What is fly-tipping?
Fly-tipping is waste dumped or tipped in a place with no licence to accept it. Waste includes: general domestic waste, large items such as fridges and mattresses, garden refuse, commercial waste such as builder's rubble, clinical waste and tyres.
UK waste comes under controls that impose a duty to ensure that waste is disposed of properly. Only holders of a Waste Management Licence can recover, transport, deposit or dispose of waste. Your household waste is exempt so long as it is within your own premises or garden. Waste can only be deposited at officially authorised sites. Anyone fly-tipping waste is committing a serious offence. Fines are up to £50,000 - unlimited if it goes to the Crown Court, or an offender can be sent to prison. It is also an offence to allow fly-tipping on your land.
Where fly-tipping involves use of a vehicle, the driver can be prosecuted, as can the person in control of the vehicle. The police have powers to seize vehicles used for fly-tipping.
What are the penalties for fly-tipping?
If fly-tipped waste is traced back to a particular household, the householders could be fined up to £5,000. However, the idea is not to "run around" fining people, but to ensure that they use registered waste carriers.
We are responsible for the removal of fly-tipping within Erewash if on public land. We are committed to the prosecution of offenders and urge the public to report all matters of fly-tipping. To help us to prosecute, if you can get as much information as possible of the offenders then we can take appropriate action.
Register for a "My Erewash" account and let us know about flytipping. You can track your request so that you we will let you know what progress we are making.
To report incidents that you don't want us to feedback to you about use our general enquiries form.
Household Waste – Duty of care
The duty of care requires householders to take all reasonable measures available to them in the circumstances to ensure that they only transfer household waste produced on their property to an authorised person. This reduces the chance of waste ending up in the hands of those who would fly-tip it.
Some people pose as legitimate waste carriers and then fly-tip rubbish that they have been paid to dispose of properly. If any fly tipped waste is traced back to the household it came from, the householder could be fined. We recommend that you carry out the following check:
- Ask the contractor if they are a registered waste carrier and ask for their waste carrier licence
- Contact the Environment Agency on 03708 506506 and ask for an instant Waste Carrier Validation Check
Householders are encouraged to think carefully about whom they give their waste to, and not simply choose the cheapest option. We will take action against any householder who has not taken reasonable measures to ensure their waste is passed on to an authorised person. This can include a Fixed Penalty Notice of up to £400 or even prosecution. Cases where we might issue a FPN are:
- Where fly-tipped waste can be traced back to a householder who is found to have failed to take reasonable steps to ensure that they transferred the waste to an authorised person.
- Where an unauthorised carrier is found to be carrying waste that was directly transferred to them by a householder.
- Where a householder is found to be transferring their waste to an unauthorised person at a site that does not have a permit or exemption.
For more help and advice please contact 0115 9072244.
What to do:
- Put your domestic waste in the bin or bag provided by your local authority. They will collect the waste free of charge.
- Know where your local tip (civic amenity site) is and its opening times.
- Take your extra household or garden waste to the civic amenity site; there is no charge.
- If you need to dispose of extra or bulky waste contact your Council's waste collection service or use a licensed waste carrier.
- Ask you local authority to collect any business or commercial waste; there will be a charge. Or you can employ a licensed waste collector.
- Check how any people who come to work at your home intend to dispose of the waste (eg plumbers, builders, house clearers, landscape gardeners). Is it going to a licensed site for safe, legal disposal?
Further guidance for landowners and information on fly-tipping legal issues can be obtained from the Environment Agency website environment-agency.gov.uk.
The Neighbourhood Warden service was first introduced in response to concerns by people of Erewash about anti-social behaviour and environmental crime, such as dog fouling, littering and fly-tipping.
The wardens key areas of work include:
- Fly tipping
- Anti-Social Behaviour
- Dog fouling, dangerous dogs and stray dog collection.
You can contact the Neighbourhood Wardens by:
Pride-line: 0115 850 8383 (24 hours confidential hotline)
Our PRIDE in Erewash Campaign has been boosted by the launch of a new confidential 24-hour hotline which gives residents the power to tackle environmental crime in their local area.