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Enforcement Team

Fly-tipping

Fly-tipping is the "illegal deposit of any waste on to land that has no licence to accept waste".

 

The Council provides ample facilities for the removal of waste and unwanted goods and materials. When people choose not to use these facilities they may dump their waste. Fly tipping can appear anywhere:- housing estates; grass verges; private land; garage sites; woodland; public open spaces; cemeteries; nowhere is safe.

 

It is an offence under the Environmental Protection Act 1990 to fly tip any material. Conviction could lead to a heavy fine. The Council has set up an enforcement team and part of their duties will be to take a prominent role in the investigation of fly tipping incidents with a view to taking enforcement action.

 

Should I report it?

Fly tipping is illegal and dangerous, it can ruin the appearance of an area and bring down the neighbourhood.

 

If you report it, the rubbish can be removed and with your help the crime can be investigated.

 

The Council may wish to prosecute the person fly tipping and will be keen to use your evidence in court. Even if you do not wish to be a witness, it is still important to report these crimes. Help beat environmental crime by making sure it is always reported.

 

Fly tippers are doing something illegal. They do not want to be caught. You should not approach them. Only approach the site when you are sure it is safe to do so.

 

Some waste is hazardous. Do not touch anything, you should not approach the waste or open any bags or containers.

 

When you report fly tipping please have as much information as possible including what the waste looks like and how much there is and a description of any vehicle involved along with the registration if possible.

 

The enforcement team will then be able to investigate the offence and arrange for the removal of any waste on Council land. If the fly tip is on private land the Council will make efforts to contact the owner.

 

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Preventing Fly-tipping

If you are considering paying for someone else to dispose of waste on our behalf we recommend you check:

 

  • that you are using a genuine/reputable company/individual
  • where they are proposing to take your waste
  • they can give you a receipt for this service
  • they have a waste carrier licence.

By following these simple guidelines you greatly reduce the likelihood of your waste being found amongst a fly tip and the Council having to investigate the possibility of pursuing enforcement action against you.

How does it affect me?

  • As council tax payers, cleaning up fly tipping costs us all money.
  • It can be dangerous and potentially harmful to you and your family's health.
  • It spoils our enjoyment of the environment.
  • It can cause serious pollution to the environment.
  • It attracts arson and further fly tipping.
  • It can be dangerous for wildlife.
  • Householders not taking reasonable measures to check operators posing as legitimate waste carriers, could face fines up to £5,000. Registered waste carriers can be found online on a 'waste carrier register' set up by the Environment Agency (this is an external hyperlink).

What happens if it is on private land?

  • If the person responsible for the fly tipping or the owner of the refuse cannot be identified the rubbish becomes the responsibility of the owner(s) of the land.
  • Private land includes unadopted alleyways which are the joint responsibility of the owners of all the properties with direct access to the alleyway.
  • If there is an environmental health nuisance, Environmental Health may be in a position to serve statutory notices on the owner(s) of the land or the refuse, if it can be identified.

 

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What are the penalties?

Offenders can be fined up to £50,000 and/or 5 years imprisonment. Fines are unlimited if the case goes to the county court.

 

Further Information

If you would like to discuss or have further information on the above please phone us on 01329 236100. The enforcement team may be emailed at regulatory@fareham.gov.uk and waste collection or recycling enquires should be sent to waste@fareham.gov.uk.

 

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