"I can confirm that we did receive your previous letter and my letter was sent on the 18/08/09 in response to this. I can also acknowledge that i did receive the 3 copies of invoices supplied to you by .....' clearances, however this is not a valid waste transfer note.
I note that you have made arrangements with ........ clearances to collect your controlled waste and having made enquiries with both the company and the Environment Agency, that these are suitable providing that the waste is fully contained at all times within the described brick outhouse at your own property. However, I must request that you obtain and keep, for a minimum of 2 years, all waste transfer notes relating to waste collected from you by this company. These arrangements must fully comply with the Duty of Care in accordance with section 34 of the Environmental Protection Act 1990.
I also note that you leave old and faulty heating system parts with your customers as proof that you have completed the work as agreed. I can understand the reason behind this, however I don't agree that these parts belong to your customers. The reason for this being that you, in your expertise, decide which parts are faulty etc and need replacing. At this stage they are still part of the heating system and therefore still are in use and not waste. Once the decision to remove is made by you and subsequently removed f, the part is then no longer in use and becomes waste. This waste is controlled waste produced through your business and it is your responsibility to dispose of in a legal manner. By leaving this waste with your customers as you currently do, you are breaching your Duty of Care because your are effectively transferring controlled waste to your customers to dispose of without them being allowed to do so and also as no waste transfer note is obtained. Also, if this waste is placed into the customers' domestic waste bin, which is highly likely, then technically an offence is being committed under the illegal deposit of waste (commonly known as fly tipping, however there is much more to this offence than simply taking waste down a country lane and dumping it) in contravention of section 33 of the Environmental Protection Act 1990 and this is punishable through magistrates. I hope now you can appreciate this and cease carrying out this practice immediately.
In relation to the section 47 Notice served, this was as a result of the issue being highlighted that you had no real means of legal disposal in place except for using .......... clearances on limited occasions. You are more than welcome to lodge an appeal against this notice through Leeds Magistrates Court and the details can be found at the bottom of the original notice. However, if you need further details then you can contact Leeds Magistrates direct on 0113 306 2800 or by letter at The Court House, 1 Oxford Row, Leeds, West Yorkshire, LS1 3BG. Please note that there will be an administration charge payable to the courts for this. However, should you keep to the agreed arrangements with the containment of waste at your own property and disposal through Adams' clearances and all the appropriate documentation is kept as listed above, i will withdraw the s47 notice on this occasion. "
