§ Lord Sutherland of Houndwoodasked Her Majesty's Government:
Further to the Written Answer by the Lord Whitty on 19 January (WA 116), in the event that operators of installations currently using reprocessed fuel oil switch to a non-waste alternative fuel, whether the residual used oil will be disposed of in an environmentally acceptable way. [HL1023]
§ Lord WhittyThe purpose of waste management controls is to ensure that waste is recovered or disposed of in ways which protect the environment and human health. Section 34 of the Environmental Protection Act 1990 imposes a "duty of care" on everyone who has responsibility for waste and requires any person subject to it to take all measures that are reasonable in the circumstances:
to prevent any contravention by another person of waste management controls;
to prevent the escape of waste from his or her control or that of any other person; and
on the transfer of waste to ensure that it is transferred only to an "authorised person" (e.g. a registered waste carrier or someone who holds a permit or licence to recover or dispose of waste).
Failure to comply with the duty of care is a criminal offence with a penalty, on conviction on indictment, of an unlimited fine. Further information about the duty of care is available on my department's website at www.defra.qov.uk/environment/waste/management/doc/index.htm.
Article 5 of the Waste Oils Directive (as amended) requires that member states carry out public information and promotional campaigns to ensure that waste oils are stored appropriately and collected as far as possible. The Oil Care Campaign fulfils this requirement in the UK. The campaign is funded by the Environment Agency and further information about it is available on the agency's website at www.environment-agency.gov.uk/business/ 444251/444707/491098/?lang= - e.