Revocation and suspension of waste licences EPA 1990 s. 38
EPA 1990 s.38 allows the Environment Agency to revoke or suspend a waste management licence for breach of conditions, risk of pollution, or danger to health.
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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
A waste management licence authorises the keeping, treatment, or disposal of controlled waste. Section 38 gives the Environment Agency power to revoke or suspend that licence. Suspension makes the licence temporarily ineffective; revocation ends it permanently.
The Agency may take these steps if the licence holder fails to comply with any condition, if the licensed activity is causing or likely to cause pollution or harm to human health, or if the holder ceases to be a fit and proper person. The Agency must serve a notice stating the reasons and allow a period for the holder to make representations.
The section also sets out the effect on the holder's obligations, including duties to continue waste management or prevent pollution. The holder may appeal to the Secretary of State under section 43.
When it applies
- A waste operator fails to maintain a fence around a hazardous waste site as required by the licence.
- A landfill operator accepts waste types not permitted by the licence.
- The licence holder is convicted of an environmental crime.
- A site causes groundwater contamination despite repeated warnings.
- The holder goes bankrupt and abandons the site.
What this section does not say
- This section does not deal with the grant or variation of licences (sections 36 and 37).
- It does not cover the surrender or transfer of licences (sections 39 and 40).
- It does not provide compensation for revocation; that is in section 35A.
- It does not cover appeals; those are under section 43.
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This page reproduces the text of EPA 1990 s. 38 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.