Council and Democracy

Agenda item

Unauthorised deposit of Waste (Fixed Penalties) Regulations 2016

Decision:

*RESOLVED -

 

1.   That the proposed actions to enable the enforcement of the provisions of The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016, as set out in the officer’s report, be approved.

 

2.   That the Council’s Constitution be amended to enable the enforcement of the Regulations and to enable officers within the Environmental Protection Team to issue Fixed Penalty Notices.

 

3.   That the amount of the Fixed Penalty Notice be set at £300.

 

REASON FOR DECISIONS

 

Fly tipping is a significant blight on local environments; a source of pollution; a potential danger to public health and a hazard to wildlife. It also undermines legitimate waste businesses where unscrupulous operators undercut those operating within the law. The Fixed Penalty Notice will provide an additional enforcement tool and is in addition to the existing options listed in paragraph 3.5 of the officer’s report.

Minutes:

The Senior Environmental Health Officer submitted a report to seek approval for proposed actions needed for the council to meet its obligations with regard to the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016, and for amendments to be made to the council’s constitution to allow the issuing of Fixed Penalty Notices.

 

The officer’s report noted that the illegal depositing of waste, known as fly tipping, had resulted in over 2000 complaints being made to the council since 2012, and that a number of existing enforcement options were currently used for dealing with fly tipping offences, such as informal warning and formal cautions, as well as prosecutions in the courts. The introduction of the Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 would now allow local authorities to issue fixed penalty notices when an enforcement officer had reason to believe that a person had committed a fly tipping offence in the council’s area. The regulations stated that non-payment of the fixed penalty notice would result in a prosecution.

 

*RESOLVED -

 

1.   That the proposed actions to enable the enforcement of the provisions of The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016, as set out in the officer’s report, be approved.

 

2.   That the Council’s Constitution be amended to enable the enforcement of the Regulations and to enable officers within the Environmental Protection Team to issue Fixed Penalty Notices.

 

3.   That the amount of the Fixed Penalty Notice be set at £300.

 

REASON FOR DECISIONS

 

Fly tipping is a significant blight on local environments; a source of pollution; a potential danger to public health and a hazard to wildlife. It also undermines legitimate waste businesses where unscrupulous operators undercut those operating within the law. The Fixed Penalty Notice will provide an additional enforcement tool and is in addition to the existing options listed in paragraph 3.5 of the officer’s report.

 

 

 

Supporting documents: