HL Deb 31 October 1995 vol 566 cc156-7WA
The Countess of Mar

asked Her Majesty's Government:

What powers a local authority has to determine the constituents of a possibly hazardous chemical stored on private premises.

Earl Ferrers

Where local authorities are the enforcing authority under the Health and Safety at Work etc Act 1974, they have powers under that Act to take samples of the hazardous chemicals; and, where they are the enforcing authority under the Food and Environment Protection Act 1985, they have powers to take samples from containers of pesticides.

The Countess of Mar

asked Her Majesty's Government:

Whether a local authority has the power to enforce the proper disposal of a known hazardous chemical for which approval has been revoked when it is stored on private premises.

Earl Ferrers

Only certain particularly hazardous chemicals, such as pesticides, are subject to statutory approval procedures. Chemicals for which approval has been revoked, and which are required to be discarded as waste, are subject to regulation as controlled waste under Part II of the Environmental Protection Act 1990.

It is an offence under Section 33(1) of the 1990 Act to keep or dispose of controlled waste without a waste management licence or contrary to the conditions of an exemption from licensing. It is also an offence under Section 33(1) of the 1990 Act to keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health. Any person who keeps or disposes of controlled waste is subject to a duty of care under Section 34 of the 1990 Act.

Under Section 59 of the 1990 Act, a local authority has powers to require the removal of controlled waste which has been deposited unlawfully. An inspector appointed by an authority also has powers under Section 70 of the 1990 Act to deal with substances he has reason to believe are a cause of imminent danger of serious environmental pollution or harm to human health.