This Practice Note explains the prohibition on the unauthorised or harmful deposit, treatment or disposal of waste under section 33 of the Environmental Protection Act 1990 (EPA 1990) in England and Wales only.

For information on the offence as it applies to Scotland, see Practice Notes: Key environmental offences in Scotland, Scottish Environment Protection Agency—powers to investigate environmental crimes and Sentencing environmental offences in Scotland.

EPA 1990, s 33 is one of the most prosecuted environmental offences ranging from small-scale fly-tipping to large scale waste disposal without a permit. It imposes strict liability in respect of the ‘deposit’ of Controlled waste, but requires knowledge in respect of ‘knowingly causing or knowingly permitting’ controlled waste to be deposited.

The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 also contain offences for not holding an environmental permit, breaching permit conditions or failing to comply with an Enforcement notice, see: Environmental permits and exemptions—overview and Practice Note: Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste operations.