Duties of waste collection authorities: EPA 1990 s. 48
EPA 1990 s. 48: waste collection authorities must deliver waste to directed places, may recycle, and waste disposal authority can object. Not for Scotland.
Subject to subsections (2) and (6) below, it shall be the duty of each waste collection authority to deliver for disposal all waste which is collected by the authority under section 45 above to such places as the waste disposal authority for its area directs. A waste collection authority in England which is not also a waste disposal authority must discharge its duty under subsection (1) above in accordance with any directions about separation of waste given by the waste disposal authority for its area. The duty imposed on a waste collection authority by subsection (1) above does not, except in cases falling within subsection (4) below, apply as respects household waste or commercial waste for which the authority decides to make arrangements for recycling the waste; and the authority shall have regard, in deciding what recycling arrangements to make, to its waste recycling plan under section 49 below. A waste collection authority which decides to make arrangements under subsection (2) above for recycling waste collected by it shall, as soon as reasonably practicable, by notice in writing, inform the waste disposal authority for the area which includes its area of the arrangements which it proposes to make. Where a waste disposal authority has made . . . arrangements, as respects household waste or commercial waste in its area or any part of its area, . . . to recycle the waste, or any of it, the waste disposal authority may, by notice served on the waste collection authority, object to the waste collection authority having the waste recycled; and the objection may be made as respects all the waste, part only of the waste or specified descriptions of the waste. Where an objection is made under subsection (4) above, subsection (2) above shall not be available to the waste collection authority to the extent objected to. A waste collection authority may . . . provide plant and equipment for the sorting and baling of waste retained by the authority under subsection (2) above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A waste collection authority may permit another person to use facilities provided by the authority under subsection (6) above and may provide for the use of another person any such facilities as the authority has power to provide under that subsection; and— subject to paragraph (b) below, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities, unless the authority considers it appropriate not to make a charge; no charge shall be made under this subsection in respect of household waste; and anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly. This section shall not apply to Scotland.
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 48 of the Environmental Protection Act 1990 tells waste collection authorities (the councils that collect household and commercial waste) what to do with the waste they collect. Normally, they must deliver all waste to the places the waste disposal authority (the body that handles final disposal) directs. But a waste collection authority can decide to recycle some household or commercial waste instead of delivering it. If it does, it must tell the waste disposal authority about its plans. The waste disposal authority can then object by notice, and if it does, the duty to deliver the waste to the directed place applies again for that waste. The waste collection authority can also buy equipment for sorting and baling waste it keeps for recycling, and can let other people use that equipment. If it lets others use it, it must charge a reasonable fee, unless the waste is from households. This section does not apply in Scotland.
When it applies
- A waste collection authority in England decides to recycle paper waste from households and informs the waste disposal authority of its proposed arrangements.
- The waste disposal authority serves a notice objecting to the recycling of all paper waste, so the collection authority must deliver it to the directed place.
- A waste collection authority provides a sorting facility for recyclables and permits a private contractor to use it, charging a reasonable fee.
- A waste collection authority decides not to recycle but to deliver all waste to the disposal authority's landfill site.
What this section does not say
- This section does not cover the duties of waste disposal authorities; those are in section 51.
- It does not apply to Scotland.
- It does not prescribe how waste should be collected; that is in section 45.
- It does not set penalties for failing to deliver waste.
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This page reproduces the text of EPA 1990 s. 48 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.