This Council treats this problem very seriously and will seek to prosecute anyone caught fly-tipping waste.
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. It includes almost all waste items ranging from a single black rubbish bag to multiple loads of construction waste.
Fly-tipping is a serious criminal offence. A person convicted of fly-tipping could face a fine of up to £50,000 and/or 12 months imprisonment. In more serious cases a Crown Court may impose an unlimited fine and the prison term increases to 5 years. It is also important to realise that there can be offences committed before the fly-tip occurs when the sanctions can be the same as actually doing the fly-tipping. Persons linked to these cases may be liable to investigation and prosecution if the waste is subsequently fly-tipped. They include:
• Anyone transferring waste to another person for disposal without checking:
o whether that person is authorised to carry waste and
o where the waste is going,
• Anyone giving permission for fly-tipping to occur on land they control
• Fly-tipping associated with dumping waste from vehicles. In these cases 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.
Fly-tipping Obstructing the Highway
If a fly-tip is blocking part or all of the road the this should be reported to Hertfordshire County Council via their online fault reporting form or by phone to 0300 1234047. For any fly-tips off the road then please report this to the District Council using the information found here.
Householders and businesses have a ‘Duty of Care’ to ensure that their waste is transferred only to authorised persons. By following these simple steps you may help prevent your waste being fly-tipped.
• If you give waste to anyone else ensure they are authorised to carry it. Ask for their carrier’s authorisation. You can check online at www2.environment-agency.gov.uk/epr/search.asp?id=EP8&&type=register or by telephone 08708 506506
• Ask where the waste is going. Use the waste directory online to check legitimate sites - www.wastedirectory.org.uk
• Ask for a receipt detailing where the waste is going, vehicle details, carrier’s authorisation number - this is a legal obligation for businesses but is good practice if you are a private householder. Further information is available www.defra.gov.uk/environment/waste/legislation/duty.htm
• Can the waste be taken by the Council special refuse collection for large items? For details contact us on 01727 809019 or visit our website at Bulky waste
Date of last review: 07 January 2016
If you witness fly-tipping actually taking place call the police on 999 and give as much detail as possible. If you discover fly-tipped waste after the event call our hotline number 01727 809019 or email us the details on firstname.lastname@example.org
REMEMBER – DON’T CONFRONT THE FLYTIPPERS OR OTHERWISE PUT YOURSELF AT RISK!
Information that you provide can greatly support us in our fight against this illegal activity. To assist our investigations it would be helpful to record as much information as you can at the time of discovery. If you can take photos (e.g. camera phones) please do so. Factors to consider include:
• 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.
• If there was a vehicle involved, what was the registration number; make; model; colour?
• Were there any distinguishing features or signs on the vehicle?
• Where you were when you saw the fly-tipping; what kind of view did you have; how far away were you; what were the weather and light conditions?
• 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?
All information is valuable to us and will be treated confidentially.
If you require any further information about fly-tipping or your ‘Duty of Care’ please call us on 01727 819598 or email email@example.com
Finally keep in mind that you should not approach any individuals who you find fly-tipping or otherwise put yourself in danger; report it to the police or this Council.