Every one of the 5.5 million businesses in the UK generates waste. This means that all businesses must comply with the Environmental Protection Act (EPA) 1990.
The EPA was created to replace the Control of Pollution Act (COPA) 1974. This act enforced stricter penalties to reduce pollution and improve waste management solutions, and covered nature conservation, litter, and genetically modified organisms.
With 164 sections detailing everything from clean air to radioactive substances, understanding today’s newer legislation can be challenging and time-consuming. In this EPA guide, we’ll focus on the key waste disposal regulations set out by this act, who should take notice, and how UK businesses can ensure full compliance.
Table of Contents
What is the Environmental Protection Act 1990?
The Environmental Protection Act 1990 regulates waste management and the release of greenhouse gas emissions in England, Scotland, and Wales.
The Act makes provisions to reduce and improve control over pollution to land, air, and water. This includes placing a duty of care on any individual or business that produces and disposes of waste to do so safely and responsibly. It also explains the penalties that should be enforced for non-compliance with this duty of care.
Complying with the EPA also helps businesses find more sustainable waste management methods and work towards the government’s 25-year environmental plan goals. These goals include achieving:
- Clean air
- Plentiful water
- Thriving plants and wildlife
- Fewer risks of harm from environmental hazards
- More sustainable use of resources from nature
- Enhanced beauty, heritage, and engagement with the environment
- Minimal climate change
- Reduced waste
- Lower exposure to chemicals
- Enhanced biosecurity
Who Does the Act Apply to?
The EPA must be followed by all individuals and organisations in England, Wales, and Scotland. Some sections apply also to those residing in Northern Ireland, particularly those that involve special provisions on hazardous waste and the importation and use of dangerous substances.
Any businesses that produce, keep, carry, import, treat, or dispose of controlled waste should take particular notice of the regulations set out by the Act. This will ensure safe, effective waste management practices that minimise emissions, protect the environment, and contribute to a cleaner, greener future for our planet.
What Does the Environmental Protection Act 1990 Cover?
The Environmental Protection Act 1990 consists of nine key parts. Each part is split into sections that explain how businesses should be protecting the environment.
Some parts of the Act have been replaced by newer legislation since its original creation, including Part 1 (Integrated Pollution Control), Part 2A (Contaminated Land), Part 5 (Amendment of the Radioactive Substances Act 1960) and Part 7 (Nature Conservation in Great Britain). The remaining parts of the EPA cover the following areas:
- Part 2: Waste on Land. This covers the collection, disposal, carrying, and treatment of controlled waste. It explains the duty of care of any business or person who keeps and manages controlled waste.
- Part 3: Statutory Nuisances and Clean Air. Noise and odour pollution like smoke, fumes, gasses, insects, and artificial light are statutory nuisances. This section offers clear definitions and discusses procedures for dealing with them.
- Part 4: Litter. People and businesses that throw down, drop, or deposit litter in any of the places listed in this section have committed an offence. Part 4 describes the penalties that local authorities can give to keep public highways clear.
- Part 6: Genetically Modified Organisms. Part 6 ensures that all appropriate measures are taken to prevent the escape or release of genetically modified organisms, which can damage the environment. This includes controls, inspections, enforcement powers, and offences.
- Part 8: Miscellaneous: The Miscellaneous section places controls on pollution at sea, dangerous substances, control of dogs, and straw and stubble burning. It prohibits the import, supply, storage, and use of dangerous substances.
- Part 9: General: The final part allows the Secretary of State to create regulations that empower European legislation and other international obligations. It covers the service of notices, financial provisions, and offences by corporate bodies.
Waste Management Regulations
Wondering how the EPA 1990 affects your business’s waste management policies?
Part 2: Waste on Land comprises two key sections, 33 and 34, that set out legislation for safe and effective waste disposal. All types of commercial waste and recyclable materials should be stored and disposed of following this legislation to prevent environmental harm, minimise pollution, and protect human health.
Here’s a detailed breakdown of what each of these sections covers:
Section 33
Section 33 of the Environmental Protection Act 1990 prohibits harmful waste management procedures. An individual or business should not:
- Deposit or knowingly permit controlled waste to be deposited on land without an environmental permit. This includes fly-tipping and mass waste disposal.
- Treat, keep, or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health.
Section 34
As part of Section 34, businesses have a duty of care to ensure responsible waste management. This includes preventing, reusing, recycling, or recovering waste (in that order) to reduce the amount of rubbish sent to landfills.
Any waste that’s generated by a business should be stored safely in accordance with these regulations:
- Waste should be kept in a secure place with suitable sealed containers
- Containers must be labelled with the type of waste they contain
- Containers should have waterproof covers
- Different types of waste should be stored separately to prevent contamination
The duty of care also states that only licensed waste carriers should collect, transport, and dispose of commercial waste. While you can register to be a licensed carrier, hiring a commercial waste management service eases this process and guarantees legal and environmental compliance.
Businesses that choose the latter option must:
- Check that the waste carrier is registered to dispose of waste
- Complete a waste transfer note for each load that leaves the premises
Are There Any Penalties for Non-Compliance?
Since it covers a wide range of environmental crimes, failing to comply with section 33 of the EPA is one of the most prosecuted offences. Businesses that don’t safely and legally dispose of their waste could face unlimited fines and a maximum 5-year custodial sentence.
For section 34, the Environment Agency can give first-time offenders a £300 fine. Extreme cases or repeat offenders are liable for unlimited fines if found guilty in court.
How to Ensure Compliance with the Environmental Protection Act
As part of the EPA Part 2, any business that stores, treats, or carries out waste disposal must have a waste management licence. Business owners must be registered with their national environmental regulator, which ensures they adhere to specific waste disposal conditions.
At Waste Direct, we have an extensive network of local waste collection partners who are fully licensed. Every partner is fully compliant with legal standards, including the Environmental Protection Act 1990, and just as committed to protecting the environment as we are.
As well as connecting you with vetted waste management partners, we can also help your business establish clear recycling policies. We provide commercial bins to separate general waste from recyclable materials and carry out regular waste audits to identify areas for improvement.
Contact Waste Direct today for more guidance on the EPA and to explore our flexible, tailored waste management solutions.
