Fixed penalty for waste document failure - EPA 1990 s. 34A
Enforcement authorities can issue a £300 fixed penalty notice for failing to provide waste duty of care documents, giving 14 days to pay to avoid prosecution.
34A This section applies where it appears to an enforcement authority that a person has failed to comply with a duty to furnish documents to that authority imposed under regulations made at any time under section 34(5) above. The authority may serve on that person a notice offering him the opportunity of discharging any liability to conviction for an offence under section 34(6) above by payment of a fixed penalty. Where a person is given a notice under this section in respect of an offence— no proceedings may be instituted for that offence before expiration of the period of fourteen days following the date of the notice; and he may not be convicted of that offence if he pays the fixed penalty before the expiration of the period. A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence. A notice under this section must also state— the period during which, by virtue of subsection (3) above, proceedings will not be taken for the offence; the amount of the fixed penalty; and the person to whom and the address at which the fixed penalty may be paid. Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (5)(c) above at the address so mentioned. Where a letter is sent in accordance with subsection (6) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. The form of a notice under this section is to be such as the appropriate person may by order prescribe. The fixed penalty payable to an enforcement authority under this section is, subject to subsection (10) below, £300. The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (9) above. The enforcement authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority. The appropriate person may by regulations restrict the extent to which, and the circumstances in which, an enforcement authority may make provision under subsection (11) above. In any proceedings a certificate which— purports to be signed on behalf of the chief finance officer of the enforcement authority, and states that payment of a fixed penalty was or was not received by a date specified in the certificate, is evidence of the facts stated. In this section— “ chief finance officer ”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority; “ enforcement authority ” means the Environment Agency , the Natural Resources Body for Wales or a waste collection authority.
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 section applies when an enforcement authority (the Environment Agency, Natural Resources Wales, or a waste collection authority) believes a person has failed to provide documents required under regulations made under section 34(5) of EPA 1990 (the duty of care for waste). The authority can serve a fixed penalty notice offering the person the chance to avoid prosecution by paying a fixed penalty.
The fixed penalty is £300, but the authority can reduce it if paid earlier (subsection 11). The notice must give details of the alleged offence, the 14-day period during which proceedings cannot be started, the penalty amount, and where to pay. Payment can be made by post and is considered paid when the letter would be delivered in the ordinary course. The form of the notice is prescribed by order.
Key points: paying the fixed penalty within the 14-day period discharges liability for the offence under section 34(6). No proceedings can be instituted during that period. A certificate signed by the chief finance officer of the enforcement authority is evidence of payment or non-payment.
When it applies
- A waste carrier fails to provide copies of waste transfer notes to the Environment Agency when requested under regulations.
- A business does not furnish documents showing waste disposal records to the local waste collection authority.
- A skip hire company ignores a request for documentation about the disposal of waste from a construction site.
- A householder fails to provide evidence of proper waste disposal as required by the duty of care regulations.
- A scrap metal dealer does not provide records of waste receipts to the regulatory authority.
What this section does not say
- This section does not cover the actual duty to keep waste documents (that is governed by section 34).
- It does not cover offences of illegal dumping or unauthorised deposit of waste (section 33).
- It does not cover the power to search and seize vehicles (section 34B).
- It does not set the fixed penalty for other offences under Part II of EPA 1990.
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. 34A 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.