59 Powers to require removal of waste unlawfully deposited
Environmental Protection Act 1990 (1990 c 43) | Legislation

59  Powers to require removal of waste unlawfully deposited

(1)     If any controlled waste [or extractive waste] is deposited in or on any land in the area of a waste regulation authority or waste collection authority in contravention of section 33(1) above [or regulation 12 of the 2007 Regulations] [the Environmental Permitting Regulations], the authority may, by notice served on him, require the occupier to do either or both of the following, that is—

(a)     to remove the waste from the land within a specified period not less than a period of twenty-one days beginning with the service of the notice;

(b)     to take within such a period specified steps with a view to eliminating or reducing the consequences of the deposit of the waste.

[(1A)     A waste regulation authority or waste collection authority may only impose a requirement under subsection (1) on an occupier of land if the authority is satisfied that the occupier—

(a)     deposited the waste, or

(b)     knowingly caused or knowingly permitted the deposit of the waste.]

(2)     A person on whom any requirements are imposed under subsection (1) above may, within the period of twenty-one days mentioned in that subsection, appeal against the requirement

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