2.LEGAL FRAMEWORK

The Agencies are responsible for protecting “controlled waters” from pollution, for preventing waste management
from polluting the environment, causing harm to human health and detriment to local amenity and for regulating
radioactive substances (except in Northern Ireland). The release of the most seriously polluting substances to water,
land or air from prescribed processes may be subject to additional regulation under the system of Integrated
Pollution Control introduced by the Environmental Protection Act 1990.
“Controlled waters” include all watercourses, lakes, lochs, canals, coastal waters and water contained in
underground strata (or “groundwater”), and it is an offence to pollute such waters - deliberately or accidentally. In
addition, the formal consent of the Agency is required for many discharges to controlled waters, including direct
discharges and discharges to soakaways. Such consents are granted subject to conditions, and are not issued
automatically.
Any other waste produced on a site will be subject to the Duty of Care (Reference 2) and may also be subject to
control under the Waste Management Licensing Regulations 1994. In addition, certain wastes are defined as
“Special Wastes” and are subject to more rigorous controls (Reference 3). Advice is available from the Agencies.
P O L L U T I O N
P R E V E N T I O N
G U I D E L I N E S
GENERAL GUIDE TO THE
PREVENTION OF POLLUTION:
PPG1
The Agencies are also responsible for implementing the legislation on packaging, which affects companies with an
annual turnover above £2 million and handling more than 50 tonnes of packaging per year (see Reference 4).
All discharges to the foul sewer (see 4a) require authorisation by the sewerage undertaker and may be subject to
the terms and conditions of a trade effluent consent.