Fly-tipping is the illegal dumping of household and trade waste in lay-bys, country lanes, car parks etc. It is more hazardous than littering and is therefore a criminal offence under waste legislation. On conviction, the fine is up to £50,000, six month's imprisonment or both.
If you see someone committing a fly-tipping offence or need to notify us of fly-tipping, report fly-tipping online or you can call us on 0115 981 9911.
Fly tippers - we're watching you!
Rushcliffe Borough Council is cracking down on fly tipping, following a rise of over 80% in the amount of rubbish dumped in the borough.
Over 100 tonnes of waste, including industrial waste, furniture, white goods, oil drums, tyres and garden waste was fly tipped on Rushcliffe’s roads and green spaces between March 2015 and March this year. That’s compared to 57 tonnes in 2014/15.
The Council is now targeting 75 fly tipping hotspots across the borough with glowing ‘evil eyes’ signage and increasing patrols and CCTV to catch the culprits in the act.
Illegal dumping can pose serious health risks and attract rodents and Streetwise cleaned up 522 incidents of fly tipping across Rushcliffe last year. Thanks to new powers which came in in May, local authorities can issue on-the-spot fixed penalty notices of between £150 to £400 to anyone caught illegally dumping waste.
If caught and prosecuted, fly tippers face a maximum sentence of a £50,000 fine or 12 months in prison. Householders also have a responsibility to ensure that household waste produced on their property is passed on to an authorised person to dispose of, and failure to do this can result in a £5,000 fine.
Cllr Roger Upton, Portfolio Holder for Environment at Rushcliffe Borough Council said: “Fly tipping is bad for the borough, it looks awful, ruins the beautiful countryside and is costly to clear up – and unfortunately it’s happening more often. But we’re not complacent about it – we want the fly tippers to know that we’ll be watching them and we’ll take action on those who want to blight our borough.”
The Council is urging residents to help them tackle the problem by reporting it if they see someone committing a fly-tipping offence or notice a fly tip that needs clearing by calling 0115 981 9911 or visiting www.rushcliffe.gov.uk/doitonline/
Residents are also reminded that they can dispose of household waste free of charge at the Nottinghamshire County Council Household Waste Recycling Centre on Rugby Road in West Bridgford. For bulkier unwanted items, Rushcliffe Borough Council offers a collection service for a small charge.
Household duty of care
Everyone who handles waste, including householders, has a duty of care to do so responsibly.
Householders must ensure that household waste is properly disposed of. Household waste is defined in section 75(5) of the Environmental Protection Act 1990 and includes waste from domestic properties, caravans and residential homes. The householder duty of care is provided by Section 34(2A) of the Environmental Protection Act 1990 (inserted by the Household Waste Duty of Care Regulations 2005). A breach of the household duty of care could also attract an unlimited fine if convicted.
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.
Reasonable steps to take:
- Ask the waste carrier to provide you with their full address and telephone number.
- Ask to see their waste carrier licence issued by the Environment Agency.
For more information on tackling fly tipping and householders responsibility, visit: http://www.tacklingflytipping.com/individuals/1504.
You can contact the Environment Agency directly on 08708 506 506 and ask for a free instant Waste Carrier Validation Check, alternatively you can check online on the Environment Agency website.
If your waste is found in waste tipped illegally in the Borough you will be asked to demonstrate what reasonable steps you have taken to dispose of your waste. If you have not taken sufficient reasonable steps you may be prosecuted for an offence.
In April 2015 the Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015 were introduced.
The regulations set out the procedures Rushcliffe Borough Council must follow once they have seized property, for example a vehicle or its contents. We have the powers to seize a vehicle, trailer or mobile plant and their contents if it's believed the vehicle is being or will be used to commit a waste crime such as fly-tipping. Vehicles and their contents can be seized under the Control of Pollution (Amendment) Act 1989 or the Environmental Protection Act 1990 Section 34.
A vehicle can be seized in the following circumstances:
- If it is used to illegally dump waste (fly tipping) in a way that could cause pollution to the environment or harm to human health
- If it is driven by somebody who is not registered as a waste carrier
- If it is used at a site that is breaking the rules of an environmental permit
- If it is used to transfer waste to somebody who is not registered as the waste carrier
A seized vehicle can be held for the duration of 15 working days whilst it is being investigated. Where a prosecution has been started, the vehicle may be retained for the duration of the prosecution and a Magistrate would decide whether the vehicle would be returned to its owner or surrendered for sale or destruction.
How to claim a seized vehicle
To claim a seized vehicle you must be the legal owner of the vehicle and be able to provide the following documents to prove this:
- Proof of Identity: valid photo card driving licence or valid passport
- Proof of address: Two official documents displaying the applicants name and address no more than three month old
- V5C Vehicle registration Document: in the name and current address of the applicant
- Valid current certificate of motor insurance: in the claimants name and current address
- If a vehicle is loaded with waste or scrap metal: a valid waste carrier license and written information duty of care waste transfer documents for the load carried
- If the vehicle is untaxed, it will need to be taxed before the vehicle is released
If we require further proof of legal ownership we would notify you within one working day, any further proofs must be received within two working days from receipt of the request, we will then notify you of a decision within three working days.
Where a vehicle has been claimed you will have 10 working days to collect the vehicle, if the vehicle is not collected within 10 working days it can be sold or destroyed.
If a vehicle is not claimed within 15 working days, it will be sold or destroyed and any proceeds will go against the seizure costs.
Vehicle Seizure notices
Vehicle seizure notice Reference no. 19/00089/EPAS34 Date: 16/08/2018
Vehicle Seizure Notice Reference no. 18/00117/EPAS34 Date: 13/12/2018