CONDITIONS FOR HIRE OF SKIP

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Published Jointly by the Road Associated Ltd. And the National Federation of Building Trades Employers.

In these conditions; 'owner' means registered carrier, 'hirer' means person or company to which accounts are rendered.
'vehicle' means the vehicle which is delivered or collecting the skip which is the subject of the contract. 'driver' means the driver of the vehicle. 'the site' means the place where the skip is deposited on the directions of the hirer.
The owner enters into the agreements for hire of skips and disposal of contents upon the following conditions.

1. No agent or employee of the owner is permitted to alter or vary these conditions in any way to give any consent thereunder unless he is authorised to do so.

2. The owner will use his best endeavors to comply with the hirer's requirements but can accept no responsibility for failure to supply or any delay in supplying skips which may be caused directly or indirectly by any circumstances beyond the owners control or any unforeseen or abnormal conditions or by ant act or neglect on the part of the hirer.

3.
a) Except as specifically otherwise agreed in writing the owner shall be under no obligation to deposit the skip elsewhere than on a highway.
b)The hirer shall save harmless and keep the owner indemnified against any claim, demand or penalty arising out of the period of the skip on the site and which could not have been made had the skip not been placed on site.

4. The hirer shall direct the driver where to deposit or pick up the skip.

5. Where the driver is directed to deposit or pick up the skip on or from a site which is off a highway the owner shall be under no liability whatsoever to the hirer of any damage howsoever caused whilst the vehicle is off a highway either than such as might have been caused by negligent driving on the part of the driver without prejudice to the generality of Condition 3 (b) the hirer shall subject as above save harmless and keep the owner indemnified against any claim or demand which could not have been made had the driver not been so directed. The hirer will compensate the owner for any damage to the vehicle or the skip which would not have occurred had the driver not been so directed and which is not due to any negligent driving on the part of the driver.

6. The time allowed for depositing or picking up a skip is ten minutes. If the vehicle is kept waiting longer than this after arrival the hirer shall be liable for reasonable demurrage.

7. The hirer shall ensure that all permissions required before the skips can lawfully be deposited on the site including the permission required under the Highways Act 1971 have been or will be obtained before he directs the driver to deposit the skip.

8. The hirer shall not move the skip from the site without consent of the owner.

9.
a) The hirer shall ensure that no waste to which Section 3 (1) of the Deposit of Poisonous Waste Act 1972 applies will be placed in the skip without the written consent of the owner.
b) If any waste to which the said section applies is placed in any skip the hirer shall immediately give the notices required by the said section and send copies of such notices to the owner.

10. The hirer shall ensure from the time that the skip is deposited until it is picked up again by the owner;
a) It is properly sited in accordance with the permission given.
b) It is properly coned and lighted during the hours of darkness.
c) No fires are lit in it.
d) It is filled no higher than the top sides.
e) It suffers no damage except fair wear and tear.

11. Notwithstanding the terms of condition 10 it shall be the owner's responsibility to ensure compliance with any condition imposed by a highway authority relating to the marking of the skip with reflective paint.

12. Except as specifically otherwise agreed in writing the hirer shall fill the skip within the period of hire and shall inform the owner in good time of its readiness for collection or replacement. Periods in excess of 7 days casual hire charged at £10 per week or part thereof.

13. The owner shall ensure that the skip is clearly and indelibly marked with his name and telephone number or address.

14. The owner will remove or reposition the skip if required at any time to do so by a Highway authority or constable in uniform under section 32 of the Highway Act 1971.

15. Except as specifically otherwise agreed in writing the owner agrees to dispose of the contents of the skip.

16. No special waste as listed on S.I. 1980 / 1709 including asbestos, solvents, minerals or greases.

ENVIRONMENTAL PROTECTION ACT 1990

Duty of care etc. as respects to waste

34. 1. Subject to subsection (2) below, it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such measures applicable to him in that capacity as are reasonable in the circumstances
a) to prevent any contravention by any other person of section 33;
b) to prevent the escape of waste from his control or that of any other person; and
c) on the transfer of the waste to secure-
i) that the transfer in only to an authorised person or to a person for authorised transport purposes; &
ii) that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section and to comply with the duty under this subsection as respects the escape of waste.

2. The duty imposed by subsection (1) above does not apply to an occupier of domestic property as respects the household waste produced on the property.

