UK Act of Parliament 1974 United Kingdom

Control of Pollution Act 1974

What this means for your business

30 obligations
23 penalties
6 can imprison
1 guides
Enforced by
Environment Agency
Applies to
United Kingdom
On this page
30 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

30 compliance obligations under this legislation — 6 can result in imprisonment.

Management duties 5

Comply with disposal licence conditions and cooperate with agency supervision

Unlimited fine

If your business holds a disposal licence you must make sure the work you do does not pollute water, endanger public health or damage local amenities, and you must follow every condition set out in the licence. You must let the Environment Agency (or SEPA) carry out emergency work on your land or plant, pay any costs they incur, and act promptly on any compliance or revocation notices they serve.

Any Person s.9 Environment Agency When you hold a disposal licence

Comply with licence‑condition changes or revocation from the Environment Agency

If your business has a disposal licence for waste, the Environment Agency can change the licence conditions or revoke the licence if the work would pollute water or harm public health. You must follow any notice you receive and stop the activity if the licence is taken away.

Any Person s.7 Environment Agency Agency serves a notice under this section

Comply with local noise control regulations for plant and machinery

If you operate plant or machinery, you must keep its noise within the limits set by local regulations. This may mean fitting noise‑reducing devices or limiting how loudly it can run. Not doing so is a criminal offence, so you could face fines.

Any Person s.68 Environment Agency when operating plant or machinery subject to a noise regulation

Observe parking bans for street cleaning

Unlimited fine

If your business parks vehicles on a public road, the highway authority can temporarily ban parking to allow street cleaning. You must check for any posted notices and make sure no vehicles are left in the area during the hours shown on the notice, otherwise the vehicle can be removed and you may be fined.

Any Person s.23 Environment Agency When a highway or local authority issues a notice prohibiting parking for …

Prevent offences and ensure directors are not personally liable

Unlimited fine

If your company breaches the Control of Pollution Act, any director, manager or similar officer who consented, turned a blind eye or neglected to stop the breach can be prosecuted together with the company. Make sure your senior management actively oversees pollution‑control compliance so they cannot be held personally responsible.

Director/Officer s.87 Environment Agency If an offence under the Control of Pollution Act is committed by …

Notifications 1

Apply for prior consent before noisy construction work

Unlimited fine

If you plan construction work that could create noise, you must first apply to the local authority for consent and give details of the work and how you will limit the noise. You cannot start the work until consent is given, and you must follow any conditions attached and make sure anyone you hire also knows about the consent.

Contractor s.61 Environment Agency When you intend to carry out construction works that fall under the …

Other requirements 3

Consider appealing adverse disposal licence decisions

If your business’s waste‑disposal licence is refused, has its conditions changed, is modified, or is revoked, you can (and should) appeal that decision to the Secretary of State as set out in the regulations. An appeal puts the decision on hold until the Secretary decides whether to change it, and if the appeal succeeds the relevant agency must implement the new decision.

Any Person s.10 Environment Agency A disposal licence is rejected, a licence with conditions is issued, licence …

Supply only motor fuel that meets statutory composition standards

2 years imprisonment

The Act lets the Secretary of State set rules about what a fuel for motor cars can contain. If your business makes, imports, sells or distributes motor fuel in the UK, you must only supply fuel that complies with those rules, and you have to display the required information so buyers can see what’s in the fuel.

Trader/Business s.75 Environment Agency when you manufacture, import, sell or distribute motor fuel for motor vehicles …

Use oil fuel that meets sulphur content limits for furnaces or engines

If your business runs furnaces or engines that use oil fuel, you must make sure the fuel’s sulphur level does not exceed the limits that the Secretary of State sets in regulations. This is aimed at reducing air pollution, so check the fuel’s certificate or specification before use.

