Environmental Protection Act
The Environmental Protection Act 1990 is a common phrase quoted in relation to waste. That's because it is probably the most important and influential piece of waste legislation today. It is the main framework in relation to waste and how the environment is protected and regulated day-by-day.
The EPA:
- defines waste itself
- outlines the roles and functions of the waste collection authorities, the disposal authorities and the Environment Agency
- establishes and outlines the environment crimes in relation to waste
- regulates the waste management licensing system
- sets out the statutory duty of care in relation to waste
So what is classified as a waste offence?
Section 33(1) of the Environmental Protection Act 1990 states that it is an offence to:
- knowingly cause or permit controlled waste to be kept, treated or disposed of on any site or land, unless a waste management licence or appropriate permit has been issued which authorities the operation in question
All waste must be detailed with the appropriate EWC code (European Waste Catalogue) – this provides a description of the waste and it's a requirement for all licensed waste transfers
It is also an offence to keep, treat or dispose of controlled waste in a manner likely to generate pollution of the environment or harm to human health, and applies whether a waste management licence has been issued or not.
For a full rundown of the Environmental Protection Act 1990 visit http://www.opsi.gov.uk/acts/acts1990/Ukpga_19900043_en_1.htm
