Waste disposal and a contractor's duty to inspect

Last Updated: 28 Feb 2019

A High Court judgement appears to have increased significantly the potential legal liability of disposal contractors who fail to carry out proper inspections of waste collected from industrial sites.

Durham County Council v Peter Connors Industrial Services Ltd (Queens Bench Division (Divisional Court), 19 May 1992) concerned offences under the Control of Pollution Act 1974. Although the precise statutory defence which was the subject of the case is not repeated under the replacement provisions in Part II of the Environmental Protection Act 1990, the general tone of the decision may have some relevance to the new legislative framework.

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