Everyone who produces, imports, keeps, stores, transports, treats or disposes of waste must take all reasonable steps to ensure that waste is managed properly. This duty of care is provided under section 34 of the Environmental Protection Act 1990 (EPA). It also applies to anyone who acts as a broker and has control of waste. A breach of the duty of care could lead to a penalty of up to £5,000 if convicted in the Magistrates Court or an unlimited fine if convicted in the Crown Court.
Householders must ensure that household waste is properly disposed of. Household waste is defined in section 75(5) of the Environmental Protection Act 1990 and includes waste from domestic properties, caravans and residential homes. The householder duty of care is provided by Section 34(2A) of the Environmental Protection Act 1990 (inserted by the Household Waste Duty of Care Regulations 2005). A breach of the household duty of care would also attract penalties up to £5,000 on conviction in the Magistrates Court or an unlimited fine if convicted in the Crown Court.
If you have waste:
If you collect waste from others:
If you are a householder, you are required to take reasonable steps to check that people removing waste from your premises are authorised to do so.
Reasonable steps to take:
Environmental Protection Act 1990
Waste (Household Waste) Duty of Care (England & Wales) Regulations 2005
The Waste (Household Waste Duty of Care) (Wales) Regulations 2006
Clean Neighbourhoods and Environment Act 2005
The Environmental Protection Act 1990 (EPA) and other relevant UK laws (see our Law Search page) regulate how waste should be managed. These laws establish a number of waste offences, punishable by a fine or prison term.
Under S.33 of the EPA 1990 (amended in 1995), it is an offence to:
If convicted in the Magistrates court, the maximum punishment for these offences is 12 months imprisonment and /or a fine of £50,000. In the Crown court, it could run to a 5 year jail term or an unlimited fine.
Please note that the above offences relate more to businesses (particularly those involved in waste management) than to domestic households.
Householders do not require a licence for their waste. However, it is an offence for householders to dispose of waste in a way that is harmful to the environment or human health. The legislation is primarily targeted at fly-tipping and other illegal waste transfer that cost local authorities millions of pounds to clear up.
Local councils now have more powers to penalise illegal fly tipping. Fixed penalty notices can be issued or a person can be prosecuted for an offence, and face imprisonment and/or a fine.
Under the Clean Neighbourhoods and Environment Act 2005, local authorities have the powers to issue fixed penalties on households who fail to put out their rubbish at the proper time for collection. Some local authorities treat waste put out at the wrong time as fly-tipping.
To avoid fixed penalty fines of up to £100, please check your waste collection dates. (Contact your local authority for more information.) See also the section on litter.
Please Note: This section provides an overview of waste offences and cannot be relied on as legal advice. If you are in doubt as to whether you are acting within the law, please seek legal advice. If you suspect someone has committed a waste offence such as fly tipping, call the Environment Agency (England and Wales) of SEPA (Scotland).
Environmental Protection Act 1990
The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005
Clean Neighbourhoods and Environment Act 2005
