Whether you have a bag full of garden trash or a lorry load of construction waste, you must be extremely careful about how to dispose of it.
Why?
Fly-Tipping! It is a criminal offence in England and can cost you hundreds of pounds in fines. Fly-tipping is the illegal dumping of waste and rubbish on a land that does not have a license to accept it. It includes household, commercial, construction, electrical, and chemical wastes. Whether it is a broken fridge, a bag of syringes, or asbestos sheets from the attic, every kind of waste falls under the Fly-Tipping laws. Most importantly, fly-tipping laws make landowners responsible for safe and controlled waste disposal. So, if you fail to meet the regulations, be ready to pay punitive fines.
Why Does the Government Care So Much About Waste?
Waste is waste, but illegal waste disposal has severe community, environmental, and health-related consequences.
- Littering is a big hurdle in the government’s mission of keeping Britain tidy. When people leave rubbish on the streets or near garbage cans, it gives the area an untidy appearance and destroys its aesthetics.
- Uncontrolled disposal of harmful substances like chemicals, asbestos, and medical waste can harm people’s health.
- Improper waste disposal threatens soil quality, air quality, local streams, watersheds, and groundwater.
Is Fly-tipping a Big Enough Problem?
According to official statistics, there were over one million fly-tipping instances in England in the year 2022/23, and almost 60% of these instances involved household waste. The statistics show that it is a severe problem in the country, and the government has imposed harsher sentences and stricter penalties since 2018 to limit the problem.
Fly-Tipping and the Law
Environmental Protection Act of 1990
Section 33 of the Environmental Protection Act of 1990, ‘Prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste’, deals with fly-tipping. It prohibits depositing, treating, keeping, or disposing of controlled waste without a waste management license. It is also one of the most prosecuted sections of the Act.
Clean Neighbourhoods and Environment Act 2005
Part 5 of this Act explicitly deals with waste collection, transportation, and disposal and addresses the powers of the Environmental Agency and local authorities. It has set guidelines for enforcement, fixed penalty notices, and the amount of the fixed penalties.
Fly-Tipping and the Enforcement
An important piece of legislation in the enforcement of fly-tipping laws is the Waste Enforcement (England and Wales) Regulations 2018. It has enhanced the powers of the Environment Agency, Natural Resources Wales, and local waste collection authorities to serve notices to the landowners for illegal treatment, keeping, or disposal of waste and to restrict access or importation of waste in regulated areas or areas that are temporarily declared waste-free. Usually, local authorities investigate and supervise small-scale tipping incidents up to a lorry load. There was a total of 532,000 enforcement actions by local authorities in 2022/23. The Environmental Agency is involved when the tipping is large-scale or comprises dangerous substances.
Your local authorities and county councils are your allies in the fight against the illegal collection or disposal of waste. They are the enforcement authorities and have the power to serve you fixed penalty notices or fines for misconduct. They also have the power to clear the private land and seek reimbursement from the landowner.
Fly-Tipping and Penalties
If fly-tipping penalties are something to care about, local authorities issued 69,000 fixed penalty notices in 2022/23. Moreover, court fines for fly-tipping increased from £466 in 2021/22 to £526 in 2022/23. The government has recently considered increasing the maximum fine limits from £400 to £1000. So, if you do not want to get into trouble, you must take waste disposal very seriously.
Fixed Penalty Notices
Fixed Penalty Notices, or FPNs, are issued by local county councils when a resident or business fails to handle waste according to the laws. The landowners must admit the offence of fly-tipping and pay the fine. In case of failure to pay fines, the authorities can prosecute the landowner in court, and fines can go up to £5000. A common instance of FPN is when landowners hire an unlicensed or unregistered company to handle household waste. Therefore, choosing companies like One Clear LTD with waste disposal licenses is always safe and cost-effective.
If you believe a Fixed Penalty Notice has been issued to you mistakenly, you have the right to contest it in court. However, this can be a long and expensive process, so it’s best to ensure you are complying with waste disposal laws from the outset.
Seizure of Vehicle
Local county councils have the authority to seize a vehicle if they find it involved in fly-tipping. This means that if a vehicle from an unlicensed carrier transports waste or disposes of it on a site that does not have a licence to accept it, the vehicle can be captured.
If you are thinking about getting rid of the waste on your vehicle, be mindful of the high costs of fines.
Court Sentences
In severe cases of fly-tipping or when landowners fail to comply with FPN, they can be charged in magistrate courts. The sentences include up to 12 months in prison and up to £50000 in fines. If the fly-tipping perpetrator is charged in the crown court, the fine is unlimited, and imprisonment can go up to 5 years. The severity of these consequences emphasises the seriousness of the issue and the need for responsible waste management.
Remember, the penalties in fly-tipping incidents are kept high to ensure that residents hire licensed and lawful waste management companies. While it may seem that you are saving money by hiring an unlicensed company, it can get you in serious trouble! You will not only ruin your reputation in the community but will also be paying hundreds of pounds in fines. The potential consequences of fly-tipping are severe, so it’s crucial to take waste disposal seriously.
We are just a call away if you are looking for safe and hassle-free waste disposal in your area. Tel: 07400 341 944