Waste disposal authority duties EPA 1990 s. 51
Waste disposal authorities must arrange disposal of collected waste and provide free household waste deposit sites for local residents. EPA 1990 s. 51.
It shall be the duty of each waste disposal authority to arrange— for the disposal of the controlled waste collected in its area by the waste collection authorities; and for places to be provided at which persons resident in its area may deposit their household waste and for the disposal of waste so deposited; . . . . The arrangements made by a waste disposal authority under subsection (1)(b) above shall be such as to secure that— each place is situated either within the area of the authority or so as to be reasonably accessible to persons resident in its area; each place is available for the deposit of waste at all reasonable times (including at least one period on the Saturday or following day of each week except a week in which the Saturday is 25th December or 1st January); each place is available for the deposit of waste free of charge by persons resident in the area; but the arrangements may restrict the availability of specified places to specified descriptions of waste. A waste disposal authority may include in arrangements made under subsection (1)(b) above arrangements for the places provided for its area for the deposit of household waste free of charge by residents in its area to be available for the deposit of household or other controlled waste by other persons on such terms as to payment (if any) as the authority determines. For the purpose of discharging its duty under subsection (1)(a) above as respects controlled waste collected as mentioned in that paragraph a waste disposal authority— shall give directions to the waste collection authorities within its area as to the persons to whom and places at which such waste is to be delivered; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . may contribute towards the cost incurred by persons who produce commercial or industrial waste in providing and maintaining plant or equipment intended to deal with such waste before it is collected; and may contribute towards the cost incurred by persons who produce commercial or industrial waste in providing or maintaining pipes or associated works connecting with pipes provided by a waste collection authority within the area of the waste disposal authority. A waste disposal authority in England which is not also a waste collection authority may in directions under subsection (4)(a) above include requirements about separation that relate to waste as delivered, but may do so only if it considers it necessary for assisting it to comply with any obligation imposed on it by or under any enactment. Before exercising its power to include requirements about separation in directions under subsection (4)(a) above, a waste disposal authority shall consult the waste collection authorities within its area. In exercising its power to include requirements about separation in directions under subsection (4)(a) above, a waste disposal authority shall have regard to any guidance given by the Secretary of State as to the exercise of that power. A waste disposal authority which includes requirements about separation in directions given under subsection (4)(a) above shall notify the waste collection authorities to which the directions are given of its reasons for including the requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subsection (1) above is subject to section 77. 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
Waste disposal authorities are legally obligated to organize the final disposal of controlled waste collected within their area by collection authorities. They must also establish local sites where residents can deposit household waste. These household waste civic amenity sites must be reasonably accessible to local residents and available free of charge at reasonable times, including weekend opening hours.
Authorities may restrict specific sites to specified categories of waste. While resident household waste deposit must remain free, an authority has discretion to permit non-residents or commercial actors to drop off waste at these designated locations on payment terms set by the authority.
To coordinate waste management, disposal authorities issue binding directions to collection authorities specifying where and to whom waste must be delivered. In England, a disposal authority that is separate from a collection authority may require waste to be separated prior to delivery if necessary to fulfill statutory duties, following consultation and statutory guidance. This section does not apply to Scotland and is subject to section 77.
When it applies
- A local council sets up a household recycling centre where residents bring old furniture and garden waste without paying a fee.
- A waste disposal authority directs municipal bin lorries to deliver collected curbside waste to a specific regional processing plant.
- A council charges a commercial trader or a non-resident who brings waste to the local household waste drop-off site.
What this section does not say
- A resident demanding that the council collect household bins directly from their doorstep, which falls under waste collection authority duties.
- Fines or written warnings issued to householders for using incorrect household waste receptacles.
- Waste disposal obligations for local authorities in Scotland, which are governed by Scotland-specific provisions.
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This page reproduces the text of EPA 1990 s. 51 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.