Occupier s.76 Environment Agency When using oil fuel in furnaces or engines

Payments and fees 1

Pay reasonable charges for waste collection you request

If your business asks the local authority to collect commercial, industrial or any non‑household waste, you must pay a reasonable charge for the collection and disposal. You cannot rely on the authority to collect waste that is isolated or inaccessible unless you have made your own disposal arrangements.

Occupier s.12 Environment Agency When you request collection of non‑household waste (commercial, industrial, etc.) from the …

Offences and prohibitions 17

Breach of noise‑control notice on construction site

Unlimited fine

If you carry out construction, demolition or related engineering work and a local authority serves you a noise‑control notice, you must follow the requirements in that notice (e.g., limits on machinery, operating hours or noise levels). Failing to comply without a reasonable excuse is a criminal offence and can lead to prosecution, with the possibility of an unlimited fine and/or imprisonment.

Any Person s.60 Environment Agency

Burn cable insulation to recover metal

Unlimited fine

If you burn the insulation off cables in order to recover the metal, you commit an offence unless the burning is part of a process covered by Part I of the Environmental Protection Act 1990 or takes place at a work registered under the Alkali Act. On conviction in the magistrates’ court you face an unlimited fine. No imprisonment is provided for this breach.

Any Person s.78 Environment Agency

Construct drain or sewer incorrectly

Fine up to £200

If you build a drain or sewer in a way that does not follow the local authority’s requirements under the Public Health Act 1936, you commit an offence. On summary conviction you can be fined up to Ā£200.

Any Person Schedule 2 Environment Agency

Deposit non‑controlled waste without consent

2 years imprisonment

If you or your business dump waste that is not classed as ā€˜controlled waste’ onto land or water without the appropriate licence or other consent, you commit an offence. The penalty is the same as for unlawfully depositing controlled waste, meaning you could face a fine and/or imprisonment. The offence does not apply if the deposit is carried out under a valid consent, licence, approval or other authority.

Any Person s.18 Environment Agency

Disclose trade‑secret information obtained under the Act

Unlimited fine

If you reveal a trade secret that you received because of the Control of Pollution Act 1974, you commit a criminal offence unless the disclosure is made in the performance of your duty, under a specific statutory provision, with written consent, or the information is of a prescribed type. A conviction in the magistrates’ court can result in an unlimited fine.

Any Person s.94 Environment Agency

Dispose of waste without a disposal licence

5 years imprisonment

If you deposit controlled waste on land or use equipment to get rid of waste without a valid disposal licence, you commit a criminal offence. The offence can lead to a fine of up to Ā£400 and, if tried in the Crown Court, up to two years' imprisonment – or up to five years for dangerous poisonous or polluting waste. The case can be heard in either a magistrates’ court or a Crown Court.

Any Person s.3 Environment Agency

Disturb or sort waste in public bins or tips without authority

Fine up to £1,000

If you or anyone acting for your business moves, sorts, or tampers with waste that has been placed in a public tip, dustbin or other receptacle provided by a council or authorised body, without the appropriate permission, you are committing an offence. The offence is triggered by any unauthorised handling of that waste, even if it is just to look through it. On conviction you face a fine of up to Ā£1,000, dealt with in a magistrates’ court.

Any Person s.27 Environment Agency

Fail to comply with a disposal licence condition

Unlimited fine

If your business holds a waste‑disposal licence and you break a licence condition that the regulations say may be ignored for other parts of the Act, you commit a criminal offence. The offence is tried in the magistrates’ court and can result in an unlimited fine. Prosecution can only be started with the consent of the Director of Public Prosecutions or the Environment Agency.

Any Person s.6 Environment Agency

Fail to comply with a waste‑collection notice

Fine up to £1,000

If a local authority serves you with a notice telling you to provide or use specified dustbins or other waste receptacles and you do not follow the requirements, you commit a criminal offence. On conviction in the magistrates’ court you face a fine of up to Ā£1,000. The same penalty applies whether the notice relates to household waste or to commercial/industrial waste.

Any Person s.13 Environment Agency

Fail to comply with fuel regulations (sections 75‑76)

Unlimited fine

If you break any regulation made under sections 75 or 76 of the Control of Pollution Act 1974 – for example rules about the quality of motor fuel or the sulphur content of oil used in furnaces – you commit a criminal offence. On conviction you can be fined without limit in the Crown Court, or fined up to Ā£400 in the Magistrates’ Court (the regulations may change these limits). No prison term is mentioned.

Any Person s.77 Environment Agency

Fail to comply with information notice or give false information

2 years imprisonment

If the Environment Agency (or another relevant authority) serves you with a notice requiring you to provide specified information, you must supply it as directed. Failing to do so without a reasonable excuse, or giving information you know is false or misleading, is a criminal offence. On conviction you face an unlimited fine and, on indictment, up to two years’ imprisonment (or both).

Any Person s.93 Environment Agency

Fail to comply with or give false information on an air‑pollution notice

Unlimited fine

If a local authority serves you with a notice asking for estimates or other information about emissions from your premises, you must supply it within the time allowed. Failing to do so without a reasonable excuse, or knowingly providing false or reckless information, is a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine.

Occupier s.80 Environment Agency

Fail to comply with waste removal notice

Unlimited fine

If the Environment Agency (or a relevant collection authority) serves you a notice requiring you to remove waste that has been deposited on your land in breach of licensing rules, you must carry out the removal (or other remedial steps) within the period set – at least 21 days. Failing to do so is a criminal offence. On conviction you face an unlimited fine and a daily fine of up to Ā£50 for each day the failure continues after conviction.

Occupier s.16 Environment Agency

Fail to give six‑month notice of mine abandonment to SEPA

Unlimited fine

If you operate a mine and plan to abandon (close) it, you must give SEPA written notice at least six months before the abandonment takes effect. Not giving this notice is a criminal offence. On conviction you could face an unlimited fine – either on summary conviction in the magistrates' court or on indictment in the Crown Court.

Any Person s.30Z Environment Agency

Make false statements in a waste disposal licence application

2 years imprisonment

If you submit an application for a waste‑disposal licence and include a material statement that you know is false, or you recklessly make a false statement, you commit an offence. On summary conviction you can be fined up to Ā£400; on indictment you can face up to two years’ imprisonment, an unlimited fine, or both.

Any Person s.5 Environment Agency

Operate loudspeaker in street without permission

If you run a loudspeaker in a public street between 9 pm and 8 am for any purpose, or at any other time to advertise a business, entertainment or trade, you are committing an offence unless one of the numerous statutory exceptions applies. The Environment Agency can prosecute, and a conviction can result in a fine and/or imprisonment.

Any Person s.62 Environment Agency

Wilfully obstruct an authorised entry officer

Fine up to £1,000

If you deliberately block or prevent an authorised inspector or officer from entering your land or vessel in order to carry out their powers under the Control of Pollution Act, you are committing a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £1,000. No prison term is provided for this offence.

Any Person s.92 Environment Agency

Registration and licensing 1

Obtain a disposal licence after the 12‑month grace period

2 years imprisonment

If you started disposing of waste on land before a licence was needed, you can keep doing it for one year from the day the rule came into force. After that, you must get a proper waste‑disposal licence or else you could be breaking the law and face very large fines.

Occupier s.4 Environment Agency After the 12‑month period from when the licence requirement became effective, if …

Reporting and filing 2

Report annual heat‑production data to the Secretary of State

If you run a waste‑to‑heat installation as a disposal authority, you must send the Secretary of State details of the plant and the amount of heat generated each year. The report is required as soon as practicable after the year ends.

Any Person s.21 Environment Agency when you operate a heat‑producing installation from waste under the Control of …

Respond to local authority notices on air pollution emissions

If your business emits gases or could help measure them, the local council may give you a notice asking for details about those emissions. You must provide the information requested, keep any records required and submit any reports the notice specifies. In practice it means staying ready to share pollution data when asked.

