Surrender of waste management licences: EPA 1990 s. 39
Sets out the procedure for surrender of a waste management licence under EPA 1990 s.39, including acceptance requirements and residual liabilities.
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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 39 allows a waste management licence holder to voluntarily surrender the licence. The surrender must be accepted by the regulator (the Environment Agency in England or Natural Resources Wales in Wales) before it takes effect. To obtain acceptance, the holder must apply and satisfy the regulator that the site is unlikely to cause pollution of the environment or harm to human health. Once accepted, the licence ceases to have effect, but the holder remains liable for any breach of licence conditions or other offences that occurred before the surrender, and the regulator may still take enforcement action for those past breaches.
When it applies
- A waste treatment company closes its facility and wants to end its licensing obligations.
- A landfill operator completes restoration of the site and seeks to surrender the licence after final capping.
- A licence holder sells the business and the buyer applies for a new licence, requiring the old one to be surrendered.
- A site has been remediated to regulatory standards and the holder submits a surrender application to confirm no further liability.
What this section does not say
- Does not automatically discharge the holder from liability for contamination that occurred before surrender (enforcement under s.42 may still apply).
- Does not allow the holder to avoid pending enforcement action or prosecution for past offences (those remain enforceable).
- Does not cover transfer of a licence to another person – that is governed by s.40.
- Does not affect the duty of care under s.34 or other waste obligations that apply regardless of licensing.
Related sections
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This page reproduces the text of EPA 1990 s. 39 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.