Clean-up costs for waste offences: EPA 1990 s. 33B
Clean-up costs for illegal waste disposal are included as loss for compensation orders, and the limit is raised from £5000 to the full cost.
33B This section applies where a person is convicted of an offence— under section 33 above, in respect of a contravention of subsection (1) of that section consisting of the deposit or disposal of controlled waste or extractive waste ; under regulation 38(1) of the Environmental Permitting Regulations , in respect of a contravention of regulation 12 of those Regulations consisting of the disposal of waste. The reference in section 133(a) of the Sentencing Code (compensation orders) to loss or damage resulting from the offence includes costs incurred or to be incurred by a relevant person in— removing the waste deposited or disposed of in or on the land; taking other steps to eliminate or reduce the consequences of the deposit or disposal; or both. In subsection (2) above “ relevant person ” means— the Environment Agency; the Natural Resources Body for Wales; a waste collection authority; the occupier of the land; the owner of the land (within the meaning of section 78A(9) below). The reference in subsection (2) above to costs incurred does not, in the case of the Environment Agency , the Natural Resources Body for Wales or a waste collection authority, include any costs which the Agency , Body or authority has already recovered under section 59(8) below. Subject to subsection (6) below, in relation to the costs referred to in subsection (2) above, a reference in section 139(2) or (3) of the Sentencing Code (limit on amount payable) to £5000 is instead to be construed as a reference to the amount of those costs (or, if the costs have not yet been incurred, the likely amount). Subsection (5) above does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.
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
This provision applies when someone is convicted of illegally depositing or disposing of waste under section 33 of the Environmental Protection Act 1990 or under regulation 38(1) of the Environmental Permitting Regulations. It says that the costs of removing the waste or taking other steps to reduce its consequences count as "loss or damage" for the purpose of a compensation order under the Sentencing Code.
For a business or other undertaking, the usual £5000 limit on a compensation order is replaced by the full amount of those clean-up costs (or the likely amount if not yet incurred). That higher limit does not apply if the convicted person is an individual, not an establishment or undertaking – in that case the £5000 limit remains.
The costs must be incurred by a "relevant person", which includes the Environment Agency, the Natural Resources Body for Wales, a waste collection authority, the occupier of the land, or the owner of the land. Costs already recovered under section 59(8) of the Act are not counted again.
When it applies
- A company dumps construction waste on a field without a permit, and the Environment Agency pays for its removal.
- A person fly-tips household rubbish on a farmer's land, and the farmer pays to have it taken away.
- A waste disposal firm illegally disposes of hazardous waste, and the Natural Resources Body for Wales takes steps to clean up the site.
- An individual dumps a sofa on a public footpath, and the waste collection authority removes it and seeks compensation (but with the £5000 limit still applying).
What this section does not say
- This provision does not cover investigation costs – those are dealt with under section 33A.
- It does not apply to offences other than illegal waste deposit or disposal under section 33 or regulation 38(1) of the Environmental Permitting Regulations.
- It does not remove the £5000 limit for individuals – only for establishments or undertakings.
- It does not allow recovery of costs that have already been recovered under section 59(8).
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This page reproduces the text of EPA 1990 s. 33B 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.