The Environmental Protection Act 1990 (EPA) is a set of rules that help protect the environment in England, Scotland, and Wales.
It makes sure UK businesses handle their waste properly by setting standards for collection, moving, and disposal.
This Act replaced the Control of Pollution Act 1974 (COPA) and also is designed to help stop pollution and, therefore, includes serious fines for businesses that are deemed to harm the environment.
The Environmental Protection Act 1990 covers things like waste, noise, and keeping nature safe. It’s a huge piece of documentation and includes over 164 sections. But we have taken out the parts that are to do with waste management so you know what your business needs to do when it comes to your waste.
Table of Contents:
- Simple Breakdown of the Environmental Protection Act 1990 for Businesses
- Key Responsibilities for Businesses Outlined by the Environmental Protection Act 1990
- How to Stay Compliant with the Environmental Protection Act 1990
- Penalties for Non-Compliance
- Get Bespoke Business Guidance For The Environmental Protection Act 1990
Simple Breakdown of the Environmental Protection Act 1990 for Businesses
Here’s a simple breakdown of what businesses need to know about the Environmental Protection Act 1990:
- Controlled Waste: Includes household, industrial, or commercial waste.
- Section 33: Businesses must properly store, treat, or dispose of waste.
- Duty of Care (Section 34): Businesses are responsible for safely handling waste.
- Illegal Actions: Dumping waste in ways that harm people or the environment is a crime.
- Waste Licence: A licence is needed to manage waste properly, and businesses must register with regulators like the Environment Agency.
- Waste Collections: Businesses should use a licenced waste collector to take their waste from their bins and dispose of it at an appropriate facility.
Key Responsibilities for Businesses Outlined by the Environmental Protection Act 1990
As a business owner, understanding and following the Environmental Protection Act 1990 will ensure you meet legal obligations while playing your part in environmental protection. Here’s what you need to focus on:
Duty of Care (Section 34)
Businesses must take responsibility for their waste from creation to disposal. This includes making sure the waste is stored securely, transported by licensed waste carriers, and disposed of responsibly. You must also maintain detailed records (waste transfer notes) to prove your compliance.
Waste Management (Section 33)
It’s illegal to dispose of waste without proper authorisation. Fly-tipping (illegal dumping) can lead to severe penalties, including large fines or imprisonment. Businesses must ensure that any waste disposal practices align with approved methods.
Controlling Pollution and Nuisance
The Environmental Protection Act covers statutory nuisances, including excessive noise, smoke, and smells. If your business creates pollution, you could face enforcement action, such as fines or clean-up costs. Businesses should take reasonable steps to minimise these nuisances to avoid legal action.
How to Stay Compliant with the Environmental Protection Act 1990
To comply with the Environmental Protection Act, businesses should:
- Use registered waste carriers: Always verify the credentials of anyone handling your waste. You can check their registration on the government’s waste carrier list.
- Maintain records: Keep detailed records of all waste transfers, including waste transfer notes, for at least two years.
- Avoid pollution: Minimise emissions or discharges that could pollute land, air, or water.
- Address nuisances: Ensure that your business activities don’t create significant noise, odors, or other nuisances.
Penalties for Non-Compliance
Failing to meet the Environmental Protection Act 1990’s requirements can lead to significant fines, imprisonment, or both, depending on the severity of the breach. For example, fly-tipping or improper waste disposal can attract penalties of up to £50,000 in fines or a prison sentence.
Get Bespoke Business Guidance For The Environmental Protection Act 1990
The Environmental Protection Act 1990 may seem complex, but understanding your obligations as a business owner is essential to avoid legal penalties and contribute to a healthier environment.
Our team of friendly experts are happy to help with any questions you may have and address any concerns about your waste and keeping legally compliant.