3. The following are authorised persons for the purpose of subsection (1) ( c) above -
a) any authority which is a waste collection authority for the purpose of this part;
b) any person who is the holder of a waste management licence under section 35 or of a disposal licence under section 5 of the Control of Pollution Act 1974.
c) Any person to whom section 33 (1) above does not apply by virtue of regulations under subsection (3) of that section;
d) any person registered as a carrier of controlled waste under section 2 of the Control of Pollution (Amendment) Act 1989;
e) any person who is not required to be so registered by virtue of regulations under section 1 (3) of that act; and
f) a waste disposal authority in Scotland.

4. The following are authorised transport purposes for the purposes of subsection (1) ( c ) above - a) the transport of controlled waste within the same premises between different places in those premises;
b) the transport to a place in Great Britain of controlled waste which has been brought from a country of territory outside Great Britain not having been landed in Great Britain until it arrives at that place; and
c) the transport by air or sea controlled waste from a place in Great Britain to a place outside Great Britain; and "transport" has the same meaning in this subsection as in the Control of Pollution (Amendment) Act 1989.

5. The secretary of state may, by regulations, make provision imposing requirements on any person who is subject to the duty imposed by subsection (1) above as respects the making and retention of documents and the furnishing of documents or copies of documents.

6. Any person who fails to comply with the duty imposed by subsection (1) above or with any requirement imposed under subsection (5) above shall be liable -
a) on summary conviction, to a fine not exceeding the statutory maximum; and
b) on conviction on indictment, to a fine.

7. The Secretary of State shall, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the duty imposed on them by subsection (1) above.

8. The Secretary of State may from time to time revise a code of practice issued under subsection (7) above by revoking, amending or adding to the provisions of the code.

9. The code of practice prepared in pursuance of subsection (7) above shall be laid before both Houses of Parliament.

10. A code of practice issued under subsection (7) above shall be admissible in evidence and if any provision of such a code appears to the court to be relevant to any arising in the proceedings it shall be taken into account in determining that question.

11. Different codes of practice may be prepared and issued under subsection (7) above for different areas.

ANNEX C REGULATIONS ON KEEPING RECORDS

C.1. The Environmental Protection (Duty of Care) Regulations 1991 (made under section 34 (5) of the Act) require all those subject to the duty to make records of waste they receive and consign, keep the records and make them available to waste regulation authorities.

C.2. The regulations require each party to any transfer to keep a copy of the description which is transferred. An individual holder might transfer onward the description of the waste that he received unchanged in which case it would be advisable for the sake of clarity to endorse the description for onward transfer to the effect that the waste was sent onwards as received. If a different description of waste is transferred onwards, whether or not this reflects any change in the nature or composition of the waste, then copies of both descriptions must be made. The holder making the copy need not be the author of the descriptions, which will often be written only by the producer and reused unchanged by each subsequent holder.

C.3. The regulations also require the parties to complete, sign and keep a transfer note. The transfer note contains information about the waste and about the parties to the transfer.

C.4. While all transfers of waste must be documented, nothing in the regulations requires each individual transfer to be separately documented. In the case of, for example, weekly or daily collections of waste from outside shops or commercial premises, or the removal of a large heap of waste by multiple lorry trips this would be unrealistic because of the number of individual loads and the absence of any necessary contact between the parties to the transfer. It would be reasonable for a single transfer note to cover multiple consignments of waste transferred at the same time or over a period ( not exceeding a year ) provided that the description and all the other details on the transfer note ( who and what the parties are ) are the same for all consignments covered by the note. A single transfer note could not cover a series of transfers between different holders nor transfers of wastes of different descriptions.

C.5. The regulations require these records (both the descriptions and the transfer notes ) to be kept for at least two years. Holders must provide copies of these records if requested by any waste regulation authority.

C.6. One purpose of documentation source of use to other holders. It is open to holders to ask each other for details from records, especially to check what happened to waste after it was consigned. A holder might draw conclusions and alert the waste regulation authority to any suspected breach of the duty if such a request was refused.

C.7. There is no compulsory form for keeping these records. It is recognised that a number of holders already keep records of waste in a manner that meets there requirements of the regulations with little or no further adaptation. A suggested standard form for voluntary use is included in this Annex.

C.8. Breach of any provision of the regulations is an offence.