Environmental Protection Act 1990 Explained | Legislation Summary

The Environmental Protection Act 1990 (EPA 1990) is a key piece of legislation in the UK that outlines the framework for managing and controlling environmental pollution. It has remained a constant despite the ever-shifting landscape of environmental legislation, so it’s strongly advised that businesses familiarise themselves with it.

What Does the Environmental Protection Act 1990 Do?

The EPA 1990 establishes the legal responsibilities of businesses, local authorities, and individuals in preventing environmental harm and ensures that waste is handled, stored, and disposed of responsibly.

The act is a cornerstone of UK environmental law, providing authorities with the power to enforce environmental regulations and penalise those who fail to comply.

Why Was the Environmental Protection Act Created?

The EPA 1990 was introduced to address growing concerns about pollution, waste management, and environmental degradation.

During the late 20th century, industrialisation and urbanisation led to increased pollution levels, which had significant health and environmental consequences. The act aimed to create a comprehensive legal framework to combat pollution, manage waste effectively, and ensure that businesses and individuals took responsibility for their environmental impact. 

By implementing strict controls and enforcement measures, the act sought to promote sustainable practices and protect public health and the environment.

What Does the Environmental Protection Act Cover?

The EPA 1990 covers a broad range of environmental protection measures, including:

• Pollution Prevention
• Disposing of Controlled Waste
• Contaminated Land Management
• Statutory Nuisances

Preventing Pollution

Integrated Pollution Control (IPC) requires businesses to obtain permits before carrying out activities that may cause environmental harm. These permits are granted only if businesses can demonstrate that they are using the best available techniques to minimise pollution. 

Additionally, the act imposes strict limits on emissions and discharges to air, water, and land, ensuring that pollution is kept within acceptable levels.

Disposing of Controlled Waste

The act sets out specific regulations for the handling, storage, transportation, and disposal of controlled waste, which includes household, commercial, and industrial waste. 

Businesses and local authorities must follow strict waste management procedures to prevent illegal dumping and environmental contamination.

The act introduced the "Duty of Care" principle, which requires waste producers to ensure that waste is disposed of safely and legally. Failure to comply with these regulations can result in hefty fines and legal action.

Contaminated Land

The EPA 1990 also provides a legal framework for identifying and remediating contaminated land. Local authorities are responsible for investigating potentially contaminated sites and ensuring that landowners or businesses take appropriate remedial action.

If a site is found to pose a significant risk to human health or the environment, enforcement actions can be taken to clean up the contamination. This provision aims to prevent long-term environmental damage and protect communities from hazardous substances.

Statutory Nuisance

The act defines statutory nuisances as environmental issues that can cause harm or disturb the well-being of individuals or communities. 

Local authorities have the power to investigate and take action against those responsible for statutory nuisances.

Examples of Statutory Nuisance

• Excessive noise from industrial sites, construction work, or commercial premises.
• Air pollution caused by smoke, dust, fumes, or odours.
• Accumulation of waste that poses a health risk.
• Poorly maintained premises that attract vermin.
• Light pollution affecting residential areas.

If a statutory nuisance is identified, the responsible party may be issued an abatement notice, requiring them to resolve the issue within a specified timeframe. Failure to comply with the notice can lead to legal penalties.

How to Protect Your Organisation from Environmental Legislation

Compliance with environmental legislation is crucial for businesses to avoid legal consequences and reputational damage. Here are some key steps organisations can take:

1. Understand Legal Responsibilities – Businesses should stay informed about environmental laws and regulations relevant to their industry. Seeking legal advice or consulting environmental specialists can help ensure compliance.
2. Implement Environmental Policies – Establishing clear policies for waste management, pollution control, and resource conservation can help organisations reduce their environmental impact and demonstrate commitment to sustainability.
3. Monitor and Audit Environmental Performance – Regular environmental audits can help identify potential risks and areas for improvement, allowing businesses to take proactive measures before issues arise.
4. Obtain Necessary Permits and Licences – Businesses involved in activities that may cause pollution must obtain the required permits and ensure that they adhere to the conditions set by regulatory authorities.
5. Engage with Regulators and Authorities – Maintaining open communication with environmental regulators can help businesses stay updated on changing legislation and compliance requirements.
6. Adopt Sustainable Practices – Reducing waste, conserving energy, and using eco-friendly materials can help businesses minimise their environmental footprint and enhance their corporate reputation.
7. Train Employees – Not only will generalised environmental training, for all staff drastically reduce the environmental impact of their work as the implement more sustainable practices. Training employees with more specialist courses will also help organisations with all of the above strategies we’ve mentioned.

The IEMA Sustainability Skills for the Workforce course is perfect for all employees, as it teaches them how to be more environmentally aware in their role. For those, previously mentioned specialists, we’d recommend starting of with a course such as the IEMA Foundation Certificate in Environmental Management. You can find out more about either course by clicking on one of the cards below.