Control of Pollution Act 1974
What this means for your business
- Enforced by
- Environment Agency
- Applies to
- United Kingdom
- On this page
- 30 compliance obligations, 1 practical guide
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 fineIf 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.
Comply with licenceācondition 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.
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 noiseāreducing devices or limiting how loudly it can run. Not doing so is a criminal offence, so you could face fines.
Observe parking bans for street cleaning
Unlimited fineIf 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.
Prevent offences and ensure directors are not personally liable
Unlimited fineIf 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 pollutionācontrol compliance so they cannot be held personally responsible.
Notifications 1
Apply for prior consent before noisy construction work
Unlimited fineIf 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.
Other requirements 3
Consider appealing adverse disposal licence decisions
If your businessās wasteādisposal 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.
Supply only motor fuel that meets statutory composition standards
2 years imprisonmentThe 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 whatās in the fuel.
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 fuelās 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 fuelās certificate or specification before use.
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 nonāhousehold 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.
Offences and prohibitions 17
Breach of noiseācontrol notice on construction site
Unlimited fineIf you carry out construction, demolition or related engineering work and a local authority serves you a noiseācontrol 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.
Burn cable insulation to recover metal
Unlimited fineIf 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 PartāÆI of the Environmental Protection ActāÆ1990 or takes place at a work registered under the Alkali Act. On conviction in the magistratesā court you face an unlimited fine. No imprisonment is provided for this breach.
Construct drain or sewer incorrectly
Fine up to Ā£200If you build a drain or sewer in a way that does not follow the local authorityās requirements under the Public Health Act 1936, you commit an offence. On summary conviction you can be fined up to Ā£200.
Deposit nonācontrolled waste without consent
2 years imprisonmentIf you or your business dump waste that is not classed as ācontrolled wasteā 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.
Disclose tradeāsecret information obtained under the Act
Unlimited fineIf 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 magistratesā court can result in an unlimited fine.
Dispose of waste without a disposal licence
5 years imprisonmentIf 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 ā or up to five years for dangerous poisonous or polluting waste. The case can be heard in either a magistratesā court or a Crown Court.
Disturb or sort waste in public bins or tips without authority
Fine up to Ā£1,000If 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 magistratesā court.
Fail to comply with a disposal licence condition
Unlimited fineIf your business holds a wasteādisposal 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 magistratesā 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.
Fail to comply with a wasteācollection notice
Fine up to Ā£1,000If 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 magistratesā 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.
Fail to comply with fuel regulations (sectionsāÆ75ā76)
Unlimited fineIf you break any regulation made under sectionsāÆ75 orāÆ76 of the Control of Pollution ActāÆ1974 ā for example rules about the quality of motor fuel or the sulphur content of oil used in furnaces ā 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 Magistratesā Court (the regulations may change these limits). No prison term is mentioned.
Fail to comply with information notice or give false information
2 years imprisonmentIf 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 yearsā imprisonment (or both).
Fail to comply with or give false information on an airāpollution notice
Unlimited fineIf 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.
Fail to comply with waste removal notice
Unlimited fineIf 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 ā 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.
Fail to give sixāmonth notice of mine abandonment to SEPA
Unlimited fineIf 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 ā either on summary conviction in the magistrates' court or on indictment in the Crown Court.
Make false statements in a waste disposal licence application
2 years imprisonmentIf you submit an application for a wasteādisposal 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 yearsā imprisonment, an unlimited fine, or both.
Operate loudspeaker in street without permission
If you run a loudspeaker in a public street between 9āÆpm and 8āÆam 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.
Wilfully obstruct an authorised entry officer
Fine up to £1,000If 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.
Registration and licensing 1
Obtain a disposal licence after the 12āmonth grace period
2 years imprisonmentIf 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 wasteādisposal licence or else you could be breaking the law and face very large fines.
Reporting and filing 2
Report annual heatāproduction data to the Secretary of State
If you run a wasteātoāheat 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.
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.
Penalties for non-compliance
23 penalties under this legislation. 6 can result in imprisonment. 17 carry an unlimited fine.
Supply only motor fuel that meets statutory composition standards
Unlimited fine and/or 2 years imprisonment
Deposit nonācontrolled waste without consent
Unlimited fine and/or 2 years imprisonment
Fail to comply with information notice or give false information
Unlimited fine and/or 2 years imprisonment
Make false statements in a waste disposal licence application
Unlimited fine and/or 2 years imprisonment
Obtain a disposal licence after the 12āmonth grace period
Unlimited fine and/or 2 years imprisonment
Dispose of waste without a disposal licence
Fine up to £400 and/or 5 years imprisonment
Comply with disposal licence conditions and cooperate with agency supervision
Unlimited fine
Observe parking bans for street cleaning
Unlimited fine
Prevent offences and ensure directors are not personally liable
Unlimited fine
Apply for prior consent before noisy construction work
Unlimited fine
Breach of noiseācontrol notice on construction site
Unlimited fine
Burn cable insulation to recover metal
Unlimited fine
Disclose tradeāsecret information obtained under the Act
Unlimited fine
Fail to comply with a disposal licence condition
Unlimited fine
Fail to comply with fuel regulations (sectionsāÆ75ā76)
Unlimited fine
Fail to comply with or give false information on an airāpollution notice
Unlimited fine
Fail to comply with waste removal notice
Unlimited fine
Fail to give sixāmonth notice of mine abandonment to SEPA
Unlimited fine
Disturb or sort waste in public bins or tips without authority
Fine up to £1,000
Fail to comply with a wasteācollection notice
Fine up to £1,000
Wilfully obstruct an authorised entry officer
Fine up to £1,000
Construct drain or sewer incorrectly
Fine up to £200
Operate loudspeaker in street without permission
Penalty applies
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 ā¦
- s.23 Prohibition of parking to facilitate street cleaning. highway authority for any ā¦
- 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 ā¦
- 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 monthsā 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 magistratesā 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 āBest 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 etcāgeneral.
- s.106 General application to Scotland.
Legislative context
- SI The Trade Effluent (Asbestos) (Scotland) Regulations 1993 (1993)
- SI The Upper Spey and Associated Waters Protection (Renewal) Order 1988 (1988)
- SI The Upper Spey and Associated Waters Protection (Renewal) Order 1991 (1991)
- SI The Upper Spey and Associated Waters Protection (Renewal) Order 1993 (1993)
- SI The Upper Spey and Associated Waters Protection (Renewal) Order 1993 Variation Order 1996 (1996)