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Obligations and compliance
Home   Bins, litter and recycling   Commercial Waste and Recycling   Obligations and compliance

Obligations and compliance

Legal compliance

Businesses in Scotland have a responsibility to recycle the waste that they produce, as per the Waste (Scotland) Regulations 2012. SEPA - Duty of care - Zero Waste guidance note.

Food businesses could be liable for fines of up to £10,000 if not complying. SEPA recycling (including food waste) guidance. You are considered to be a food business if your business processes, distributes or sells food, which includes restaurants, hot food carry outs and hotels.

Self-catering establishments

Waste produced at self-catering/holiday home/AirBnB type accommodation is defined as commercial waste under the Environmental Protection Act 1990 and the Environmental Protection (Duty of Care) (Scotland) Regulations 2014 and cannot be collected as a part of the domestic waste collection services.

Commercial Waste 4

Non-domestic rates payable to the Council do not include payment for trade waste collection and disposal. Any waste produced is subject to commercial waste and recycling charges. The Council reserves the right to consult non-domestic rates records to verify if a property is listed.

Charity or voluntary organisations

If you are a charity or voluntary organisation and you transport waste, or you only carry waste that you have produced as a result of your business (excluding construction and demolition waste) you must be on SEPA's Register of Professional Collectors and Transporters of Waste. There is no charge for this type of registration. Waste Carriers Registration Guidance applies.

Waste carriers registration guidance

If you deal with your own business waste, or for profit on behalf of others, then you must register as a waste carrier to legally transport this waste. You must use a registered and legal site for disposal and this does not allow for use of Council centres. All records of disposal must be maintained. It is an offence to transport controlled waste if you are not a registered carrier and you may be fined up to £5,000. You must register even if you transport controlled waste only periodically.

Contact the Scottish Environment Protection Agency (SEPA) for an application for registration and cost details. Legal requirements for carrying or disposing of commercial and trade waste can be found on the Net Regs website.