Environment Agency
The protection of human health and the environment against harmful effects caused by collection, transport, treatment, storage and disposal of waste is controlled under the Environmental Permitting (England and Wales) Regulations 2016 (as amended) for land based operations. Waste operations in estuarine and marine waters are controlled by the Marine Management Organisation through marine licensing under the Marine and Coastal Access Act 2009. A system of permits and plans set out essential factors to be taken into consideration in respect of various waste treatment, recovery and disposal operations.
The carriage of waste is regulated by the Control of Pollution (Amendment) Act 1989, Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, the Hazardous Waste (England and Wales) Regulations 2005, and the Waste (England and Wales) Regulations 2011 which include a system of registration and waste transfer notes (now called waste information).
Part II of the Environmental Protection Act (EPA) 1990 prohibits deposit of waste or knowingly causing or permitting such waste to be deposited in or on any land except in accordance with an appropriate environmental permit. This is reinforced by a statutory waste duty of care (Section 34 EPA 1990) which applies to you if you import, produce, carry, keep, treat, dispose of or, as a dealer or broker have control of, certain waste in England or Wales. It requires that waste is only passed to an authorised person and that appropriate measures are taken to prevent the escape of waste from their control or that of another person. By conforming to the duty of care, waste holders also commit to managing their waste in line with the waste hierarchy, aiming to minimise waste and ensure that resource value is maintained at the highest point in the chain of utility (Circular Economy).
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