Fly Tipping
The Enforcement Team can take action against anyone who fly tips either domestic or business waste on land that forms part of the highway or is owned by this Council.
In cases where there is a witness to a fly tipping offence, we will carry out an inspection and seek to gather sufficient evidence with a view to taking legal action.
We will also arrange with our Street Services Team for the fly tipping to be removed. However, in cases where an offender can be identified we will endeavour to recover costs for cleaning up.
If you wish to make a complaint then please contact the Enforcement Team in one of the following ways:
Report Fly Tipping Online
By Telephone on 01283 508576
By email at: enforcement@eaststaffsbc.gov.uk
If you would like to make a complaint we will require the following information so that we can action it.
- Location
- Date & time fly tipping occurred
- Description of fly tipped waste
- Identity of alleged offender (address and if possible name)
- Vehicle registration details (you may have witnessed an alleged offender dumping waste from a vehicle)
- Any other information you consider to be helpful
If you wish to report an incident of fly tipping, but do not have information about an alleged offender, please contact our Street Services Team by telephoning 0800 269 098.
For more information please read our Fly Tipping FAQs
What is Fly Tipping?
Fly tipping is the illegal dumping of rubbish or bulky items on land that is not licensed to receive it. By this we mean land that it is not suitable to dispose of waste on. Flyntipped waste can be found anywhere, such as roadsides, in lay-bys or on private land.
A wide variety of wastes are fly tipped. These include rubbish, large domestic items, such as fridges and mattresses, garden waste, tyres and clinical waste. Large amounts of waste from construction, demolition and excavation activities are also dumped.
Why is fly tipping illegal?
Fly tipping can be dangerous. Dumping waste can be hazardous to the public; especially when the waste consists of drums of toxic material, asbestos sheeting or syringes. Fly tipping can also pollute surrounding land and waterways, damage wildlife and ecosystems and costs the council tax payer significant amounts of money to clear away.
In the UK, waste is disposed of under laws that impose a duty on producers and transporters of waste to ensure that all waste is disposed of properly. Only holders of a Waste Carriers License can recover, transport, deposit or dispose of waste. Waste can be deposited only at officially authorised sites. Fly tipping is illegal. Anyone caught fly tipping waste is committing a serious offence.
What is the law regarding fly tipping?
There are several pieces of legislation relating to fly tipping. In England, Wales and Scotland, the main legislation is the
Environmental Protection Act 1990 (EPA 1990), Sections 33, 34 and 59. However, the recent Clean Neighbourhoods Act 2005 also makes some extra provision for tackling fly tipping.
The following punishments can apply:
Fly tipping fines are up to £50,000 and/or 12 months' imprisonment in a Magistrates Court. If the case goes to the Crown Court fines are unlimited and a sentence of up to 5 years in prison can be awarded if hazardous waste is dumped.
The person found guilty of fly tipping is now liable for the costs incurred by the Council in investigating and clearing up the incident.
It is an offence to permit or authorise fly tipping on land where a Waste Management License is not held. Where fly tipping involves the use of a vehicle, the driver can be prosecuted, as can the owner of the vehicle. The police and courts have powers to seize vehicles used for fly tipping and either sell or dispose of them.
It is the policy of the Council to seek to prosecute for each offence of fly tipping (where evidence can be found) reported to us.
Where can I get advice on how to dispose of my waste?
Businesses:
Waste produced as a result of business activity is classed as controlled waste. You are therefore legally responsible for making sure that it is disposed of correctly. For further information on what to do with your waste visit
http://www.businesslink.gov.uk/bdotg/action/layer?r.s=tl&r.lc=en&topicId=1079068363. This site has specific guidance on what to do with your waste based on the type of business your run.
If you pay for a trade waste collection make sure that your waste is collected by a registered Waste Carrier. To check whether a company is registered use this link to check the Environment Agency’s Public Registers.
Householders:
If you are having a new kitchen or bathroom put in take a moment to think about how you are going to dispose of the waste before you get started. Hire a skip (see local telephone directory or search the internet). Alternatively take your waste to the
local amenity sites.
If you are having alterations or improvements made to your house by a company make sure they are disposing of the waste correctly. By law householders are now responsible for checking that contractors are correctly disposing of waste. Ask to see a waste transfer certificate/license. Check the company is registered on the Environment Agency’s Public Register.
REMEMBER: If you are a householder, you are required to take reasonable steps to check that people removing waste from your premises are authorised to do so.
Facts & Figures
In 2010/11 185 incidents of fly tipping were reported to East Staffordshire Borough Council. This was at a cost of £8607 to the tax payer. Nationally fly tipping cost £40 million to the tax payer.
If you have any information regarding this fly tipping then please get in touch with us, we will deal with your information in the strictest of confidence.
What we do to tackle fly tipping
As well as reacting to fly tipping that has already occurred (and therefore damage already being done) The Enforcement Team also carryout regular campaigns, such as Stop & Search Initiatives and we will soon be launching a Tackle the Tippers Campaign for 2011/12 so keep an eye out for our launch.