Fly Tipping Enforcement

Summary

 

Investigation, education and formal action in respect of fly tipping takes place throughout Barnsley.  Fly tipping, or "dumping", is the unauthorised deposit of household, commercial or industrial waste on any land within Barnsley, without there being a waste management licence/permit in force authorising this deposit.

Individuals or businesses who fly tip, or businesses who give their waste away without checking that it will then be treated correctly and completing the correct documentation, will face prosecution if evidence is obtained of their actions.  Also, prosecution of householders who give their waste to anyone without taking reasonable steps to ensure that they are authorised to take it away for them takes place.  Businesses who take away waste must be properly licenced and produce the correct documentation of any waste transfers.  Failure to be properly licenced or to produce transfer notes will result in prosecution.

 

Eligibility

 

All residents and businesses living in or operating in Barnsley.

 

Procedure

 

Upon receiving a complaint, the information is recorded on a computer system and allocated to an officer. The location of the fly tipping will be visited and investigations undertaken to try and ascertain the person responsible for the tipping, which may include formal interviews and surveillance etc. If sufficient evidence is obtained, the person responsible will normally be interviewed under caution to ascertain their part in the fly-tipping. If appropriate, a prosecution will be brought against them. Alternatively, if a residential occupier gives their waste to someone to get rid of and has not checked they are authorised to do so, the occupier may be prosecuted, in addition.

Where the waste is on Council land, this will be removed by the Council's Neighbourhood Pride Team, and costs for this sought from those responsible or those whose waste it is.

 

Helplines

 

 

Regulatory Services, Environmental Control Team: 01226 772468.
Email: Regulatory Services

Environment Agency (to check licenced waste carriers): 08708 506506

 

 

Charges/Fees

 

Service provision is free of charge. Fly tipping offenders found guilty if the offence in court can face an unlimited fine and/ or up to 5 years in prison. Householders giving their waste to an unauthorised person, may face a fine of up to £5000 on conviction in the Magistrates court.

 

Methods of Payment Available

 

Court fine payments determined by the Magistrates.

 

Opening Times/Locations

 

Our office at the Civic Hall on Eldon Street, Barnsley, is open from 9.00am to 5.00pm Monday to Friday.
 

How the customer can help

 

For any fly tipping being reported, provision of:

• Name
• Address
• Daytime contact telephone number
• Specific location of problem
• Land ownership of known
• Type of waste and approximate quantity of waste tipped
• When it was tipped
• Any evidence/ knowledge of who was responsible

 

Leaflets

Waste - Duty of Care , obtainable from DEFRA Publications, Admail 6000, London, SW1A 2XX

 

Distribution Points

 

Not applicable.

 

Legislation

 

 

• Environmental Protection Act 1990
• The Waste (Household Duty of Care) England & Wales Regulations 2005
• Control of Pollution (Amendment) Act 1989 

 

 

Response Times/Next Steps

 

Target is to make contact with customer/ commence investigations and action within 5 working days of receipt of call.

 

Out of Hours Procedure

 

No out of hours procedure for this service.

 

Owner Officer Contact Details

 

Barnsley Metropolitan Borough Council
Regulatory Services
PO Box 602
Barnsley
S70 9FB
Phone: Regulatory Services 01226 772468
Email: Regulatory Services
Fax: (01226) 775699.

 

Additional Notes

 

Fly tipping and rubbish removal cost the UK £413 million last year. It can harm wildlife, people and the environment, and discourage investment in an area. A third of all fires attended by the Fire Service are related to litter and rubbish.

We enforcement action against those who spoil our environment, including proactive investigations, "stop and search" of waste carriers with the police, and placing evidence of fly tippers before the court. Officers will also undertake proactive patrolling and surveillance to identify those responsible.

We are using publicity, media/signs, etc. to remind people and businesses about the environmental laws. We are advertising and liaising with communities about how they can comply.

Useful Contacts

The Environment Agency
Tel: 08708 506506

Fly Tipping Hot Line
The Environment Agency

Tel: (0800) 80 70 60

To Report Streets, Verges and Parks etc That Need Sweeping or Cleaning

The Council's Neighbourhood Pride Team
Tel: (01226) 775656

Domestic Bulky Items Collection Service, Information About Household Waste Recycling Centres

The Council's Waste Management Service
Tel: (01226) 772045
Email: Waste Management 

Problems With Rubbish in Gardens etc

Barnsley Metropolitan Borough Council
Regulatory Services
PO Box 602
Barnsley
S70 9FB
Phone: Regulatory Services 01226 772468
Email: Regulatory Services
Fax: (01226) 775699.

National Guidance and Advice on Fly Tipping etc

ENCAMS (Keep Britain Tidy)

 

 

Frequently Asked Questions

 

Q. How can I get rid of my rubbish?

A. In your wheeled bin if you are a householder, by taking it to the Council's Household Waste Recycling Centres (householder's own waste only), by hiring a skip or using a licenced waste disposal contractor - check that they are licenced with the Environment Agency, or you may end up being prosecuted and also, your waste may end up being fly tipped.

Q. What if somebody offers to take away my rubbish?

A. If someone appears on your doorstep unannounced to offer this to you, be very suspicious - it is likely that they will not be licenced to carry waste and will fly tip it after you have paid them. Only use reputable contractors who have a waste carriers licence for the type of waste you want them to take away. Check with the Environment Agency on 08708 506506 that the person or company has this licence, and if not, do not use them, and report them to the Environment Agency and the Council. Using an unlicensed contractor may result in you being fined.

Q. If I am a business, do any other laws apply to me?

A. Yes, you have a duty of care to ensure that your waste is treated safely and properly, until it is finally disposed of. Your duty extends beyond when you pass it to someone else to take away or dispose of, as you are still responsible for it then. You must complete Waste Transfer Notes whenever you hand on your waste, which describes the waste, making sure that the person you are giving it to is legally allowed to take it from you. Before removing your waste, you must also store your waste securely and safely, so that it cannot get out of your control accidently, must not cause detriment to the local area, must not cause pollution nor harm anyone.

You can also complete our online form to report on Flytipping

 

 

Related Links:

• The Environment Agency
• ENCAMS (Keep Britain Tidy)