Residuos y regulación ambiental
Deber de cuidado de residuos, vertido ilegal y permisos ambientales.
Introducción
La regulación de residuos impone obligaciones de gestión responsable de residuos y prohíbe el vertido ilegal.
In Brief
Anyone producing, holding, or transporting controlled waste has a duty of care under s.34 Environmental Protection Act 1990 to ensure it is properly managed. Fly-tipping (depositing waste without a permit) is a criminal offence under s.33 EPA 1990 with unlimited fines and up to 5 years' imprisonment on indictment. Waste management facilities need an environmental permit from the Environment Agency. Waste carriers must register with the Environment Agency. The 'polluter pays' principle applies to contaminated land under Part IIA EPA 1990.
Principios fundamentales
Duty of Care (s.34 EPA 1990) — All producers and handlers of waste must take reasonable measures to prevent unauthorised disposal, ensure waste is only transferred to authorised persons, and provide waste transfer notes.
Waste Hierarchy — EU-derived principle requiring prevention, reuse, recycling, recovery, and disposal as last resort.
Environmental Permitting — Waste management facilities require an environmental permit from the Environment Agency.
Fly-Tipping (s.33 EPA 1990) — Offence to deposit controlled waste on land without a permit. Unlimited fine and/or up to 5 years' imprisonment on indictment.
Hazardous Waste — Subject to additional controls under the Hazardous Waste Regulations 2005. Must be segregated and disposed of through authorised routes.
Producer Responsibility — Producers of packaging, electronics (WEEE), batteries, and end-of-life vehicles have specific duties to fund collection and recycling.
Contaminated Land (Part IIA EPA 1990) — Regime for identifying and remediating contaminated land. 'Polluter pays' principle applies.
Leyes clave
Environmental Protection Act 1990
Environment Act 1995
Environment Act 2021
Casos principales
R v Environment Agency ex p Dockgrange
[1997] Env LR 575
Thames Water v Bromley LBC
[2013] EWCA Civ 482
Escenarios comunes
Waste dumped on your land
Report fly-tipping to the local authority or Environment Agency. The landowner is not automatically liable but may be required to clear the waste. Check if CCTV or evidence identifies the offender.
Starting a waste collection business
Must register as a waste carrier with the Environment Agency. Upper tier registration required for those who regularly carry waste. Comply with duty of care requirements.
Related Careers
Frequently Asked Questions
Who is responsible for clearing fly-tipped waste on private land?
The landowner is generally responsible for clearing waste fly-tipped on their land, even though they did not deposit it. The local authority or Environment Agency may require removal but will not always fund it. However, if the offender can be identified, the landowner may seek to recover costs or report to the police for investigation under s.33 Environmental Protection Act 1990.
What is the duty of care for waste and does it apply to individuals?
The statutory duty of care under s.34 Environmental Protection Act 1990 applies to businesses and organisations that produce, carry, or dispose of controlled waste. It does not apply to householders disposing of their own household waste, though it is an offence for anyone to deposit waste illegally. Businesses must ensure waste is only transferred to authorised carriers and obtain a waste transfer note.
What is the penalty for fly-tipping in England and Wales?
Fly-tipping is a criminal offence under s.33 Environmental Protection Act 1990. On summary conviction, the maximum penalty is a £50,000 fine and/or 12 months' imprisonment. On conviction on indictment, the maximum is an unlimited fine and/or 5 years' imprisonment. Local authorities can also issue fixed penalty notices for smaller-scale depositing offences.
Do I need a licence to handle or dispose of hazardous waste?
Yes. Hazardous waste is subject to additional controls under the Hazardous Waste (England and Wales) Regulations 2005. Premises producing more than 500kg of hazardous waste per year must register with the Environment Agency. Hazardous waste must only be transferred to an authorised waste carrier and disposed of at a permitted facility. Consignment notes must be completed and kept.
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
Know Your Rights
Get Professional Help