Special provision for dangerous waste: EPA 1990 s. 62
EPA 1990 s. 62 authorises regulations for special waste (dangerous or intractable). Penalties: level 5 fine (summary) or up to 2 years (indictment).
If the Secretary of State considers that controlled waste of any kind is or may be so dangerous or difficult to treat, keep or dispose of that special provision is required for dealing with it he shall make provision by regulations for the treatment, keeping or disposal of waste of that kind (“special waste”). Without prejudice to the generality of subsection (1) above, the regulations may include provision— for the giving of directions by waste regulation authorities with respect to matters connected with the treatment, keeping or disposal of special waste; for securing that special waste is not, while awaiting treatment or disposal in pursuance of the regulations, kept at any one place in quantities greater than those which are prescribed and in circumstances which differ from those which are prescribed; in connection with requirements imposed on consignors or consignees of special waste, imposing, in the event of non-compliance, requirements on any person carrying the consignment to re-deliver it as directed; for requiring the occupier of premises on which special waste is situated to give notice of that fact and other prescribed information to a prescribed authority; for the keeping of records by waste regulation authorities and by persons who import, export, produce, keep, treat or dispose of special waste or deliver it to another person for treatment or disposal, for the inspection of the records and for the furnishing by such persons to waste regulation authorities of copies of or information derived from the records; for the keeping in the register under section 64(1) below under regulation 38 of the Environmental Authorisations (Scotland) Regulations 2018 of copies of such of those records, or such information derived from those records, as may be prescribed; providing that a contravention of the regulations shall be an offence and prescribing the maximum penalty for the offence, which shall not exceed, on summary conviction, a fine at level 5 on the standard scale and, on conviction on indictment, imprisonment for a term of two years or a fine or both. Without prejudice to the generality of subsection (1) above, the regulations may include provision— for the supervision by waste regulation authorities— of activities authorised by virtue of the regulations or of activities by virtue of carrying on which persons are subject to provisions of the regulations, or of persons who carry on activities authorised by virtue of the regulations or who are subject to provisions of the regulations, and for the recovery from persons falling within sub-paragraph (ii) above of the costs incurred by waste regulation authorities in performing functions conferred upon those authorities by the regulations; as to the recovery of expenses or other charges for the treatment, keeping or disposal or the re-delivery of special waste in pursuance of the regulations; as to appeals to the Secretary of State from decisions of waste regulation authorities under the regulations. This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc ). In the application of this section to Northern Ireland “ waste regulation authority ” means the Department of the Environment for Northern Ireland .
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
The Secretary of State must create regulations for any waste that is so dangerous or difficult to treat, keep or dispose of that special rules are needed. This waste is called "special waste".
The regulations can cover directions from waste authorities, limits on quantities stored, requirements for notices and records, and penalties. The maximum penalty is a fine up to level 5 on the standard scale (summary conviction) or up to two years in prison and/or a fine (indictment). Regulations can also set up supervision and allow waste authorities to recover costs.
This section applies in England and Wales; for Northern Ireland the waste regulation authority is the Department of the Environment.
When it applies
- A chemical factory produces toxic solvents; the Secretary of State issues regulations requiring special treatment and record-keeping.
- A demolition contractor stores large amounts of asbestos; regulations limit how much can be kept on site and require notice to the authority.
- A haulier transports hazardous waste without proper documentation; the regulations impose fines for non-compliance.
- A waste disposal site treats infectious medical waste; regulations require supervision and cost recovery by the waste regulation authority.
What this section does not say
- This section does not itself set specific rules for waste; it only gives the Secretary of State power to make regulations.
- It does not cover ordinary household waste or non-hazardous controlled waste – those are dealt with under other sections like s.59 and s.64.
- It does not apply to Scotland; separate provisions (e.g., s.53, s.54) cover Scottish waste authorities.
- It does not define which waste is dangerous or intractable – that is covered by s.62a (lists of waste displaying hazardous properties).
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This page reproduces the text of EPA 1990 s. 62 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.