§ Mr. BennettTo ask the Secretary of State for the Environment which waste regulation authorities in England have classified secondary liquid fuel as waste; what plans the Environment Agency has to apply the duty of care provisions of part II of the Environmental Protection Act 1990 to secondary liquid fuels(a) in the area covered by each such authority and (b) in other areas of England. [18873]
§ Mr. ClappisonWhether or not a substance is waste must be determined on the facts of the case and the interpretation of the law is a matter for the courts. The Department has provided guidance on the interpretation of the definition of waste in DOE circular 11/94. No central record is held of waste regulation authorities' view on the definition of waste in relation to particular substances.
218WThe duty of care is an essentially self-regulatory system and the Environment Agency will not have a specific duty to enforce it. The effect of regulation 4 of the Environmental Protection (Duty of Care) Regulations 1991 will be to require a person on whom the Environment Agency serves a notice to provide a copy of the written description of the waste and the transfer note which those involved in the transfer of waste are required by regulation 3 to keep.