Occupier s.82 Environment Agency When a local authority issues a Section 80 notice requesting emission information.

Penalties for non-compliance

23 penalties under this legislation. 6 can result in imprisonment. 17 carry an unlimited fine.

Prison risk

Supply only motor fuel that meets statutory composition standards

Unlimited fine and/or 2 years imprisonment

Either way s.75 Penalises: Supply only motor fuel that meets statutory composition …
Prison risk

Deposit non‑controlled waste without consent

Unlimited fine and/or 2 years imprisonment

Either way s.18 Penalises: Deposit non‑controlled waste without consent
Prison risk

Fail to comply with information notice or give false information

Unlimited fine and/or 2 years imprisonment

Either way s.93 Penalises: Fail to comply with information notice or give …
Prison risk

Make false statements in a waste disposal licence application

Unlimited fine and/or 2 years imprisonment

Either way s.5 Penalises: Make false statements in a waste disposal licence …
Prison risk

Obtain a disposal licence after the 12‑month grace period

Unlimited fine and/or 2 years imprisonment

Either way s.4 Penalises: Obtain a disposal licence after the 12‑month grace …
Prison risk

Dispose of waste without a disposal licence

Fine up to £400 and/or 5 years imprisonment

Either way s.3 Penalises: Dispose of waste without a disposal licence
Unlimited fine

Comply with disposal licence conditions and cooperate with agency supervision

Unlimited fine

Either way s.9 Penalises: Comply with disposal licence conditions and cooperate with …
Unlimited fine

Observe parking bans for street cleaning

Unlimited fine

s.23 Penalises: Observe parking bans for street cleaning
Unlimited fine

Prevent offences and ensure directors are not personally liable

Unlimited fine

s.87 Penalises: Prevent offences and ensure directors are not personally …
Unlimited fine

Apply for prior consent before noisy construction work

Unlimited fine

Either way s.61 Penalises: Apply for prior consent before noisy construction work
Unlimited fine

Breach of noise‑control notice on construction site

Unlimited fine

Either way s.60 Penalises: Breach of noise‑control notice on construction site
Unlimited fine

Burn cable insulation to recover metal

Unlimited fine

Summary only s.78 Penalises: Burn cable insulation to recover metal
Unlimited fine

Disclose trade‑secret information obtained under the Act

Unlimited fine

Summary only s.94 Penalises: Disclose trade‑secret information obtained under the Act
Unlimited fine

Fail to comply with a disposal licence condition

Unlimited fine

Summary only s.6 Penalises: Fail to comply with a disposal licence condition
Unlimited fine

Fail to comply with fuel regulations (sections 75‑76)

Unlimited fine

Either way s.77 Penalises: Fail to comply with fuel regulations (sections 75‑76)
Unlimited fine

Fail to comply with or give false information on an air‑pollution notice

Unlimited fine

Summary only s.80 Penalises: Fail to comply with or give false information …
Unlimited fine

Fail to comply with waste removal notice

Unlimited fine

Summary only s.16 Penalises: Fail to comply with waste removal notice
Unlimited fine

Fail to give six‑month notice of mine abandonment to SEPA

Unlimited fine

Either way s.30Z Penalises: Fail to give six‑month notice of mine abandonment …
Fine

Disturb or sort waste in public bins or tips without authority

Fine up to £1,000

Summary only s.27 Penalises: Disturb or sort waste in public bins or …
Fine

Fail to comply with a waste‑collection notice

Fine up to £1,000

Summary only s.13 Penalises: Fail to comply with a waste‑collection notice
Fine

Wilfully obstruct an authorised entry officer

Fine up to £1,000

Summary only s.92 Penalises: Wilfully obstruct an authorised entry officer
Fine

Construct drain or sewer incorrectly

Fine up to £200

Summary only Schedule 2 Penalises: Construct drain or sewer incorrectly
Fine

Operate loudspeaker in street without permission

Penalty applies

s.62 Penalises: Operate loudspeaker in street without permission

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

142 classified provisions from this legislation.

