Fly-tipping is the common term used to describe waste illegally deposited on land as described under section 33 of the Environment Protection Act 1990.
(a) deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence;
Waste includes: general household waste; larger domestic items including fridges and mattresses; garden refuse; and commercial waste such as builders' rubble, clinical waste and tyres. Such waste can occur in any quantities, in any mixture and in any location. (ENCAMS)
Both local authorities and the Environment Agency have powers to tackle fly-tipping. It has been agreed with the Local Government Association (LGA) a protocol that sets out the types of fly-tipping that local authorities and the Environment Agency respond to.
The Environment Agency investigates the larger scale incidents of fly-tipping, involving hazardous waste and incidents involving organised gangs of fly-tippers. Local authorities tackle clear-up of fly-tipping on publicly owned land, including roads and lay-bys.
Reports of fly-tipping incidents should be made to your local authority (telephone number in the phone directory) or to the Environment Agency on the 24-hour hotline number: 0800 807060
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.
Waste can be deposited only at officially authorised sites. Anyone fly-tipping waste is committing a serious offence. Fines are up to £20,000 and / or an offender can be sent to prison for up to six months. Fines are unlimited if indicated to the Crown Court, and up to two years' imprisonment. If the waste fly-tipped contains 'special waste', the prison sentence can be up to five years.
Where fly-tipping involves the use of a vehicle, the driver can be prosecuted, as can the person who owns the vehicle. The Environment Agency has the power to seize vehicles used for fly-tipping under the Control of Pollution Amendment Act 1989.
Under section 33 (Part II) of the Environmental Protection Act 1990 (EPA 1990) a fly-tipping offence has been committed if:
Under section 34 (Part II) of the Environmental Protection Act 1990, 'waste holders' (any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste) are under a 'duty of care' with regard to that waste and it is an offence if they fail to take all measures applicable to them in that capacity as are reasonable in the circumstances to:
In England and Wales, Regulations made on 25 February 2003 give waste collection authorities (WCAs) the power to serve a notice on businesses requiring them to furnish the WCA with their duty of care records. The Environment Agency, as the prescribed waste regulation authority, already has this power. (ENCAMS)
The issue of fly-tipping was included during the Capital Standards Enforcement Week 2005 with a number of activities being undertaken to address the issue.