Dorset Council’s Environmental Enforcement Team has the power to take enforcement action against persons that commit a variety of environmental crimes. The following are the core offences covered by these procedures:
- abandoned vehicles
- devolved powers from the Driver and Vehicle Licensing Agency (DVLA)
- fly tipping
- duty of care compliance checks
- littering including littering from vehicles
- powers to prevent littering
6.1 Abandoned vehicles
Under the Refuse Disposal (Amenity) Act 1978, a person commits an offence if, without lawful authority, abandons on any land in the open air, or on any land forming part of a highway, a motor vehicle or anything that has formed part of a motor vehicle.
There is no legal definition of an abandoned vehicle. Authorised officers must use their discretion when forming decisions on abandonment using guidance issued by DEFRA.
Authorised officers will be able to arrange for the removal of a vehicle from a highway or public land.
Abandoned vehicles will be investigated if a motor vehicle or anything that has formed part of a motor vehicle is in the open air on any land or land forming part of a highway in such circumstances may reasonably be assumed to be abandoned including those vehicles that are a detriment to the environment i.e., it is vandalised or damaged.
Abandoned vehicles on private land can be removed at the request of the landowner or occupier. If the vehicle is on private land, we require a request for removal from the landowner and a copy of the land registry deeds, clearly showing the red curtilage line of ownership.
If found guilty of abandoning a vehicle on a highway or on land in the open air, a person can be fined up to £2,500, or a term of not exceeding three months imprisonment, or both. In lieu of prosecution, the Dorset Council’s Environmental Enforcement Team will issue an FPN of £200, reduced to £150 if paid within the first 7 days.
Procedural guide
Check the abandoned vehicle registration number on the .gov website to ascertain tax status.
- any vehicles reported which are on public roads that are untaxed for 2 months and 1 day or more or are SORN Vehicles on the public highway (except in certain exempt circumstances as set out by this policy) will be dealt with under the Dorset Council Untaxed Vehicle Enforcement Policy as at 6.2 below
- visually inspect the vehicle on site and complete an abandoned vehicle notice. Fill out as much information as possible. Indicate on this notice the timescale relating to its removal by Dorset Council. Immediate, 24 hours (detriment to the environment), 7 days (public road) or 15 days private land). Also include the W3W location and contact details of the enforcement officer
- attach the notice to the vehicle in a prominent position and take a picture of the notice attached. to the vehicle. Take further pictures of the vehicle showing its condition and location
- apply for registered keeper details from the Dorset Police
- send a letter to registered keeper instructing them to remove the vehicle from the area. The set removal period will be dated from the date the letter is sent. If there is no recorded keeper, then this period will be from the date the notice is attached to the vehicle
- once the notice has expired (7 days for vehicles on public highway and 15 days for vehicles on private land), an authorised officer will revisit the area to establish if the letter / notice has been adhered to by the registered keeper. Subsequently, if it is found that the vehicle is no longer at the location, the date of the revisit and a brief note needs to be entered on the abandoned vehicles spreadsheet. If the vehicle has been removed as detailed above the case needs to be updated and closed
- if, after the notice has expired or for other reasons, the decision is made to remove the vehicle, complete the abandoned vehicle lift request. Email this request to Matt@wsrecycling.co.uk
- this email should contain, vehicle details (registration, make, model, and colour), exact location (W3W, postcode). A picture of the vehicle should be sent with the email. Ask for notification from contractor that vehicle has been removed
- the vehicle will then be stored for 21 days at the contractor’s premises and then destroyed/dismantled. Vehicles of no value can be destroyed immediately
- if the owner contacts Dorset Council’s Environmental Enforcement Team after the vehicle has been removed from the highway/land and it has not yet been destroyed, the owner may collect the vehicle from the contractor at a cost. This is usually the removal fee and a charge for storage
- if an owner of a vehicle is identified at any stage of the process, dependant on individual case circumstance, Dorset Council’s Environmental Enforcement Team have the discretion to issue an FPN for abandoning a vehicle under the Refuse Disposal (Amenity) Act 1978)
- all stages of the process will be recorded on the abandoned vehicles spreadsheet. All related documents will be saved in the abandoned vehicles file
6.2 Untaxed vehicles
Dorset Council have been granted devolved powers from the Driver and Vehicle Licensing Agency (DVLA) and they are entitled to remove untaxed vehicles from the highway in accordance with the Vehicle Excise and Registration Act 1994 and related regulations.
6.2.1 Applicable legislation and guidance:
- the Removal and Disposal of Vehicle Regulations 1986
- the Excise Duty (Immobilization, Removal and Disposal of Vehicles) Regulations 1997
- DVLA: Code of Practice and Guidance notes for those authorized by DVLA to deal with vehicles that are not taxed 2017
- the Road Traffic Regulation Act 1984
6.2.2 Vehicles that can be clamped and removed
- vehicles reported on public roads that are untaxed for 2 months and 1 day or more or are SORN. Vehicles on the public highway (except in certain exempt circumstances as set out by this policy)
- GOV.uk should be used to check the tax status of a vehicle
Example: A vehicle’s tax runs out on 1st January 2019 – Enforcement action may be taken on or after the 2nd of March 2019.
