to an unregistered company or person is also an offence. Those found guilty on summary conviction are also subject to a fine up to £5000 (level 5 on the standard scale).
13. How is the waste carrier regime enforced?

The Environment Agency is responsible for registering waste carriers. However, local authorities and the Environment Agency have powers to check waste carriers and request production of relevant documentation.

Under powers in the Clean Neighbourhoods and Environment Act 2005 authorities can issue fixed penalty notices for failure to produce carriers registration documentation.

http://www.defra.gov.uk/environment/waste/legislation/duty.htm#1

[ftp]

Isn't that for household waste though? Would there be a difference if it was green environmentally safe waste such as compost? Would gutter waste not be classed as garden waste?
Another thought: most commercial properties have their own selection of waste bins (the big ones) round the back of their premises - can these not be used?
If you can cover the cost of a licence though i suppose it could be a good selling point.

[Chris Galloway]

Garden waste is considered household waste.

[ftp]

Where do you think Mondeo man slings his bucket load? 

[trevor povey]

sling it over a neighbours fence..or worse comes to worse EAT IT

[Chris Galloway]

If you can cover the cost of a licence though i suppose it could be a good selling point.

Indeed you could also dispose of their other garden waste while your are at it, of course charging them for it.

Just like the WAHR people need to be educated on the proper procedures. Waste disposal is no different.

the license is £150 for 3 years, thats £50 a year - £ 4.20 a month - £0.96 a week - £0.13 a day. depending on how you look at it, over 3 years..

[ftp]

I didn't think it would be as cheap as that somehow, i thought it would be more like a thousand. Peanuts really.

[niceandclean]

If you can cover the cost of a licence though i suppose it could be a good selling point.

Indeed you could also dispose of their other garden waste while your are at it, of course charging them for it.

Just like the WAHR people need to be educated on the proper procedures. Waste disposal is no different.

the license is £150 for 3 years, thats £50 a year - £ 4.20 a month - £0.96 a week - £0.13 a day. depending on how you look at it, over 3 years..

That would be for a licence, then you would have to pay for the waste to be disposed of, at a waste site as it would be classed as trade waste. 

[ftp]

Sod that for domestic work.

[Jeff Brimble]

I used to leave the chimney sweepings with them and say how good it was to get their garden growing, but I guess not many have a garden now 

[Chris Galloway]

If you can cover the cost of a licence though i suppose it could be a good selling point.

Indeed you could also dispose of their other garden waste while your are at it, of course charging them for it.

Just like the WAHR people need to be educated on the proper procedures. Waste disposal is no different.

the license is £150 for 3 years, thats £50 a year - £ 4.20 a month - £0.96 a week - £0.13 a day. depending on how you look at it, over 3 years..

That would be for a licence, then you would have to pay for the waste to be disposed of, at a waste site as it would be classed as trade waste. 

very true but you could always find someone that had a compost heap such as the local alotments etc. Generally on domestic you would say you will leave the waste with them on their garden or pay extra for "disposal".

[niceandclean]

If you can cover the cost of a licence though i suppose it could be a good selling point.

Indeed you could also dispose of their other garden waste while your are at it, of course charging them for it.

Just like the WAHR people need to be educated on the proper procedures. Waste disposal is no different.

the license is £150 for 3 years, thats £50 a year - £ 4.20 a month - £0.96 a week - £0.13 a day. depending on how you look at it, over 3 years..

That would be for a licence, then you would have to pay for the waste to be disposed of, at a waste site as it would be classed as trade waste. 

very true but you could always find someone that had a compost heap such as the local alotments etc. Generally on domestic you would say you will leave the waste with them on their garden or pay extra for "disposal".

So if you are leaving waste on a customers property, why would you need a waste carriers licence?

[Chris Galloway]

You do need a license if you remove waste from their site.

Its about £150 for 3 years. You get it from the Environment agency.

The problem is that the license isn't the end of the problem. You need to dispose of it at a waste station too. Liquid waste is £76 per ton here with a 1 ton minimum charge. Dry waste is £24 per ton. Then you have to add the travel too. I ask the client If I can either use their waste disposal route or spread it on site as it will save them almost £100 from their bill. Most are very keen to oblige.

I recently bought a license but most of my customers are keen I don't use it, after all gutter waste is safe and completely bi-degradable.

Residential properties are a bit different - just bag it and bin it as the amounts are usually so small.  However if you do remove it your still breaking the law.

Personally id rather look professional even if its just residential. Residual waste will still be removed in the machine and hoses, even if you dump on site, so a license is probably the best way.