An Introduction
The Environmental Protection Act 1990 (EPA) is part of the legal framework for Japanese knotweed management in the UK. This invasive plant is nasty and can damage property, so it needs to be handled and disposed of in accordance with the laws.
The EPA is just one of several important laws that govern Japanese knotweed control and management. For a comprehensive understanding of all relevant legislation, we recommend reading our complete guide to Japanese Knotweed UK Law.
The EPA and Controlled Waste
Under the Environmental Protection Act 1990, Japanese knotweed material is classified as ‘controlled waste’. This classification applies to both the plant itself and any soil contaminated with its roots or rhizomes. The Act stipulates that controlled waste must be disposed of properly at licensed facilities, making it illegal to include Japanese knotweed in general garden waste or to dispose of it in regular household bins.
Section 33 of the Act specifically prohibits the unauthorised deposit, treatment, or disposal of controlled waste. This means that even storing cut knotweed material on your property could potentially breach the Act. The legislation requires that all parts of the plant, including seemingly dead material, must be treated as controlled waste due to the plant’s remarkable ability to regenerate from very small fragments.
Soil containing knotweed rhizomes is particularly problematic under the Act. Even if only trace amounts of root material are present, the entire volume of soil must be treated as controlled waste. This has big implications for construction projects or garden renovations where soil needs to be cleaned up.
Legal Responsibilities for Homeowners
The EPA has big responsibilities for homeowners through its ‘duty of care’ provisions. This goes beyond just disposal and includes:
- Preventing knotweed from escaping from your property
- Only transferring waste to approved persons
- Keeping detailed records of waste transfer
- Properly packaging and labelling waste during transport
- Verifying the credentials of waste carriers and disposal sites
Breaking these rules can result in big trouble. Courts can impose unlimited fines, and prosecution can get you a criminal record. The Act also enables authorities to recover costs for any necessary remedial actions they must take to address improper knotweed disposal.
Property owners must obtain waste transfer notes for each load of knotweed material removed from their property. These notes must be retained for a minimum of two years. They should include specific details about the waste type, quantity, and disposal location.
Local Authority Powers
Local authorities have significant powers under the EPA to deal with Japanese knotweed. Section 79 of the Act defines statutory nuisances, which can include knotweed infestations that affect neighbouring properties. Local authorities can:
- Issue abatement notices to control infestations
- Investigate suspected improper disposal
- Enter properties to assess knotweed problems (with notice)
- Carry out the works and recover costs from the property owner
- Prosecute persistent offenders
The Act also allows authorities to serve notices for information on how and where waste is disposed of. Failure to comply with these notices or providing false information is a criminal offence.
Practical Compliance
To comply with the EPA when dealing with Japanese knotweed, you should:
Full Documentation Trail
- Maintain detailed records of all contractor correspondence
- Keep copies of waste transfer notes
- Document the volume and nature of the material removed
- Photograph the affected areas before and after treatment
Working with Licensed Contractors
- Verify waste carrier licenses through the Environment Agency
- Ensure contractors have specific experience with knotweed
- Obtain written confirmation of disposal site locations
- Request copies of relevant insurance certificates
Site Management
- Clearly mark contaminated areas to prevent accidental spread
- Install appropriate root barrier membranes where necessary
- Create a detailed management plan for long-term control
- Implement biosecurity measures during treatment works
Disposal Procedures
- Use appropriate containment methods during transport
- Double-bag all knotweed material in heavy-duty plastic
- Clearly label waste as containing Japanese knotweed
- Only use authorised landfill sites with relevant permits
Summary
If you have Japanese knotweed on your property, you must comply with the Environmental Protection Act 1990. The Act’s provisions on controlled waste and disposal are a key part of the legislative framework for knotweed management. But this is just one piece of the jigsaw.
Remember, professional help is essential when dealing with Japanese knotweed to ensure full compliance with all legislation. If you have Japanese knotweed on your property, get expert advice to develop a plan to deal with it in line with the law.
