The Environmental Protection Act 1990 (EPA) is the most important statute that covers waste management in England, Scotland, and Wales. It establishes the fundamental structure and authority for waste management. This includes legal responsibilities for waste collection, removal, and disposal. All businesses that produce, move, store, treat, dispose of, or recycle waste must comply with the EPA.
It was introduced to replace the Control of Pollution Act 1974 (COPA). This involved bringing in new regulations to improve management systems for waste and pollution, aiming to strengthen pollution control by enforcing stricter penalties. The act also covers statutory nuisances, litter, genetically modified organisms (GMOs), and nature conservation.
Currently, the Environmental Protection Act 1990 has nine parts comprised of 164 sections. Reading through pages of legislation that doesn’t apply to your organisation could take hours and lead you nowhere. Save time with our succinct Environmental Protection Act 1990 overview focused on its application for waste management.
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The main points of the EPA that apply to businesses regarding their waste management are covered in this brief Environmental Protection Act 1990 summary:
The Environmental Protection Act 1990 covers the legal responsibilities for controlling pollution of land, air, and water, as well as waste disposal. There are nine parts to the UK Environmental Protection Act 1990. Each part has many sections that cover different areas aimed at protecting the environment. The nine parts of the EPA cover:
The purpose of the Environmental Protection Act 1990 is to set out the structure and authority of waste management and emissions control in England, Wales, and Scotland. It aims to protect the environment with controls that work towards reducing air pollution, carbon emissions, and harmful waste disposal practices.
The act outlines the obligations of businesses and individuals to protect the environment, as well as enforcement processes and penalties for non-compliance. This includes the need for a waste management licence, litter offences, and national waste strategies for England, Wales, and Scotland.
The Environmental Protection Act applies to every business and person in England, Wales, and Scotland. It’s particularly important for any organisation that produces, imports, carries, keeps, treats or disposes of any type and amount of controlled waste. Every company should ensure its practices are compliant with the EPA to operate safely.
Part II of the Environmental Protection Act 1990 covers waste on land and focuses on waste management. Within this are two important sections regarding waste disposal – sections 33 and 34. Section 33 covers the storage, treatment, and disposal of waste, while section 34 establishes a duty of care for those involved with waste management.
All commercial waste must be stored, removed, and disposed of in line with the obligations covered in these sections of the EPA. Even though you’ll likely use a waste management company to transport and dispose of your business waste, you must be aware of the act to ensure safe, legal, and responsible disposal.
The Environmental Protection Act 1990 covers waste disposal in these two sections:
Section 33 of the Environmental Protection Act 1990 covers the prohibition on unauthorised or harmful depositing, treatment, or disposal of waste. It’s one of the most prosecuted environmental offences, as section 33 of the Environmental Protection Act 1990 covers everything from fly-tipping to mass illegal waste disposal. Essentially, it makes each of the following actions an offence that can result in punishments and prosecution:
Cases can be heard in the Magistrates Court or the Crown Court for any breach of section 33 of the Environmental Protection Act 1990. Convictions can lead to penalties for any offences committed that fall under section 33 of the Environmental Protection Act 1990, which may include:
Section 34 of the Environmental Protection Act 1990 assigns a duty of care to businesses and individuals for waste disposal. Essentially, any organisation that produces, imports, keeps, stores, transports, treats, or disposes of any type or amount of controlled waste is responsible for ensuring reasonable steps are taken for proper management of the waste.
Section 34 of the Environmental Protection Act 1990 ensures all businesses that generate waste must keep it safe, ensure it’s handled responsibly and only passed onto authorised businesses. The main duty of care obligations covered in section 34 of the Environmental Protection Act 1990 mean businesses must:
The severity of the breach of any part of section 34 of the Environmental Protection Act 1990 affects the potential punishment under UK law. Section 34 penalties of the Environmental Protection Act can include:
Various penalties and fines may apply for any breaches of the EPA. Environmental Protection Act 1990 fines can vary depending on under which section the offence occurs. For example, section 33 offences can lead to an unlimited fine and a maximum custodial sentence of up to five years.
The Environment Agency and local authorities can enforce punishments in breach of the EPA. Individuals and businesses could be guilty of an offence under section 34 if another person or company dumps their waste. First-time offences can result in an on-the-spot fine of £300 and a warning, while repeat or severe offences could lead to a court hearing.
Cases might go to the Magistrates Court or the Crown Court based on the specifics of the offence. Further punishment can include the revoking of licences. Ensuring all your commercial waste is handled by licensed individuals and businesses is vital to avoid facing any Environmental Protection Act 1990 penalties.
At Business Waste we’re commercial waste management experts. We only work with licensed waste carriers and ensure all waste is stored, removed, and disposed of safely and legally in line with the Environmental Protection Act 1990. Our team of friendly experts are happy to answer any questions you have or offer advice for your waste management solutions.
Contact us online or call 0800 211 8390 and speak to one of our friendly team for additional Environmental Protection Act 1990 guidance today.
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Published 19th July 2023 by Mark Hall. Last modified 14th November 2025
