Issue - meetings

To consider a proposal for Fixed Penalty Notices in relation to duty of care for household waste.

The Committee considered a report on the adoption of fixed penalty notices in regard to household waste.

The Group Head of Neighbourhood Services explained that incidents of fly tipping had risen since 2015, particularly in the last year, and that introducing a household waste duty of care Fixed Penalty Notice would help deter those considering illegally disposing of their household waste. She clarified the difference between litter and fly tipping and their associated penalties, and informed the Committee how fly tipping was investigated and pursued. She further explained that a communications campaign would be done to inform individuals of their duty to dispose their own waste properly, and that new anti-littering posters had already started to go up in the borough.

A member requested clarification on some wording in the report in relation to paragraphs 1.1 and 1.9. The Group Head of Neighbourhood Services agreed that the word “not” should be added to 1.1 in the report to read: “It is accepted that some of this increase may be due to the issues related to the pandemic and the waste transfer station being closed but are not an excuse for anyone to fly tip their own waste or allow others to do so on their behalf.” She explained in relation to 1.9,  “Where an individual is found to have transferred their household waste to an authorised person at a site that does not have a permit or exemption,” that this refers to where an individual transfers their household waste to a waste site other than a Community Recycling centre that is not licensed by the Environment Agency to receive and dispose of controlled waste.

Alternative options considered and rejected by the Committee:

1) Do nothing.

2) Set an alternative level of fine and/or a discount for early payment.

The Committee resolved to:

1. Agree that Spelthorne Officers will use additional enforcement powers granted under the amended Environmental Protection Act 1990, to issue Fixed Penalty Notices to individuals where there is evidence that they have breached their duty of care for disposal of household waste, at a level of £200 without discount for early payment.

2. Delegate authority to the Group Head of Neighbourhood Services to authorise appropriate officers to issue Fixed Penalty Notices under section 34(2)(a) of the Environmental Protection Act 1990 to persons whom the officer has reason to believe has failed to comply with their duty of care in the disposal of controlled waste.