Fly tipping is the common term used to describe waste illegally deposited on land as described under section 33 of the Environment Protection Act 1990.
The definition includes items ranging from a single black rubbish bag to multiple loads of construction waste.
The fly tipping of controlled waste is a serious criminal offence which carries a fine of up to £50,000 and/or 12 months imprisonment. If the case is very serious and goes to Crown Court an unlimited fine may be imposed and the prison term goes up to 5 years.
It is important to realise that there can be offences committed by others before the fly tip, such as permitting the fly tip or causing the fly tip and the sanctions are the same as actually doing the fly tipping, or, if there is vehicle involved, there are offences relating to the controller of the vehicle:
· Anyone giving permission for fly tipping to occur on land they control will be open to investigation and prosecution.
· Anyone giving waste to a another person for disposal without checking a) whether that person is authorised to carry waste b) where the waste is going, and the waste is subsequently fly tipped will be open to investigation and prosecution for causing the fly tipping.
· Fly tipping is often associated with dumping waste from vehicles. In this case the person controlling the use of the vehicle, normally the registered keeper, can also be prosecuted. This means that it is possible for a prosecution to occur when only the vehicle, not the driver, is identifiable.
Preventing fly tipping
Simple steps can prevent fly tipping.
If you give waste to anyone else ensure they are authorised to carry it. Ask for their carriers authorisation. You can also check online via the Environment Agency website or by calling 08708 506506.
Ask where the waste is going. Use the waste directory online to check legitimate sites.
Ask for a receipt detailing where the waste is going, vehicle details, carriers authorisation number- this is a legal obligation if you are in business but is good practice if you are a private householder. Further information is available from Defra
If you are a business and need to know more about protecting your environment use Netregs online.
In an effort to reduce the number of fly tipping incidences, the Council provides a special refuse collection for large items.
Witnessing fly tipping
If you witness fly tipping or fly tipped rubbish, any information that you can provide will assist us in our fight against this illegal activity.
To assist investigations it would be helpful if you could record as much detail as possible and report the incident immediately. All information is valuable to us and will be treated confidentially.
The type of information that can be useful includes:
- Date and time that you saw the fly tippers in action or discovered the rubbish.
- Location of the incident - address or local landmarks.
- A description of the rubbish e.g. builders rubble.
- How many people did you see?
- Did you recognise any of them?
- Can you describe them? (e.g. sex, hair colour, height, distinguishing features)
- What did you actually see these people do?
- Was there a vehicle involved - make / model / colour / registration number?
- Were there any distinguishing features or signs on the vehicle?
- Where were you when you saw the fly tipping: what kind of view did you have? how far away were you? weather and light conditions.
If you can take photos (e.g. camera phones) please do so, but do not put yourself at risk.
Remember: do not approach any individuals and do not put yourself in any danger.
If fly tipping is in progress please call 101 for a police response. If you discover it after the event please call Customer Services on (01590) 646123 or contact us online
The Environment Agency has the statutory responsibility to investigate the larger scale fly tipping incidences where the waste may pose a serious risk to the environment and where the activity is linked to organised crime.
Remember - Don't put yourself at risk!