34 Duty of care etc as respects waste
Environmental Protection Act 1990 (1990 c 43) | Legislation

Duty of care etc as respects waste

34  Duty of care etc as respects waste

(1)     Subject to subsection (2) below, it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of [keeps or manages] controlled waste or, [as a dealer or broker], has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—

(a)     to prevent any contravention by any other person of section 33 above;

[(aa)     to prevent any contravention by any other person of regulation 12 of [the Environmental Permitting Regulations] or of a condition of an environmental permit;]

[(ab)     to prevent any contravention by any other person of subsection (2A), (2E), (2F), (2I) or (2K);]

(b)     to prevent the escape of the waste from his control or that of any other person; and

[(ba)     on the transfer of any waste oil, to ensure that [it is collected separately from other types of waste so as to facilitate a specific treatment,] [unless doing so is not technically feasible, taking into account good practices]; and]

(c)     on the transfer of the waste, to secure—

(i)     that the transfer is only

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