Transition to waste disposal companies - EPA 1990 s. 32
Section 32 governs the transition to waste disposal companies: establishment, transfer of assets, and ongoing responsibilities of local authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 32 sets out the process for a local authority to transfer its waste disposal functions to a waste disposal company. It covers how the company is formed, what property and staff are transferred, and the authority's limited role after the transfer. The section also deals with the winding‑up of the company and the disposal of any surplus assets.
This provision is part of Part II of the Environmental Protection Act 1990, which regulates waste management in England and Wales. It does not set technical standards or create criminal offences; those are dealt with elsewhere in the Act.
When it applies
- A local authority forms a waste disposal company to take over household waste collections and needs to know which assets (vehicles, depots, landfill sites) must be transferred.
- A waste disposal company is being wound up and the local authority wants to recover a recycling plant originally transferred under section 32.
- A dispute arises over whether a loan from the council to the company is permitted under the limits set by this section.
- A local authority merges its waste disposal company with another authority's company and must follow the transition rules for the combined entity.
What this section does not say
- This section does not regulate the technical standards for waste disposal or treatment; that is covered by waste management licences under section 35 and regulations.
- It does not create the criminal offence of unauthorised waste deposit; that is section 33.
- It does not impose the duty of care on waste holders; that is section 34.
- It does not govern public registers of waste information; those are under section 20.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 32 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.