Environmental
Protection Act (EPA) 1990
This is the single
most important piece of environmental legislation of recent times. It
controls many aspects of how the environment is protected and regulated
in daily lives.
The EPA 1990 (amended 1995) provides the main statutory framework in relation
to waste. In particular the document:
- defines waste
- outlines the roles
and functions of the waste collection authorities, the disposal authorities
and the Environment Agency,
- establishes the
criminal offences in relation to waste
- lays down the
waste management licensing system
- establishes the
statutory duty of care in relation to waste
Waste
Offences:
Section 33(1) makes it an offence to:
- deposit controlled
waste
- knowingly permit
controlled waste to be deposited in or on land
- keep, treat or
dispose of controlled waste
- knowingly cause
or permit controlled waste to be kept, treated or disposed of unless
a waste management licence has been issued.
It
is also an offence to keep, treat or dispose of controlled waste in a
manner likely to cause pollution of the environment or harm to human health.
(This applies whether a waste management licence has been issued or not).
Definition of Waste
The legal definition of waste comes from Section 75(2) of the Environmental
Protection Act 1990 (EPA 1990) which defines waste as any substance or
object laid down in Schedule 2B (see below) which the holder discards,
intends to discard or is required to discard.
A number of factors are considered when defining something as waste. Circular
11/94 highlights whether the substance or object has fallen out of the
commercial cycle or out of the chain of utility.
The categories laid down in Schedule 2B are:
- Production of
consumption residues
- Off-spec products
- Products past
their expiry date
- Materials spilt,
lost or having undergone mishap including materials, equipment etc contaminated
as a result
- Contaminated or
soiled materials as a result of planned action
- Contaminated or
soiled materials as a result of remedial action (on land)
- Unusable parts
- Substances which
no longer perform satisfactorily
- Residues resulting
from:
- industrial
processes
- pollution
abatement processes
- machining
or finishing
- raw material
extraction / processing
- Contaminated materials
- Any substances,
products or material banned by law
- Unwanted products
- Anything else
not categorised above!
Categories
of Waste
Controlled waste can be split into the following categories:
(Contact your local office for the full text for exact definitions and
clarification)
- Household
Applies broadly to households, places of worship, charity premises,
private garages, camp sites, prisons, public meeting venues, royal palaces,
residential homes, educational establishments and hospitals.
- Industrial
Applies broadly to waste arising from factories, public transport premises,
premises used to supply services (water, gas, electricity, telecommunications
etc), commercial garages, laboratories, workshops and excavation works.
Also applies to certain categories of sewage and clinical waste.
- Commercial
Defined broadly as waste from premises used wholly or mainly for the
purposes of trade, business, sport or recreation. It includes waste
from offices, showrooms, hotels, large private garages, clubs, societies
etc, and waste classified as ‘industrial’ or ‘household’
from courts, government departments, local authorities, corporate bodies,
markets, fairs and tents not pitched on a campsite.
Commercial waste does not include waste from any quarry or agricultural
activity within the meaning of the Agriculture Act 1947.
Please note:
These statements are for your assistance and may not be complete for your
company’s particular circumstances. If in any doubt you are advised
to consult your local Groundwork office or the Environment Agency to ensure
that any action you take is within the law.
Environment Agency:
Northwest Regional office (Warrington) – 01925 653 999
Sub-regional offices:
Northern area office (Carlisle) – 01228 25151
Central area office (Preston) – 01772 339882
Southern area office (Sale) – 0161 973 2237
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