Fly-tipping – Householder Duty of Care Penalties
Earlier this year, new powers came into force which could see householders facing large penalties if they fail to take all reasonable steps to ensure that anyone they pay to take waste away from their home is a licensed carrier registered with the Environment Agency.
Reasonable steps include:-
• Asking the waste carrier to provide their full address and telephone number.
• Asking to see their waste carrier licence issued by the Environment Agency.
• Checking online on the Environment Agency website.
An authorised person may still fly-tip waste, but if fly-tipped waste is traced to a property and the householder is unable to identify who took their waste, or the carrier they identify is not licensed, then it is reasonable to believe their duty of care was not met. The maximum penalty for this offence is £400 so we urge residents to check before buying a service.
For more information and to apply for a voucher, click on the link below:
https://www.essex.gov.uk/Documents/Nappy_Voucher.pdf
At the current time, fly-tipping is not a major problem in the Braintree District, but it pays to be vigilant and so if you happen to notice any waste in the lay-bys and lanes in your town/parish, please report it to our Customer Services Centre. (Please note that the Council’s obligations are restricted to the public highway and public open space; waste dumped on privately owned land is a matter for the relevant land-owner.)
New Powers to Control Littering
From 1 April 2018, new powers come into force that will allow local authorities to almost double the maximum fixed penalty for dropping litter from £80 to £150. The minimum penalty also increases from £50 to £65 from 1 April 2019. On 12 March 2018, Cabinet approved a recommendation to adopt the new default penalty of £100, with a reduced payment of £75 if paid early. [At present, the penalty in the Braintree District is £75 reduced to £50 if paid early.]
In addition, there are new powers to discourage littering from vehicles as, for the first time, local authorities outside of London will be able to issue a Penalty Charge Notice (civil fine) to the Registered Keeper of a vehicle if it can be proven that litter was thrown from their car – even if it was discarded by someone else. This will undoubtedly help improve cleanliness standards, particularly in relation to fast food litter. Please report any incidents you witness to Braintree District Council's Customer Services Team so they can follow up all opportunities to catch those responsible for blighting our beautiful District with litter.