The Environmental Protection Act 1990
The Environmental Protection Act 1990 (EPA 90) contains key provisions in relation to the management of controlled waste which all companies and organisations must comply. Many of the provisions of the EPA 90 have been implemented by Regulations made by the Secretary of State.
Environmental Protection Act 1990 – Part II
Part II of the EPA 90 deals specifically with the deposit of waste to land. Sections 33 and 34 contain the provisions most relevant to waste producers. Section 33 deals with the storage, treatment and disposal of waste and makes it an offence to:
1. Deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence conditions
2. Treat, keep or dispose of controlled waste (or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of) otherwise than in accordance with a waste management licence
3. Treat, keep or dispose of controlled waste in a manner likely to cause environmental pollution or harm to human health.
Section 34 of the EPA 90 establishes the Duty of Care for all those involved in the waste management chain.
Requirements of Environmental Protection Act 1990
• The requirements under Part II, Section 33 of the Act mean 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. This generally means it must be stored in suitable containers or a defined compound.
In accordance with above set procedure, T&M Recycling Yorkshire ensures that the storage of waste is contained within Duty of Care and in Practical Waste Management Storage facilities and equipment. This also applies to materials awaiting collection for recycling as well as disposal). It also means that, when disposing of waste, it is prudent to check that it is being disposed of at a properly licensed/permitted site and in accordance with the conditions of the licence/permit for that site. Ask to see a copy of the operating licence/permit and conditions for the site to which your waste is taken. It is also the responsibility of the producer of the waste to ensure that enough information about the nature of the waste is provided to ensure that licence/permit conditions are met.
• Section 34 of the EPA 90 imposes a Duty of Care on all those who import, produce, carry, keep, treat or dispose of controlled waste.
• Section 89 of the EPA 90 contains requirements for the management of waste with which organisations and companies must comply.