Meaning of waste and its categories - EPA 1990 s. 75
Defines waste by reference to EU Directive, and sets out definitions for household, commercial, industrial, and hazardous waste in England and Wales.
The following provisions apply for the interpretation of this Part. “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with section 75A . “Waste” means anything that is waste within the meaning of Article 3(1) of the Waste Framework Directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ Controlled waste ” means household, industrial and commercial waste or any such waste. Subject to subsection (8) below, “ household waste ” means waste from— domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation; a caravan (as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act); a residential home; premises forming part of a university or school or other educational establishment; premises forming part of a hospital or nursing home. Subject to subsection (8) below, “ industrial waste ” means waste from any of the following premises— any factory (within the meaning of the Factories Act 1961); any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air; any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; . . . any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services ; or any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947 Subject to subsection (8) below, “ commercial waste ” means waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding— household waste; industrial waste; and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph. Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; . . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise. In the application of this Part to England, “ hazardous waste ” means— any waste identified as hazardous waste in— the waste list as it applies in relation to England, or regulations made by the Secretary of State under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 ( S.I. 2020/1540 ), and any other waste that is treated as hazardous waste for the purposes of— regulations made by the Secretary of State under section 62ZA, or the Hazardous Waste (England and Wales) Regulations 2005 ( S.I. 2005/894 ). In the application of this Part to Wales, “ hazardous waste ” means— any waste identified as hazardous waste in— the waste list as it applies in relation to Wales, or regulations made by the Welsh Ministers under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 ( S.I. 2020/1540 ), and any other waste that is treated as hazardous waste for the purposes of— regulations made by the Welsh Ministers under section 62ZA, or the Hazardous Waste (Wales) Regulations 2005 ( S.I. 2005/1806 (W.138) ). In subsections (8A) and (8B) “ the waste list ” means the list of waste contained in the Annex to Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste ( 2000/532/EC ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 defines what counts as "waste" for Part II of the Environmental Protection Act 1990. It starts by adopting the definition from the EU Waste Framework Directive (2008/98/EC as amended). It then breaks waste into three categories of "controlled waste": household waste, industrial waste, and commercial waste. Each category is defined by the type of premises the waste comes from, not by the waste itself. For example, household waste comes from domestic dwellings, residential homes, educational premises, hospitals, and caravans on a site. Industrial waste comes from factories, transport utilities, mines, quarries, and farms. Commercial waste comes from premises used for trade, business, sport, recreation, or entertainment (excluding household and industrial waste).
The section also defines "hazardous waste" separately for England and Wales, referring to the waste list (a European Commission decision) and to UK regulations. The Secretary of State can make regulations to treat certain waste as belonging to a particular category or not. Importantly, sewage is excluded from these definitions unless regulations say otherwise.
When it applies
- A householder puts out rubbish from their domestic property for collection.
- A factory disposes of production waste from its manufacturing line.
- A shop or office throws away packaging and paper from its business operations.
- A hospital disposes of clinical waste from patient treatment.
- A farm disposes of waste from agricultural activities.
What this section does not say
- Waste that is not controlled waste, such as radioactive waste (covered by section 78 of the same Act).
- Sewage, unless regulations made under this section say otherwise.
- Waste from premises that are neither domestic, nor industrial, nor commercial in the defined sense (e.g., waste from a derelict building may not fit any category).
- The specific hazardous properties of waste (those are listed under section 62A of the Act).
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This page reproduces the text of EPA 1990 s. 75 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.