Waste crime in the UK: Are you compliant?

Waste-related legislation around recycling and food waste will make waste management a key business priority in early 2025 says Martin Dallison, Supply Chain Coordinator at Everflow

Waste crime has become a growing concern in the UK and has significant environmental, financial, and legal implications. Defined as the illegal disposal, storage, or treatment of waste, waste crime includes fly-tipping (the illegal dumping of waste in public or private spaces), operating without proper waste licenses, misclassification of hazardous waste, and illegal exports.

The Environmental Services Association (ESA) estimates that waste crime costs the UK economy around £1 billion each year. For organisations, the repercussions of engaging in or facilitating waste crime can be severe, ranging from hefty fines to imprisonment for directors, not to mention damage to their reputation.

With increasing scrutiny from regulatory bodies, businesses must ensure that they comply with waste management regulations, avoiding both intentional and unintentional involvement in waste crime.

THE SCALE AND IMPACT OF WASTE CRIME

Waste crime in the UK has escalated over the years, driven by unscrupulous operators aiming to avoid the costs associated with legal waste disposal, alongside greater rules and scrutiny on how to dispose of waste products. The illegal handling of waste can lead to serious environmental harm. For example, the improper disposal of hazardous materials like asbestos or industrial chemicals can contaminate land, watercourses and air, posing significant risks to public health and ecosystems. Additionally, fly-tipping has surged, with over One million fly-tipping incidents reported annually across England alone.

Waste crime doesn’t just affect the environment; it distorts the market for legitimate waste management businesses. Legitimate operators face unfair competition from criminal companies that can undercut prices by flouting regulations, leading to a loss of income for compliant organisations.

For many organisations, involvement in waste crime may not be deliberate but the result of poor practices, lack of awareness or partnering with operators who are not completely transparent about their activity.

WHAT WASTE CRIME CAN LOOK LIKE

• Fly-tipping: The unauthorised disposal of waste on land that doesn’t have a waste disposal license.
• Illegal waste sites: Facilities operating without the necessary permits to handle, treat, or dispose of waste.
• Hazardous waste mismanagement: Mishandling or misclassifying hazardous waste to avoid the stricter controls required for its disposal.
• Illegal waste exports: The export of waste to countries without proper licenses, or where the waste is unsuitable to be exported under the guise of recycling.
• Mislabelling of waste: Declaring waste as non-hazardous or recyclable when it is not, leading to improper treatment and disposal.

HOW TO AVOID ASSOCIATING WITH WASTE CRIME

• Know Your Legal Responsibilities: Understanding the legal obligations around waste management is essential. Businesses must ensure that they have robust waste management policies in place, detailing the classification, storage, transport, and disposal of all types of waste. Keeping up to date with the latest regulations is also crucial, as the legal framework evolves in response to emerging environmental challenges.
• Work with Licensed Waste Carriers: It is necessary to ensure that any third-party waste management organisation is properly licensed. Organisations should also request waste transfer notes or consignment notes for every collection, which serves as proof that the waste has been legally transferred.
• Classify and Label Waste Correctly: A significant amount of unintentional waste crimes is related to the misclassification of hazardous waste. Those responsible for waste management should educate themselves in identifying and segregating their waste streams accurately to avoid fines and environmental harm.
• Train Employees on Waste Management: Often unintentional waste crimes result from staff members being unaware of correct procedures. Providing training to all employees involved in handling waste can help ensure compliance with regulations. Training should cover how to identify different waste types, the correct use of labels and the documentation needed for lawful disposal.
• Audit Your Waste Management System: Regular audits of your waste management processes can help identify potential risks or non-compliance issues. These audits should check for correct classification, storage, transportation, and disposal practices, ensuring that every stage of the waste management process adheres to the law.
• Report Suspicious Activity: If your business encounters a waste operator who is offering suspiciously low prices or operating without visible regulatory compliance, you should report them. This will help prevent future waste crimes and protect legitimate waste management operators as well.
• Consult with Experts if Unsure: If you are unsure of whether your waste management practices are compliant with the updating regulations, consulting with experts on an updated waste management strategy is a good place to start.

Waste crime in the UK is a serious issue with wide-reaching consequences. For any type of organisation, the risk of becoming unintentionally involved in illegal waste activities are high, but with the right knowledge and practices, these risks can be mitigated and minimised. By adhering to legal obligations, working only with licensed operators, and investing in employee training and regular audits, FMs can ensure they stay compliant and avoid contributing to waste crime, even if it is unintentional.