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What are the waste law penalties Breach of the EPA 1990 regulations is a criminal act. Breach of s.33 carries a maximum fine on summary conviction of £50,000 and/or imprisonment for up to 12 months, or for conviction on indictment an unlimited fine and imprisonment for up to five years for offences involving both hazardous and non-hazardous waste. www.encams.org Failure to comply with the Duty of Care (s.34) carries a maximum fine on summary conviction of £5,000, or if convicted on indictment, an unlimited fine. Breaching s.35 EPA 1990 by making false statements in support of an application for a waste management licence, carries a statutory maximum penalty of £5,000. Failing to meet licence conditions is an offence under s.33(6) and can result in a £50,000 fine in the Magistrates Court or unlimited fine in the Crown Court. Illegal disposal of any waste now carries an unlimited fine and imprisonment for up to five years if convicted on indictment (under s.33 EPA 1990). Breaching the Control of Pollution (Amendment) Act 1989 by carrying controlled waste without registration is a summary offence with a maximum fine of £5,000. WASTE Failure to produce waste carrier registration details is subject to a Fixed Penalty Notice of £300 (or any other amount specified by an Appropriate Person) under the Control of Pollution (Amendment) Act 1989 as amended by the CNEA 2005. 31
www.encams.org WASTE What can individuals do about business waste Members of the public should report nuisance waste from businesses to the local authority, which has a legal duty to deal with the problem (in relation to certain types of land to which the public has access). If individuals feel that the local authority has not responded to their complaint, they can apply to the Magistrates’ Court for a Litter Abatement Order under s.91 EPA 1990. Noncompliance with this order can lead to prosecution by a local authority or the Environment Agency. Disposal of hazardous waste There are certain items of waste that are liable to special disposal regulations. For the disposal of fridges and freezers, for example, there are specific guidelines that must be followed. Legally all ozone-depleting substances (ODS) (including CFCs and HCFCs) must be removed from refrigeration equipment before it is scrapped. This includes ODS in the cooling system of the refrigerator and the insulating foam inside the walls and door. It is the local authority’s responsibility to ensure that all ODS are removed from a fridge or freezer before disposal. The local authority is obliged to provide a collection service for bulky items, although it can charge a collection fee. Alternatively, individuals can take their appliance to the local civic amenity site (tip) for disposal free of charge. This will ensure that the old appliance is disposed of safely. If local traders offer to collect and dispose of appliances, owners must check that they intend to dispose of them in accordance with the law (see s.34 EPA 1990). There are also special regulations for the disposal of tyres. Tyres must be collected by a registered waste carrier, and it is the legal duty of the person disposing of the tyres to check the carrier’s registration. All waste tyres must be taken to an authorised facility and a waste transfer note must be in force for every transfer of waste tyres. It is essential that copies of all waste transfer notes be retained for at least two years. Failure to comply with these regulations is a criminal offence. 32
Page 1 and 2: A GUIDE TO IMPROVING YOUR LOCAL ENV
Page 3 and 4: www.encams.org INTRODUCTION About E
Page 6 and 7: LITTER www.encams.org What is litte
Page 8 and 9: • The Secretary of State, for any
Page 10 and 11: Controlling the distribution of fre
Page 12 and 13: Refuse Disposal (Amenity) Act 1978,
Page 14 and 15: If individuals feel that the duty b
Page 16: Transport interchanges (Includes, r
Page 19 and 20: www.encams.org Irresponsible gum di
Page 21 and 22: www.encams.org - Any esplanade or p
Page 23 and 24: www.encams.org What can individuals
Page 25 and 26: www.encams.org ENCAMS produced a se
Page 28 and 29: WASTE - DOMESTIC & BUSINESS www.enc
Page 30 and 31: Who is responsible for business was
Page 34 and 35: Action will be taken to prosecute t
Page 36 and 37: FLY-TIPPING www.encams.org What is
Page 38 and 39: • Illegal dumping can often invol
Page 40 and 41: Section 33C Forfeiture of vehicles
Page 42 and 43: • Did anyone else witness the fly
Page 44 and 45: ABANDONED & NUISANCE VEHICLES www.e
Page 46 and 47: What action can local authorities a
Page 48 and 49: The results of the campaign far exc
Page 50 and 51: FLYPOSTING www.encams.org What is f
Page 52 and 53: Highways Authorities • Can remove
Page 54 and 55: Highways Act 1980, s.132 It is an o
Page 56 and 57: GRAFFITI www.encams.org What is gra
Page 58 and 59: Sale of Aerosol Paint to Children (
Page 60: A total of 123 MPs signed up to the
Page 63 and 64: www.encams.org NEIGHBOUR NOISE What
Page 65 and 66: www.encams.org NEIGHBOUR NOISE Nois
Page 67 and 68: www.encams.org They also have a rig
Page 70 and 71: ANTI-SOCIAL BEHAVIOUR www.encams.or
Page 72 and 73: The contract will specify a list of
Page 74 and 75: Part 2 Housing Gives local authorit
Page 76 and 77: GLOSSARY www.encams.org Abandoned V
Page 78 and 79: Defra Defra (Department for Environ
Page 80 and 81: Highways Agency The Highways Agency
Page 82 and 83:
Parish Council A Secondary Authorit
Page 84 and 85:
NOTES www.encams.org
Page 86 and 87:
NOTES www.encams.org
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