Environmental law - waste management
Q. We’ve been approached by a “waste management firm” who claim they can take care of all our rubbish. Are there any risks?
A. The Environmental Protection Act1990 says that you must ensure your waste is only transferred to, and disposed of, by the local authority or a licensed disposal contractor. This applies to controlled waste - which means practically everything other than that produced by a private household. As the Environment Agency has made waste disposal a priority (unlimited fines in the Crown Court and directors at risk personally) you really have to take the issue seriously. However, there are plenty of cowboy outfits operating. We’ve heard that they’ll take your rubbish with the promise that “everything will be taken care of in accordance with the law” and then fly tip it somewhere (anywhere - could be the woods where you walk your dog). If it’s discovered, there’s likely to be a clear trail back to you (letterhead, order forms etc.) and it’s you that’s likely to be prosecuted. So always ask to see the contractor’s waste disposal licence.
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