The Environmental Protection Act 1990: What Businesses Need to Know

What Is the Environmental Protection Act 1990?

The Environmental Protection Act 1990 is an Act of Parliament that came into force in stages from 1990. It consolidates and extends earlier legislation – primarily the Control of Pollution Act 1974 – and establishes the legal framework for:

• Controlling industrial and air pollution
• Managing waste on land
• Remediating contaminated land
• Addressing statutory nuisances
• Protecting nature

The Act comprises nine Parts covering distinct areas of environmental law:

For most businesses, Part II (Waste on Land) is the most directly relevant. It is the part of the Act that creates the offences most commonly prosecuted and the duties most businesses need to understand.

Part II: Waste on Land

Part II of the EPA 1990 establishes the entire legal framework for waste management in England and Wales. It sets out who may legally handle waste, under what conditions, and with what documentation. The two sections at its core – Section 33 and Section 34 – apply to virtually every business in the country.

Section 33: Prohibition on Unauthorised Waste Disposal

Section 33 of the Environmental Protection Act 1990 makes it a criminal offence to deposit, treat, keep, or dispose of controlled waste unlawfully. It is the legal basis for fly-tipping enforcement and one of the most commonly prosecuted environmental offences in the UK.

Under Section 33(1), a person commits an offence if they:

• Deposit controlled waste – or knowingly cause or permit it to be deposited – on land without or not in accordance with an environmental permit
• Treat, keep, or dispose of controlled waste – or knowingly cause or permit it – in a manner likely to cause pollution of the environment or harm to human health
• Keep, treat, or dispose of controlled waste at premises without the relevant waste management licence or environmental permit

Section 33 Penalties

Section 33 cases can be heard in either the Magistrates’ Court or Crown Court:

For large corporate offenders, fines are calibrated by the UK Sentencing Council’s Environmental Offences Definitive Guideline, which sets escalating starting points based on the organisation’s turnover and the culpability and harm of the offence – meaning high-revenue businesses face proportionately larger financial penalties. Additional provisions allow the court to order the business to pay the costs of investigating and prosecuting the offence (Section 33A) and the costs of cleaning up any harm caused (Section 33B). In fly-tipping cases involving vehicles, the court can also order vehicle forfeiture under Section 33C.

Fixed penalty notices can be issued under Section 33ZA (England) as an alternative to prosecution for lower-level Section 33 offences.

Section 34: The Duty of Care

Section 34 of the Environmental Protection Act 1990 is the central compliance obligation for every business producing or handling waste. It places a duty of care on anyone who imports, produces, carries, keeps, treats, or disposes of controlled waste – or who acts as a waste broker – to take all reasonable measures to ensure that waste is handled safely and lawfully throughout its journey.

The duty applies from the moment waste is produced until it reaches its final point of disposal, recovery, or recycling. It does not end when waste leaves your premises – if waste you produced is subsequently fly-tipped by an unlicensed contractor, your business may still face enforcement action.

The Six Practical Steps of the Duty of Care

The Waste Duty of Care Code of Practice (2018) – statutory guidance issued under Section 34 – translates the legal duty into six practical obligations:

1. Describe your waste correctly – identify the waste type, assign the correct EWC code, and describe how it is stored or contained so it can be handled safely throughout the chain
2. Store waste safely and securely – prevent waste from escaping your control through leakage, spillage, or unauthorised access
3. Transfer waste only to an authorised person – verify that any carrier collecting your waste holds a valid waste carrier registration from the Environment Agency
4. Ensure waste reaches an authorised destination – confirm that the receiving facility holds the correct environmental permit or registered exemption for your waste type
5. Complete a waste transfer note for every transfer – or use an annual season ticket for regular collections; see our guide to waste transfer notes for the full documentation requirements
6. Retain waste transfer notes for at least two years – records must be kept from the date of each transfer and be available for inspection on request

Who the Duty of Care Applies To

The duty applies to any person or organisation that:

• Produces controlled waste (any business generating commercial waste)
• Imports controlled waste into England or Wales
• Carries controlled waste (waste carriers and hauliers)
• Keeps or stores controlled waste
• Treats, processes, or sorts controlled waste
• Disposes of controlled waste at an authorised facility
• Acts as a waste broker or dealer with control over waste

The only exemption is for occupiers of domestic property disposing of their own household waste. Commercial waste generated in home-based businesses is not exempt.

Section 34 Penalties

Section 34 breaches are criminal offences prosecuted under Section 34(6) of the Act:

• Fixed Penalty Notice (FPN): £300, issued under Section 34ZA (England) – discharges liability for that specific breach without prosecution
• Prosecution – Magistrates’ Court: unlimited fine
• Prosecution – Crown Court: unlimited fine

The severity of the penalty reflects the seriousness of the breach. Failing to produce a waste transfer note, using an unregistered carrier, or failing to retain records for the two-year period can all result in prosecution.

The Waste Duty of Care Code of Practice 2018

The Waste Duty of Care Code of Practice, last updated in 2018 and available on GOV.UK, is the primary guidance document for businesses fulfilling their Section 34 obligations. It applies to anyone handling controlled waste in England or Wales.

