Acoustics Standards & Guidance
What is the Environmental Protection Act 1990?
The Environmental Protection Act 1990 (EPA 1990) is a key piece of UK legislation that consolidates and provides the framework for the control of pollution and environmental harm.
It covers various aspects of environmental protection, including waste management, air pollution, and statutory nuisance. The Act was enacted to address environmental issues and set out the responsibilities of both local authorities and individuals to prevent or manage environmental damage.
Key Parts of the Environmental Protection Act 1990:
Part I – Integrated Pollution Control and Air Pollution Control:
This part established the regulatory framework for controlling pollution from industrial processes. It introduced the concept of Integrated Pollution Control (IPC), where regulators assess and control emissions to air, water, and land from industrial activities.
Industrial operators are required to use Best Available Techniques (BAT) to minimize pollution.
Specific Air Pollution Control provisions give local authorities the responsibility to control air pollution from smaller industrial and commercial premises.
Part II – Waste Management:
This part deals with the management of waste and introduces the legal duty of care for anyone who produces, imports, carries, keeps, treats, or disposes of waste.
It sets out the framework for the licensing of waste management facilities, ensuring that waste is handled and disposed of safely and without harming the environment.
Illegal waste disposal (e.g., fly-tipping) is prohibited, and penalties for non-compliance are outlined.
Part III – Statutory Nuisances and Clean Air:
Statutory nuisance provisions in this part give local authorities the power to deal with environmental nuisances that affect the public’s health or interfere with the use and enjoyment of their property. Nuisances include:
- Noise (from industrial, commercial, or residential premises).
- Smoke, dust, steam, or fumes.
- Odor.
Accumulations or deposits (e.g., waste). - Insect infestations.
- Artificial light.
If a local authority deems a nuisance to be occurring, it can issue a noise abatement notice or similar enforcement notice to the person responsible for the nuisance, requiring them to stop or reduce the issue. Failure to comply with such a notice can lead to prosecution and fines.
Part IV – Litter and Refuse:
This part addresses the issues of littering and the responsibility of local authorities and individuals to keep public areas clean. It provides powers to enforce penalties for littering and the cleaning up of public places. It also includes provisions for local authorities to take action against littering on private land or open spaces if they affect the public realm.
Part V – Amendments of the Radioactive Substances Act 1960:
This part amends earlier legislation regarding the control and management of radioactive substances to ensure their safe handling, storage, and disposal to prevent environmental harm.
Key Features of the EPA 1990:
1. Integrated Pollution Control (IPC):
The Act established Integrated Pollution Control, meaning that industries producing pollution are required to control all forms of emissions (air, water, and land) in an integrated way. This holistic approach ensures that controlling one type of pollution does not lead to increased pollution in another medium (e.g., preventing water pollution should not result in higher air pollution).
Industries subject to IPC must obtain permits from the Environmental Agency (or equivalent body in Scotland and Northern Ireland).
2. Duty of Care for Waste:
Individuals and businesses that produce or handle waste have a legal duty of care to ensure that waste is managed properly, not illegally dumped or fly-tipped, and that it is transferred only to authorized persons for disposal.
The duty of care applies to the entire waste chain, from production to final disposal or recovery.
3. Statutory Nuisance:
One of the most significant parts of the Act is the ability for local authorities to take action against statutory nuisances, particularly in relation to noise pollution.
If a complaint is made (for example, about noise from a neighbouring property), the local authority has a duty to investigate. If it determines that a nuisance exists, it can issue an abatement notice requiring the person responsible to stop the nuisance or face legal penalties.
4. Noise Control:
The Act provides the foundation for controlling noise pollution. Local authorities can take action against noise generated by:
- Industrial and commercial premises.
- Domestic premises (e.g., loud music, barking dogs).
- Licensed premises like pubs and clubs.
- Construction sites and transport operations.
The Act empowers authorities to impose fines or even seize equipment if noise nuisances persist after an abatement notice has been issued.
5. Clean Air Provisions:
The Act also emphasises the need for clean air, reinforcing powers to control emissions and limit air pollution, particularly in urban areas.
6. Environmental Protection and Enforcement:
The Act enables the Environmental Agency and other regulatory bodies to enforce environmental standards across various sectors, ensuring that industries and businesses adhere to regulations designed to protect the environment.
Enforcement and Penalties:
Local authorities are primarily responsible for enforcing parts of the EPA, particularly in relation to statutory nuisances (noise, litter, etc.) and waste management.
Regulatory bodies such as the Environment Agency and Scottish Environment Protection Agency (SEPA) enforce pollution control and waste management provisions.
Penalties for non-compliance can range from fines to prosecution. In severe cases, businesses may be forced to cease operations until they comply with environmental standards.
Importance of the Environmental Protection Act 1990:
Public Health and Well-being: By addressing nuisances such as noise, air pollution, and waste, the EPA plays a significant role in protecting public health and improving the quality of life.
Environmental Preservation: The Act lays down the legal framework for preventing and controlling pollution across different environmental media, promoting sustainable practices in industries and waste management.
Accountability: It places a clear duty of care on businesses and individuals, making them accountable for managing their waste and pollution responsibly.
Enabling Local Authorities: The Act empowers local councils and environmental regulators to take action when necessary to prevent environmental harm and nuisance.