EPA 1990 s. 47: Commercial/industrial waste receptacles
Section 47 allows authorities to supply or require receptacles for commercial/industrial waste, with charges, notice requirements, and 21-day appeal period.
A waste collection authority may, at the request of any person, supply him with receptacles for commercial or industrial waste which he has requested the authority to arrange to collect and shall make a reasonable charge for any receptacle supplied unless in the case of a receptacle for commercial waste the authority considers it appropriate not to make a charge. If it appears to a waste collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality, the authority may, by notice served on him, require the occupier of the premises to provide at the premises receptacles for the storage of such waste of a kind and number specified. The kind and number of the receptacles required under subsection (2) above to be used shall be such only as are reasonable , but an English waste collection authority may require separate receptacles or compartments of receptacles to be used for the purposes of complying with section 45AZB so far as it applies to waste of the kind in question . In making requirements as respects receptacles under subsection (2) above, the authority may, by the notice under that subsection, make provision with respect to— the size, construction and maintenance of the receptacles; the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose; the placing of the receptacles for that purpose on highways or, in Scotland, roads; the substances or articles which may or may not be put into the receptacles and the precautions to be taken where particular substances or articles are put into them; and the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles. the removal of the receptacles placed for the purpose of facilitating the emptying of them; and the time when the receptacles must be placed for that purpose and removed. No requirement shall be made under subsection (2) above for receptacles to be placed on a highway or, as the case may be, road unless— the relevant highway authority or roads authority have given their consent to their being so placed; and arrangements have been made as to the liability for any damage arising out of their being so placed. A requirement imposed on an occupier by a waste collection authority in Wales by a notice under this section does not apply so far as the requirement duplicates or conflicts with a requirement imposed on the occupier under section 45AA(4). A person who fails, without reasonable excuse, to comply with any requirements imposed under subsection (2) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. Where an occupier is required under subsection (2) above to provide any receptacles he may, within the period allowed by subsection (8) below, appeal to a magistrates’ court or, in Scotland, to the sheriff by way of summary application against any requirement imposed under subsection (2) or (4) above on the ground that— the requirement is unreasonable; or the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality. The period allowed to the occupier of premises for appealing against such a requirement is the period of twenty-one days beginning with the day on which the notice making the requirement was served on him. Where an appeal against a requirement is brought under subsection (7) above— the requirement shall be of no effect pending the determination of the appeal; the court shall either quash or modify the requirement or dismiss the appeal; and no question as to whether the requirement is, in any respect, unreasonable shall be entertained in any proceedings for an offence under subsection (6) above. In this section— “ receptacle ” includes a holder for receptacles; and “ specified ” means specified in a notice under subsection (2) 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 section gives waste collection authorities the power to supply receptacles (like bins) for commercial or industrial waste upon request. They must make a reasonable charge unless they decide not to charge for commercial waste.
If the authority thinks that waste on premises is likely to cause a nuisance or harm the amenities, they can serve a notice requiring the occupier to provide receptacles of a specified kind and number. The notice can include rules about size, placement, and what can be put in. The requirements must be reasonable.
The occupier has 21 days to appeal to a magistrates' court against the notice on the grounds that it is unreasonable or the waste is not likely to cause nuisance. While the appeal is pending, the requirement has no effect. Failure to comply without reasonable excuse is a criminal offence punishable by a fine up to level 3 on the standard scale.
When it applies
- A restaurant asks the council to supply wheelie bins for its food waste.
- A waste collection authority notices that a factory's uncovered waste bins attract rats, so it serves a notice requiring the factory to use sealed containers.
- An occupier receives a notice requiring separate compartments for recyclable waste, but argues it is unreasonable.
- A business fails to provide the required receptacles and is prosecuted.
- A council charges a company for supplying a large skip for industrial waste.
What this section does not say
- This section does not cover household waste receptacles (that is section 46).
- It does not cover the separate collection of dry recyclable waste and food waste in Scotland (section 45C).
- It does not cover the penalties for failing to comply with household waste receptacle requirements (section 46A).
- It does not cover the duties of waste disposal authorities to receive waste (section 51).
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This page reproduces the text of EPA 1990 s. 47 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.