Duty of Care: Offences

It is an offence under section 33 (1) of EPA 1990 to deal with or illegally dispose of controlled waste. The only means of defence are:

• That the offence has been 'knowingly' undertaken
  
  
• It is not applicable to domestic waste arising from a domestic house.
  
  
• The accused took all necessary precautions and acted with due diligence.
  
  
• The offence was undertaken in order to protect the community from danger or arose from an emergency situation.
  
  
• The person's employer had requested them to carry out such an action and that neither had known that they were in breach of EPA 1990.
  
  

Under section 34 (the Duty of Care Provisions) it is an offence to fail to take all applicable measures within reason:

• To prevent any other person contravening section 33 above. Failure to check the activities of a waste carrier who contravenes Duty of Care could be an offence.
  
  
• To prevent the escape of waste into the environment.
  
  
• To transfer waste to an authorised person, or to provide a written description of the waste. The categories of authorised persons are:
  
  
1. A waste collection authority (WCA)
   
   
2. The holder of a waste management licence or someone who is exempt from holding a licence
   
   
3. A register carrier of controlled (directive) waste, or someone who is exempt from registration
   
   
4. A waste Disposal Authority (WDA) in Scotland.
   
   

Under section 60 it is an offence to interfere with the operation of a waste site.

The Controlled Waste Regulations 1992 (SI 1992 No.588) detail some exemptions.

Penalties

For offences under section 33 the penalties are:

On summary conviction or indictment:

• 6 months' imprisonment (maximum)
  
  
• a maximum fine of £20 000
  
  
• the prison sentence and the fine mentioned above
  
  

With Special waste - on summary conviction:

• 6 months' imprisonment (maximum)
  
  
• a maximum fine of £20 000
  
  
• the prison sentence and the fine mentioned above
  
  

On indictment:

• an unlimited fine, or
  
  
• up to five years prison sentence (in the case of Special Waste).
  
  
• the prison sentence and the fine mentioned above
  
  

For offences under section 34 or section 60:

On summary conviction:

• a fine of up to £5 000
  
  

On indictment:

• an unlimited fine
  
  

Certain wastes are considered separately:

• Radioactive wastes. Refer to the Radioactive Substances Act 1993)
  
  
• Explosives. Refer to the Explosives Act 1875
  
  
• Mineral Wastes. Refer to planning legislation.
  
  

UK waste regulation incorporates:

• European. (Refer to the framework Directive 75/442/EEC).
  
  
• International. (Refer to the Basle Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal, 1989).