Duties 22

  • s.4 Provisions supplementary to s. 3.
  • s.7 Variation of conditions and revocation of licences. that agency
  • s.9 Supervision of licensed activities. appropriate Agency
  • s.10 Appeals to Secretary of State from decisions with respect to licences. appropriate Agency
  • s.12 Collection of waste. that authority
  • s.14 Disposal of waste in England and Wales. English collection authority
  • s.21 Production of heat and electricity from waste etc. a disposal authority by …
  • s.23 Prohibition of parking to facilitate street cleaning. highway authority for any …
  • s.24 Litter.
  • s.28 Supplementary provisions relating to pipes.
  • s.30A Waters to which Part II applies. SEPA
  • s.47 Duty of water authorities to deal with waste from vessels etc. water authorities
  • s.61 Prior consent for work on construction sites. applicant
  • s.68 Noise from plant or machinery. local authority
  • s.75 Regulations about motor fuel. local weights and measures …
  • s.76 Regulations about sulphur content of oil fuel for furnaces or engines. local authority
  • s.79 Research and publicity. process subject
  • s.81 Appeals against notices. authority
  • s.82 Regulations about research and publicity. such notice is
  • s.83 Provision by local authorities of information for Secretary of State. local authority
  • ... and 2 more duties

Offences and penalties 23

  • Schedule 2 Alteration of penalties
  • s.3 Prohibition of unlicensed disposal of waste.
  • s.5 Licences to dispose of waste.
  • s.6 Provisions supplementary to s. 5.
  • s.13 Dustbins etc.
  • s.16 Removal of waste deposited in breach of licensing provisions.
  • s.17 Special provisions with respect to certain dangerous or intractable waste.
  • s.18 Application of preceding provisions to other waste.
  • s.27 Interference with refuse tips and dustbins etc.
  • s.30J Other defences to principal offences.
  • s.30F Pollution offences.
  • s.30Z Mine operators to give SEPA six months’ notice of any proposed abandonment.
  • s.30I Defence to principal offences in respect of authorised discharges.
  • s.60 Control of noise on construction sites.
  • s.62 Noise in streets.
  • s.74 Penalties.
  • s.77 Provisions supplementary to ss. 75 and 76.
  • s.78 Cable burning.
  • s.80 Notices requiring information about air pollution.
  • s.92 Provisions supplementary to s. 91.
  • ... and 3 more offences and penalties

Powers 16

  • s.19 Powers of disposal authorities as respects other waste.
  • s.20 Reclamation of waste.
  • s.22 Street cleaning etc.
  • s.29 Modification of Parts I and II to avoid duplication of control.
  • s.51 Codes of good agricultural practice.
  • s.55A Regulations under this Part.
  • s.70 Appeals to Secretary of State and magistrates’ court.
  • s.71 Codes of practice for minimising noise.
  • s.90 Establishment charges and interest in respect of certain expenses of authorities.
  • s.91 Rights of entry and inspection etc.
  • s.96 Local inquiries.
  • s.97 Default powers.
  • s.101 Disposal of waste etc by Atomic Energy Authority.
  • s.102 Power to give effect to international agreements.
  • s.107 Application to Isles of Scilly.
  • s.108 Minor and consequential amendments of enactments, and repeals.

Definitions 11

  • s.8 Transfer and relinquishment of licences.
  • s.30Y Introductory.
  • s.30 Interpretation etc. of Part I.
  • s.56 Interpretation etc. of Part II.
  • s.72 ā€œBest practicable meansā€.
  • s.73 Interpretation and other supplementary provisions.
  • s.84 Interpretation of Part IV.
  • s.89 Expenses and receipts of Secretary of State etc.
  • s.98 Interpretation of Part V.
  • s.105 Interpretation etc—general.
  • s.106 General application to Scotland.

Legislative context