Decision details

Change to the waste legislation - householder duty of care fixed penalty notice

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Change to the waste legislation - specifically sections 34 and 342A of the Environmental Protection Act 1990 (introduction of a fixed penalty notice for the 'householders duty of care').

Decision:

*RESOLVED –

 

1.   That the proposals to enable enforcement of the provisions of sections 34 and 34(2A) of the Environmental Protection Act 1990, as outlined in the officer’s report, be approved.

 

2.   That the fixed penalty level of £250 be adopted.

 

3.   That the Assistant Director – Health and Wellbeing, in agreement with the Cabinet Member for Health and Wellbeing, be granted delegated authority to introduce and carry out the new powers.

 

4.   That the Assistant Director – Health and Wellbeing be granted delegated authority to authorise the appropriate officers to issue fixed penalty notices under the Environmental Protection Act 1990.

 

REASONS FOR DECISIONS

 

1.   Illegally disposed of waste is a significant blight on local environments, a source of pollution, a potential danger to public health and a hazard to wildlife.

 

2.   Illegally disposed of waste has wider links with criminal activities, imposes avoidable costs on the public purse and draws money away from other priorities.

 

3.   The intention is that the level of the new fixed penalty will act as a deterrent to residents using unauthorised or unregulated waste carriers.

Contact: Esther Thelwell, Senior Environmental Health Officer Email: esther.thelwell@moderngov.co.uk.

Report author: Esther Thelwell

Publication date: 19/03/2019

Date of decision: 19/03/2019

Decided at meeting: 19/03/2019 - Cabinet

Accompanying Documents: