The Environmental Protection Act 1990 (EPA 1990) is a key piece of UK legislation designed to improve waste management and reduce pollution. It introduced stricter rules for how waste is handled, stored, and disposed of, clearly placing responsibilities on both businesses and individuals.
Whether you’re an office whose waste is mainly paper, plastics and electronics, or a construction and demolition site handling hazardous materials, your business has a legal duty of care for the waste you produce, all the way to its final disposal.
The Environmental Protection Act 1990 is a complex piece of legislation with many different sections, covering everything from fumes to litter, and we’re here to help. We’ll look at the key points in the Act affecting businesses and how you can ensure you’re compliant.
Overview of the Environmental Protection Act 1990
The Environmental Protection Act 1990 is a central piece of legislation for England, Wales and Scotland, covering everything from household rubbish to commercial and industrial waste.
The Environmental Protection Act 1990 supersedes the Control of Pollution Act 1974, and aims to reduce environmental harm by setting clear standards for handling waste and reducing pollution. It reinforces the idea that environmental protection is a responsibility we all share: as individuals, households, and businesses.
Local Authorities (LA) and the Environment Agency are responsible for enforcing the 1990 Act in England. In Wales, the LA and Natural Resources Wales (NRW) are responsible for enforcing the Act, and in Scotland it’s the LA and the Scottish Environment Protection Agency (SEPA), and in Northern Ireland it’s the LA and the Northern Ireland Environment Agency (NIEA).
These bodies can investigate complaints and breaches, issue penalties, and act when standards are not met. The Environment Agency (and its respective counterparts) mainly manage licensing of waste handlers and focus on larger-scale operations, such as industrial facilities or waste treatment sites.
Compliance Requirements at a Glance
Under the Environmental Protection Act 1990, businesses have a legal duty to ensure that the waste they produce or hold does not damage the environment.
In a nutshell, this means they must:
- Sort waste. Businesses must identify and classify waste before it’s sent for recycling or disposal.
- Store waste safely and securely. Waste must be kept in suitable containers that do not allow leakage, contamination, or access by other users. A business must meet the conditions of a waste management licence.
- Fill in a waste transfer note for each load of waste that leaves a business’s premises and keep it for a minimum of two years.
- Check waste carriers’ credentials. Businesses must check that anyone to whom waste is handed over is authorised to take it. You can check online if your waste carrier is registered with the Environment Agency.
- Ensure the waste carrier does not dispose of waste illegally (and report them if they do).
Now, let’s look at a few key points.
Obtaining a Waste Management Licence
If your business uses, recycles, treats, stores or disposes of waste, you may need a waste management licence. The relevant environmental regulator issues this permit and sets out the conditions under which waste can be legally managed. You can find out online if you need a waste management licence.
Working with Licensed Waste Carriers
Commercial premises are legally required to use licensed waste carriers when transferring waste off-site, to ensure waste is handled and disposed of correctly. This means you can trace where your waste goes and be confident it won’t be illegally dumped or mismanaged.
You can check whether a waste carrier is licensed using the public register provided by the Environment Agency or ask your waste partner to confirm their credentials.
Record-Keeping and Documentation
Businesses must keep clear records of how their waste is managed. Section 34 of the Environmental Protection Act 1990 includes maintaining waste transfer notes for each load that leaves the site.
Each holder of the waste must describe it to enable subsequent holders to handle, transport, treat, recover, or dispose of it lawfully and safely. These records need to be kept for at least two years and should be available for inspection. To help our customers keep their records and data in easy reach, Waste Mission provides a portal for contracted customers, making compliance simple.
Key Provisions of the Environmental Protection Act 1990
The Environmental Protection Act 1990 contains 164 separate sections, but two of those most relevant to businesses are Sections 33 and 34 in Part II of the legislation – ‘Waste On Land’.
Waste Management Regulations – Section 33
Section 33 prohibits the unauthorised or harmful deposit, treatment, or disposal of waste. It makes it an offence to deposit, treat, or dispose of waste without proper authorisation. This includes fly-tipping and other illegal waste activity, which carries serious penalties, including fines and imprisonment. For businesses, this means commercial waste must only be handled and disposed of through approved channels.
Duty of Care for Waste – Section 34
Under Section 34, businesses have a legal duty to take all reasonable steps to ensure their waste is stored securely on site, transferred to only licensed carriers, and disposed of properly. This duty applies throughout the waste chain—from on-site storage to final disposal. Keeping clear records, such as waste transfer notes, is part of meeting this requirement.
Controlling Pollution and Statutory Nuisances
The Act also covers environmental issues beyond waste, including smoke, excessive noise, dust, and odours that could affect public health or the local environment. Local authorities can serve an abatement notice to address such ‘statutory nuisances’, outlining the necessary steps to mitigate the issue.
The Cost of Non-Compliance
Failure to comply with the Environmental Protection Act 1990 has serious consequences for businesses. These may include fines, legal notices, or, in more serious cases, prosecution.
In cases of deliberate or repeated non-compliance, especially when it leads to environmental harm or risks to public health, penalties may extend to prison sentences of up to five years. Individuals or company officers can be held accountable if there’s evidence of negligence or intent.
As mentioned previously, the Environment Agency or local authorities are responsible for enforcing the Act.
The Benefits of Compliance
For businesses that take environmental responsibility seriously, compliance becomes part of their work and who they are, not just a box to tick. It can also support broader goals:
Protecting the Environment. By following the rules set out in the Act, your business can help cut emissions, prevent contamination, protect nature and human health, and keep harmful materials out of natural ecosystems. Over time, consistent compliance helps create cleaner, safer environments for employees and local communities.
Improving Business Reputation. A strong environmental track record can strengthen your brand, support your marketing efforts, and build trust with customers, suppliers, and employees. If you’re working in competitive or regulated sectors, it may also improve your access to tenders, partnerships and sustainability-focused supply chains.
Avoiding Unnecessary Costs. Compliance is a sound financial decision, too. However, fines, clean-up operations, and reputational harm from enforcement action can be expensive, not just in terms of money but also time and disruption.
Financial Incentives. Good waste practices often yield cost-saving opportunities, too. For example, by sorting and recycling valuable commodities such as plastics, you can reduce the volume of waste sent to landfills, lower disposal fees,and even open up new revenue streams.
Expert Guidance and Resources
There’s plenty of support available to help businesses meet their obligations under the Environmental Protection Act 1990.
Consulting Environmental Health Officers
While Environmental Health Officers' main role is regulatory, they can also offer guidance on compliance, particularly regarding waste storage, handling, and local nuisance issues.
If concerns are raised about your business’s environmental impact, EHOs at your local council may be your first point of contact. Engaging with them early and constructively can help address issues before they escalate, and demonstrate your commitment to responsible practice.
Accessing Government and Industry Resources
A wide range of government and industry resources are available to help businesses understand their responsibilities under the Environmental Protection Act 1990. These include official guidance documents such as the Waste Duty of Care Code of Practice, compliance toolkits, and online portals from regulators such as the Environment Agency.
Industry bodies and trade associations also publish sector-specific advice, making applying the regulations to your particular operations easier.
Training and Certification Programmes
Training and certification can help businesses gain the knowledge they need to confidently manage environmental responsibilities. Courses such as the IEMA Foundation Certificate introduce key principles of environmental management, including best practices in waste handling. Training also supports a stronger internal culture around environmental responsibility.
Choosing a Waste Management Partner
Working with a licensed waste management provider is key to meeting your obligations under the Environmental Protection Act 1990. As the waste producer, you are responsible for checking that any contractor you use is properly authorised. That includes asking for their waste carrier licence and confirming it through the Environment Agency’s public register.
But a good partner will do more than collect your waste. They’ll offer advice on correctly sorting, storing and documenting waste, helping you avoid contamination, reduce risk and stay compliant.
At Waste Mission, we work with businesses across all sectors to manage waste responsibly, in line with current regulations. Our team provides practical support on everything from day-to-day collections to long-term compliance, giving you peace of mind that your waste is in safe hands. Our customer portal also helps you easily stay on track of compliance, waste transfer notes, collections and impact.
Please book a waste review today to learn how to make the most of your waste for the environment and your business.
