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Householders ignoring duty of care for waste disposal face new fines of £300

Fly Tipping Pic

Torridge District Council have approved the adoption of powers to issue fixed penalty notices for homeowners who breach their "duty of care". This means that householder's need to take reasonable measures to ensure that someone accepting their waste is authorised to do so.  

If a householder's waste is fly-tipped, by them or by someone else they pay to take the waste away, they could now face a £300 fine.

The council is advising householders of their responsibilities to help them choose a legitimate waste carrier and ensure their waste is responsibly disposed of. The advice is to always use a registered waste carrier to collect their rubbish. There are some simple steps - using the SCRAP mnemonic - anyone can take:

Suspect all waste carriers. Don't let anyone take your rubbish until they can provide proof of registration and take a note of their vehicle registration plate. If an offer sounds too good to be true, there's a strong likelihood that something untoward is going on.

Check the waste carrier is registered on the Environment Agency website - https://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers  or phone 03708 506 506 for a waste carrier validation check.

Refuse any unexpected offers to have your rubbish taken away.

Ask how your rubbish will be disposed of and seek evidence of this.

Paperwork must be obtained: a proper invoice, waste transfer note or receipt, including a description of the waste being removed and the waste carrier's contact details.

Janet Williams - Environmental Health and Community Safety Manager at Torridge said:

"We investigate and actively pursue fly tippers who blight our district. When we trace the waste we often find that it has been collected from domestic premises and that the resident has paid a small sum of money to 'a man with a van' to get rid of it. Everyone has a duty of care to ensure their household waste is disposed of correctly. You can be fined or prosecuted even if your waste is fly-tipped by someone else. Remember, if it's your waste, it's your responsibility."

Prior to the introduction of fixed penalty notices, TDC had to choose between taking no action or a formal prosecution, which would criminalise the homeowner. The ability to issue fixed penalty notices is a more proportionate out-of-court sanction. However, it sends a clear message that it is unacceptable to plead ignorance if domestic waste is fly tipped"

Householders can now be issued with a £300 fixed penalty notice - reduced to £180 if paid within 10 days - if they pass their domestic waste onto a third party, who then dumps the items. 

Torridge District Council provide a bulky waste collection service - details can be found here: https://www.torridge.gov.uk/bulkyitems

24 April 2019