Fly Tipping and Littering

We have seen an increase in the amount of fly tipping and littering in the area recently and would remind residents and businesses that they should dispose of their waste when not using the council services.

Disposing of your waste legally

All residents need to be aware that under legislation that came into force in 2005, they have a ‘Duty of Care’. This is probably a phrase that residents are not familiar with – put simply, residents need to ensure that any rubbish not collected from them as part of a council service, must be collected by a business licensed to carry waste. Anyone who takes waste away from your home (or a business) has to be a registered waste carrier.
If you are employing a tradesman to work on your home, then it is your responsibility to make sure that they (or the skip company) are registered waste carriers. You should ask to see their Environment Agency licence.
Those trades and services that may need to be registered as waste carriers include builders, carpet fitters, kitchen fitters, gardeners, electricians, plumbers and even tree surgeons. If you have any doubt then call the Environment Agency on 03708 506 506 for an instant waste carrier check.

Business Waste Duty of Care

Any business that produces, handles or disposes of controlled waste has a statutory obligation to ensure it is managed correctly under Duty of Care legislation. Controlled waste’ is effectively all waste that arises from business premises. This includes waste that is collected for recycling as well as waste that is disposed of to landfill or incineration.
Under the Environmental Protection Act (1990) all businesses must:

• Stores their waste correctly i.e. it must be properly contained

• Ensure their business waste is collected by registered waste carriers

• Ensure all collections are covered by a valid Waste Transfer Note that includes a written description of the waste to enable anyone handling it to do so safely and appropriately

• Hold records of Waste Transfer Notes for at least two years (legal requirement)

• Be compliant with the laws surrounding lawful waste management – ignorance of the law is no defence if your waste is found fly tipped.

Council officers can inspect business documentation at any time to ensure they are complying with the law. If businesses cannot provide the requested documentation i.e. not able to demonstrate lawful waste management, they can be issued a Fixed Penalty Notice (Currently £300) under the Environmental Protection Act (1990).