The Code provides detailed practical guidance on:

• How to classify and describe waste correctly (including EWC and SIC codes)
• Safe and secure storage requirements
• How to verify a carrier is registered and authorised
• Completing, exchanging, and retaining waste transfer notes
• When annual (season ticket) waste transfer notes can be used
• What to do if waste escapes your control

Compliance with the Code is the clearest evidence a business can produce that it has met its duty of care. Diverging from the Code without good reason makes it significantly harder to defend against enforcement action.

For a more detailed breakdown of your day-to-day duty of care obligations, see our dedicated guide to waste duty of care requirements.

Controlled Waste: What Does It Include?

Section 75 of the Environmental Protection Act 1990 defines the categories of waste to which Part II applies. Controlled waste means household, commercial, and industrial waste. Almost all waste produced by a business falls within this definition.

The three main categories are:

• Household waste – waste from domestic properties, caravans, residential homes, and similar premises
• Commercial waste – waste from premises used wholly or mainly for trade or business, sport, recreation, or entertainment
• Industrial waste – waste from factories and industrial premises

The Controlled Waste (England and Wales) Regulations 2012 provide additional detail on which specific types of waste fall into each category. Businesses should note that waste generated at business premises – even by sole traders working from home – is commercial waste and falls under full controlled waste obligations.

For hazardous waste specifically – which includes materials such as batteries, solvents, asbestos, fluorescent tubes, and clinical waste – additional obligations apply under the Hazardous Waste (England and Wales) Regulations 2005, which build directly on the EPA 1990 framework.

Part IIA: Contaminated Land

Part IIA of the Environmental Protection Act 1990 – inserted by the Environment Act 1995 – establishes the legal framework for identifying and remediating contaminated land in England. It is enforced primarily through local authorities and the Environment Agency.

Under Part IIA, local authorities have a statutory duty to inspect their areas for contaminated land and, where contamination is found, to identify who is responsible for remediation.

The “polluter pays” principle applies: wherever possible, the original polluter or the person who caused or knowingly permitted contamination is made responsible for clean-up costs. Where the original polluter cannot be found, liability may pass to the current owner or occupier of the land.

Businesses involved in activities that could contaminate land – manufacturing, chemical storage, waste processing, fuel distribution – should be aware of their potential liability under Part IIA. The potential financial exposure from a contaminated land notice can be substantial and is not capped.

Part III: Statutory Nuisances

Sections 79 and 80 of the Environmental Protection Act 1990 define statutory nuisances and provide the mechanism for local authorities to require businesses to address them.

Under Section 79, the following constitute statutory nuisances where they prejudice health or are a nuisance:

• Premises in such a state as to be prejudicial to health
• Smoke, fumes, or gases emitted from premises
• Dust, steam, or smell from industrial, trade, or business premises
• Accumulation or deposit harmful to health
• Noise emitted from premises or from or caused by a vehicle, machinery, or equipment

For waste management businesses, storage sites, transfer stations, and any premises where waste is handled, Sections 79-80 are directly relevant. If a local authority determines a statutory nuisance exists, it must serve an abatement notice under Section 80 requiring the nuisance to be stopped or restricted within a specified period. Failure to comply with an abatement notice is a criminal offence.

Part IV: Litter

Part IV of the EPA 1990 creates offences around the depositing of litter and refuse. Under Part IV, it is an offence to leave litter in a public place – including car parks, roads, and open land. Businesses operating vehicles or staff in public spaces have an obligation to ensure waste is not deposited unlawfully.

Crucially, depositing commercial waste in public litter bins is also unlawful – it constitutes using public infrastructure to avoid the cost of proper commercial waste disposal and can be prosecuted under both Part IV of the EPA 1990 and Section 33 (unlawful deposit of controlled waste).

How the EPA 1990 Underpins UK Waste Legislation

The Environmental Protection Act 1990 is not just a standalone piece of legislation – it is the legislative backbone from which most UK waste and recycling law is built. Understanding it gives context to the other obligations businesses face:

The Simpler Recycling regulations – requiring businesses to separate waste streams from March 2025 – were made directly under powers granted by the EPA 1990. The waste carrier licence requirements that businesses must satisfy when choosing a contractor also derive from the EPA 1990 framework.

Scotland, Wales and Northern Ireland

The Environmental Protection Act 1990 applies across Great Britain – England, Scotland, and Wales. Northern Ireland has separate but substantially equivalent legislation.

• Scotland: The EPA 1990 applies, enforced by the Scottish Environment Protection Agency (SEPA). However, several Scotland-specific amendments have been made – including provisions under the Circular Economy (Scotland) Act 2024 (asp 13) which inserts new sections into the EPA 1990 relating to waste minimisation and integrated waste management plans.
• Wales: The EPA 1990 applies, enforced by Natural Resources Wales (NRW). Wales-specific provisions include Section 34D, which addresses food waste disposal separately for Wales.
• Northern Ireland: The Pollution Control and Local Government (Northern Ireland) Order 1978 and subsequent legislation provide broadly equivalent protections, enforced by the Northern Ireland Environment Agency (NIEA).