HMRC clamps down on illegal waste disposal; Are you sure you’re compliant?

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Recent changes in legislation will see operators, landowners and contractors all being subjected to landfill tax evasion fines for illegal waste deposits. This is a ‘game changer’ for non-compliance in the construction sector.

According to the EA, any soils being moved or reused on site, that are not naturally ocurred inert materials, chould be deemed a waste and subject to a materials management plan (MMP) or a permit. We are concerned that a large number of contractors are reusing made ground type soils on site, which would now be considered an illegal deposit, without the necessary permits or MMPs.

HMRC clamps down on illegal waste disposal; Are you sure you're compliant?

Do not be misled. Ignorance would not stand as a viable defence and all parties will be deemed to share culpability. With any default, all parties would be charged for the landfill tax, plus an additional landfill tax evasion fine, to the equivalent amount of tax evaded.

Based on 1000 tonnes of non-compliant waste disposal, this could equate to a fine totalling £182,700.

The vigorous crack down on illegal waste disposal is well underway. Earlier this year Environment Agency officers visited multiple sites across the UK, uncovering illegal activity at many of them and several cases are still currently under formal investigation.

As a business that prides itself on compliance, we welcome this move to address ‘rogue operators’ within the industry, however we are concerned that non-conformance could be taking place on our partners sites without their knowledge and leaving them financially liable.

Waste disposal soil contamination

If you feel that you are involved in activities that may require MMPs or Permits, possibly relating to some of the following waste activities, then you may be liable for the tax:

  • Waste disposal off-site
  • Land remediation
  • Moving and re-use of soils on-site
  • Import of materials, e.g. recycled aggregates to site
  • Haulage between sites
  • Waste assessment & reporting

We are pleased to let you know that in response to these recent changes, Dunton are rolling out a series of free seminars for our Clients that highlight the measures that should be implemented to safeguard projects.

To make sure you are protected please contact us on 0121 356 4360 or email at