Fly Tipping - Illegal Dumping

Fly tipping, which is the illegal disposal of controlled waste, is a criminal offence.  The Community Protection Team will take enforcement action against any householder or business who either illegally disposes of their waste or does not ensure that their waste is collected by a registered waste carrier.  A range of sanctions are available including warnings, formal cautions, prosecution in Magistrates / Crown Court, vehicle seizures and injunctions.  Offenders may also have to pay investigation, clean up and vehicle recovery costs, along with legal fees.

Fly tipping advice

Fly tipping is a crime and as such those involved do not wish to be caught, so you are advised not to approach anyone suspected of fly tipping directly.  However, public support is invaluable, so if you do witness fly tipping, if possible please take the following steps to aid officers with their investigations.

• Make a note of any vehicle, including model, colour and registration number.  Also if you can, note what they were wearing and any distinguishing features or characteristics which might help with future identification.  If you are within hearing distance record anything which was said along with any discernable accents
• Make a note of what they dumped, the location, weather conditions and how far away you were at the time
• Never touch any waste which has been dumped, as it may be hazardous and contain harmful substances, chemicals, glass or needles. The Enforcement Officers are specially trained to deal with such incidents and they carry specialist equipment to deal with discarded waste.  There may also be clues within the waste which could help identify the perpetrator, so please treat the waste as a crime scene by not touching or removing anything
• You may be asked to provide a witness statement and supply any photographs or notes you have in your possession.  However, often we will only need details of when the incident took place and who was involved 
• Although prosecution may not always be possible arrangements will be made to remove the discarded waste

Private land

Although private land owners have the responsibility for removing waste from their own land, we can provide advice on how best to accomplish this.  It is worth remembering that action can be taken against land owners if they allow unauthorised tipping on their property.

Householders duty of care

Legislation introduced under the Clean Neighbourhoods and Environment Act 2005 places a legal duty on householders to ensure they only transfer their household waste to an authorised person or to a licensed carrier.  If you ask someone to remove waste on your behalf or if someone offers you a waste removal service, ask to see their Waste Carrier's Registration Certificate.  A genuine waste contractor will be happy to oblige and provide correct documentation.  If you allow your waste to be removed without checking the carrier's credentials and it is subsequently dumped, you may be liable to prosecution.  Please be particularly careful with 'cold callers' at your door, who offer to remove any waste for cash. 

To confirm a trader has the necessary credentials you can contact the Environment Agency by calling 03708 506 506 and requesting an instant Waste Carrier Validation Check.  Alternatively you can visit their website at www.environment-agency.gov.uk. 

National Fly Tipping Prevention Group

The National Fly Tipping Prevention Group (NFTPG) is a group of organisations across the country working together to tackle fly tipping.  To receive further information on fly tipping and gain an insight into their work and members, visit www.tacklingflytipping.com.

Points to remember:

1. Fly tipping on any land where there is no Waste Management Licence is a criminal offence.  Unfortunately, where offenders can't be traced Council Tax contributions will be used to remove the waste
2. Leaving any waste outside Household Waste Re-Cycling Centres when they are busy or closed is also an offence
3. It is illegal to pass waste to an unlicensed waste carrier
4. Dropping litter on any land is an offence, for which you can be issued with a £50.00 Fixed Penalty
5. Do not touch any waste which has been dumped or directly approach fly tippers
6. If you carry waste without a Waste Carrier's Registration Certificate, you may be arrested and have your vehicle seized
7. Fly tipping is a criminal offence and those prosecuted are often fined and end up with a criminal record.  The maximum penalty is a £50,000 fine and / or 5 years imprisonment

If you wish to report fly tipping or have witnessed rubbish being dumped and are willing to assist in our investigations, we would be pleased to hear from you.  To report fly tipping or illegal waste activity call Herefordshire Council on 01432 261761 or E-Mail info@herefordshire.gov.uk.  Alternatively, you can contact Amey Streetscene on 01432 261800 or streets@herefordshire.gov.uk.