# Environmental Protection Act 1990

Canonical: https://paddl-ai.co/regulations/environmental-protection-act-1990

Learn about the Environmental Protection Act 1990, covering waste management duties, statutory nuisance provisions, and environmental responsibilities for hospitality businesses.

Effective: 1990-11-01 (last amended 2014-10-01)
Enforced by: Environment Agency and Local Authority Environmental Health
Applies to: All businesses producing waste, Restaurants and commercial kitchens, Hotels and hospitality businesses, Any premises generating noise, odour, or other nuisance

The Environmental Protection Act 1990 (EPA) is a key piece of UK environmental legislation covering waste management, statutory nuisance, and contaminated land. For hospitality businesses, the most relevant parts are Part II (waste management) and Part III (statutory nuisance). Under Part II, businesses have a duty of care to ensure their waste is stored, transported, and disposed of properly by licensed waste carriers. Under Part III, local authorities can take action against statutory nuisances such as excessive noise, odours, accumulations of refuse, and premises in a state that is prejudicial to health. Hospitality businesses, particularly restaurants and takeaways, frequently face complaints about cooking smells, noise from extraction systems, late-night noise, and waste storage. Non-compliance can result in abatement notices, fines, and even closure of the nuisance source.

## Key requirements

- **Duty of care for waste (Section 34)** All businesses that produce, import, keep, store, transport, treat, or dispose of waste must take all reasonable steps to keep waste safe and ensure it is dealt with by authorised persons.
- **Use licensed waste carriers** Waste must only be transferred to authorised waste carriers. Check that your waste collection company holds a valid waste carrier licence.
- **Waste transfer notes** A written waste transfer note must accompany every transfer of waste. These must be kept for at least 2 years (or 3 years for hazardous waste).
- **Prevention of statutory nuisance (Part III)** Premises must not be in a state that is prejudicial to health or a nuisance. This covers noise, odour, smoke, fumes, accumulations, and any other nuisance arising from the premises.

## What a business has to do

1. **Arrange proper waste collection** Contract with a licensed waste carrier for regular waste collection. Ensure you have separate arrangements for general waste, recycling, cooking oil, and any hazardous waste.
2. **Keep waste transfer notes** Obtain and retain waste transfer notes for every waste collection. Keep them for at least 2 years as evidence of proper disposal.
3. **Manage odour and noise** Install and maintain appropriate extraction and filtration systems. Manage noise from equipment, deliveries, and customers to avoid nuisance complaints.
4. **Store waste properly** Store waste in appropriate containers with lids. Keep waste storage areas clean and prevent accumulation. Use lockable bins if necessary to prevent fly-tipping.

## Penalties

| Offence | Penalty |
| --- | --- |
| Breach of duty of care for waste | An unlimited fine on conviction on indictment. Summary conviction carries an unlimited fine. Fixed penalty notices of up to 300 pounds may be issued for less serious breaches. |
| Using an unlicensed waste carrier | An unlimited fine. The business owner can be held liable even if they were unaware the carrier was unlicensed. |
| Causing a statutory nuisance | An abatement notice is served first. Failure to comply with the notice carries a fine of up to 20,000 pounds for business premises. The local authority can also carry out works and recover costs. |

## Questions

**Do I need to keep waste transfer notes?**

Yes. Every time waste is transferred from your business, a waste transfer note must be produced. You must keep these for at least 2 years. For hazardous waste (such as waste cooking oil if classified as hazardous), consignment notes must be kept for 3 years.

**What constitutes a statutory nuisance?**

For hospitality businesses, common statutory nuisances include cooking odours affecting neighbours, noise from extraction systems or late-night customers, accumulation of refuse, and premises in a state prejudicial to health (e.g. pest infestations visible from outside).

**Can neighbours complain about my cooking smells?**

Yes. If cooking odours from your premises constitute a nuisance to neighbouring properties, the local authority can serve an abatement notice requiring you to address the issue, typically by installing or upgrading extraction and filtration systems.