Agenda item

*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.

The Senior Environmental Health Officer submitted a report providing details on recent changes to the Environmental Protection Act 1990 and associated guidance with regards to local authorities issuing fixed penalty notices for the illegal disposal of household waste. The report also sought approval to introduce a new £250 fixed penalty notice.

Nationally, there had been a year on year increase in fly tipping offences of which over a third arose from households. Changes in legislation had placed greater accountability on householders for disposing of their household waste responsibly, and introduced provision for prosecutions or the issuing of fixed penalty notices. Whilst the Council would resort to bringing prosecutions where appropriate, the option of a fixed penalty notice was preferred as it was more cost-effective and productive in changing behaviour.

The legislation set a minimum and maximum level of fixed penalties at £150 and £400 respectively. Other nearby local authorities had set the level of the fixed penalty notice at £250. The report therefore proposed to set the level for Chesterfield at £250 to reflect the seriousness of the offence and encourage householders to dispose of their waste safely and legitimately.

*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 would act as a deterrent to residents using unauthorised or unregulated waste carriers.