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Waste TransporterThe Environment Agency used to prosecute the operators of waste transport vehicles who allowed refuse to escape from their vehicles but no longer do so.

They now say it is a matter for local authorities or the Police

However a protocol agreed with the Local Government Association shows that it is the EA who should deal with offences committed by registered waste carriers. (Compare last sections of  para 2.9 and 3.7).

The relevant legislation is S34 of the Environmental Protect Act Duty of care as respects waste. This imposes a number of duties on anyone who imports, produces, carries, keeps, treats or disposes of controlled waste including preventing  the escape of the waste from his control.

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E-mail to Environment Agency 30th August 2016
Environment Agency’s reply of 5th Oct 2016

You will see from this correspondence that Agency says:

We do have powers under section 34 of the Environment Protection Act 1990 to take action if someone fails to control waste they are transporting.

We have to prioritise our work and use our limited resources to the best effect. Thames Area of the Environment Agency, based at Wallingford, are not resourced at this time to take prosecutions for this type of offence.

 

Peter Silverman
5th October  2016

 

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