Environmental Protection Act 1990

Environmental Protection Act 1990

 

Summary

Section 33 of the EPA deals with the treatment, storage and disposal of waste. It makes it an offence to:

  • deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited on land unless it is done in accordance with the provisions of the waste management licence.
  • treat, keep or dispose of controlled waste (or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of) in a manner likely to cause pollution of the environment or harm to human health.

The Act requires that, while on site, waste must be stored in such a way as to prevent it from causing damage to the environment or posing a risk to human health, i.e. it must be stored in appropriate containers or as a defined compound, such as stone (monolithic waste). The licence/permit also requires that the containers be labelled with an accurate and detailed description of their contents to ensure future waste handlers treat them correctly. See the Waste Acceptance Procedures (WAPs) below, under the Landfill Regulations.

Further to this the EPA requires that those organisations treating, storing or disposing of waste on behalf of third parties must obtain a permit from the competent authority. This permit should be specific to the types and quantities of waste to be treated and would specify the general technical requirements and the precautions to be taken by the permit holder. The competent authorities may periodically check that the conditions of the permit are being met.

  

 

Implications

In accordance with the "polluter pays" principle, the contractor disposing of the waste is responsible for the cost of its disposal. Builders must ensure that they only pass waste onto landfill sites/ recycling facilities with the appropriate certification to handle that sort of waste, e.g. different certificates will be required for hazardous and non-hazardous waste.

Builders disposing of waste should ask to see a copy of the operating licence/permit and conditions for the site to which they are taking their waste. It is also their responsibility to ensure that the waste is appropriately labelled to ensure that licence/permit conditions are met.

Breaches of this legislation could result in successful prosecution in criminal courts, followed by civil action for damages caused by the crime. Statutory nuisance could apply if the waste on the building site is prejudicial to health or is a nuisance, e.g. smell. This later rule is only applicable in England.

Builders disposing of their own waste would require a permit. Builders are not allowed to burn waste.

  

 

Overlaps

Section 34 of the EPA 90 establishes the Duty of Care for all those involved in the waste management chain. The Duty of Care provides guidance on the storage of waste in line with the EPA.

Landfill Directive - monolithic waste will require certificates to process it - builders should ensure these exist before passing on waste.

Landfill Regulations- COPA 1989 makes it an offence to allow any solid waste matter or any poisonous, noxious or polluting matter to enter any controlled waters. This ties in with the EPA requirement to store the waste in such a way as to prevent damage to the environment.

 

 

Guidance

Guidance is available from the following sources: