page_title: Environmental Protection Act 1990
section_title: National and local government responsibilities
hierarchical_section_title: Environmental Protection Act 1990 / Part II - Disposal of controlled waste on land / National and local government responsibilities
context_page_description: The Environmental Protection Act 1990 is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.
context_section_description: Sections 44A and 44B were added by the Environment Act 1995 and require the development of national waste strategies for England and Wales, and Scotland respectively.
  Section 45 requires waste collection authorities, usually local authorities, to collect household waste unless it is in an isolated location or arrangements can reasonably be expected to be made by the person who controls the waste. They may also collect commercial waste if requested to do so, but are not obliged to provide this service. Industrial waste can only be collected with the consent of the waste disposal authority. No charge is to be made for collecting household waste, unless the Secretary of State makes regulations specifying certain (i.e. specific) collections that must be paid for. A reasonable charge is to be made for commercial waste collection (s.45(4)). Waste collection authorities have responsibilities for emptying privies and cesspools and have the power to lay pipes, sewers and other infrastructure to collect waste. Waste collected by a waste collection authority is the property of the authority.
  The authority can give a householder notice that waste must be disposed of in a specified receptacle, and in a specified manner. It is a crime to fail, without reasonable excuse, to observe such requirements. On summary conviction in a magistrates' court, an offender can be fined up to level 3 on the standard scale.
  Authorities also have powers over receptacles for commercial and industrial waste. There is a system of fixed penalty notices for offences under these sections. Where controlled waste is deposited on land within their responsibilities, authorities may give notice to the occupier to remove it. It is a crime to disturb or sort over, unless with consent, waste deposited for collection by the waste collection authority. On summary conviction in a magistrates' court, an offender can be fined up to level 5 on the standard scale.
  Waste collection authorities must deliver the waste to waste disposal authorities unless they intend to recycle it themselves. Waste disposal authorities must dispose of the waste and also provide facilities for householders to deposit their own waste.
  From 31 December 2010, waste collection authorities in England must make arrangements for the separate collection of at least two types of recyclable waste unless it would be unreasonably costly to do so. The Welsh National Assembly has the power to extend this to Wales. Section 55 gives waste disposal authorities and waste collection authorities powers to recycle waste.
  A disposal authority may:
  Make arrangements to recycle waste;
  Make arrangements to use waste to produce heat or electricity;
  Buy or otherwise acquire waste with a view to its being recycled;
  Use, sell or otherwise dispose of waste, or anything produced from such waste.
  A waste collection authority may:
  Buy or otherwise acquire waste with a view to recycling it;
  Use, or dispose of by way of sale or otherwise to another person, waste belonging to the authority or anything produced from such waste.
caption: A typical wheelie bin household waste receptacle
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