Waste management licence requirement - EPA 1990 s. 35
EPA 1990 s.35 requires a waste management licence for treating, keeping or disposing of controlled waste and sets out general conditions for the licence.
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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 35 of the Environmental Protection Act 1990 (EPA 1990) requires that any person who treats, keeps or disposes of controlled waste must have a waste management licence. It also sets out the general conditions that must be satisfied for a licence, including the 'fit and proper person' test.
The term 'controlled waste' is defined in the Act and includes household, commercial and industrial waste. The specific processes for applying, granting, varying, revoking, surrendering and transferring licences are detailed in sections 36 to 43 of the same Act.
This section does not itself create an offence for unauthorised waste management; that is found in section 33. However, the requirement for a licence under this section is the foundation for those offences.
When it applies
- A construction company needs a licence to store and dispose of waste soil and rubble from a demolition site.
- A hospital must have a licence for the disposal of clinical waste.
- A farmer wants to spread sewage sludge on his fields as fertiliser – this may require a licence if the sludge is controlled waste.
- A small business collects used cooking oil from restaurants and stores it for recycling – they need a licence.
- A landfill operator applies for a licence to operate a new cell.
What this section does not say
- This section does not cover the specific offences for depositing waste without a licence – those are in section 33.
- It does not set out the duty of care for waste handlers (section 34).
- It does not provide the procedure for appealing a licence decision (section 43).
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This page reproduces the text of EPA 1990 s. 35 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.