6.2.3 This policy does not apply to vehicles that are:
- abandoned unless they meet the untaxed vehicle criteria as at 6.2.2
- parked in a hospital
- parked on land associated with a dwelling
- being used by the emergency services
- being used under a valid trade license
- exempt from having to have vehicle tax
- public service vehicles being used for the carriage of passengers for fare or reward
- being used by utility companies for legitimate statutory business needs
- being used by the Post Office in connection with the delivery or collection of postal packets and each side of the vehicle is clearly marked with the words “Post Office” or “Royal Mail”
The burden of proof for all land issues lies with Dorset Council Environmental Enforcement Team.
Procedural guide
6.2.4 Wheelclamping procedures
Enforcement action must be taken within 30 minutes of checking the tax status of the vehicle with the wheel-clamping section at DVLA directly by phone 0300 300 1496 (Option 2) They will authorise enforcement action or advise if a vehicle is not applicable for enforcement. (See 6.2.2 for vehicles that can be removed):
- take a photograph of the wheel and wheel arch you intend to clamp.
- place a clamp on the vehicle
- complete a CLE2/6 form and attach the red CLE2/6 notice to the vehicle
- when the CLE2/6 is completed then scan and send it to cle2-6@dvla.gov.uk Retain the original for 6 months. The CLE2/6 must be completed correctly as it may be used as evidence in court
- place the yellow untaxed vehicle sticker for clamped vehicles on the driver side windscreen
- place the information leaflet (INF32) on the windscreen – contact number must be placed on the front of the leaflet, either written, stamped or stickered
- take photographs of the vehicle (front/back/both sides) including wheel arch and wheel on which the clamp is affixed. A picture should be taken from the front showing the registration number and relevant stickers and notices attached. Photographs of any existing damage and location should also be taken
- complete a Vehicle Condition Report on site which highlights vehicle details/damage
- where a vehicle is clamped, it must be left in situ for a minimum of 24 hours before removal of the vehicle can be requested
- if the vehicle keeper does not pay the appropriate release fee, it must be impounded within 48 hours
- if release fee is paid, the clamp must be removed within 2 hours
6.2.5 Administration:
On return to the office complete and send the Wheelclamping Case Update Form to:
DVLA
- forms should be sent same day as enforcement action, or no later than 9.00am next working day
- sections 1-4 of the Wheelclamping Case Update Form MUST be completed for the initial enforcement action
- after the vehicle is lifted into the pound or a vehicle is released – Section 5 should be completed and re-sent to DVLA via the email mentioned above
6.2.6 Vehicle Recovery and pound procedures:
If the release fees are not paid, then recovery of the vehicle should be requested after 24 hours of clamping. A lift request will be sent to Matt@wsrecycling.co.uk Prior to recovery/impounded the recovery agent must physically check the vehicle against the vehicle condition report and take photographs of the vehicle in situ. The recovery agent must evaluate all vehicles impounded as follows:
- use a traceable guide to obtain an initial valuation
- make reasonable adjustments to the value where relevant, and record these on the Vehicle Valuation form. (Reasonable adjustments include deduction for damage or condition/no keys/ no documents or known history/ no knowledge or mechanical soundness or an addition for rareness/desirability
- send only the final valuation to Dorset Council on the wheel-clamping case update form and condition report
- the pound must keep the valuation form as DVLA may ask for it
- the pound is required to conduct a weekly physical pound check listing every DVLA vehicle held. They must email wheelclamping@dvla.gov.uk by 5pm every Friday
Until the vehicle is authorised for disposal by DVLA (timeframes specified in 6.2.2), the recovery agent does not have authority to access the vehicle. The keeper is the only person entitled to remove personal items. The keeper will need to provide documentation as required to release the vehicle and sign the Vehicle Content Removal form to confirm what possessions they have taken.
The Enforcement Team must deal with all telephone calls from the public in relation to enforcement action e.g., land issues and payment of fees.
6.2.7 Fees:
Release Fee
Within 24 hours of offence - £100
Surety Fee
- £160 for motorcycles, light passenger and light goods vehicles.
- £330 for buses, recovery, haulage and goods vehicles.
- £700 for exceptional loads and heavy goods vehicles such as a large lorry or bus.
Release Fee
Release from pound 24 hours or more after offence. £200
Surety Fee
- £160 for motorcycles, light passenger and light goods vehicles.
- £330 for buses, recovery, haulage and goods vehicles.
- £700 for exceptional loads and heavy goods vehicles such as a large lorry or bus
Release Fee and Surety Fee
- £21 per complete day at the pound
- the release fees are statutory fees and are not subject to VAT. Payment to be made by calling the Income Payable Team on 01305 228622
- customers who have paid a surety fee can claim it back by producing a valid tax receipt within 15 days of vehicle release. Declaring a vehicle SORN does not entitle the customer to a surety refund
- customers will need to bring a copy of the receipt to the pound or provide a transaction reference number if they used the Electronic Vehicle Licensing (EVL) service
- if the customer used the EVL service, The Enforcement team will need to confirm with DVLA wheel clamping that the transaction was successful on 0300 300 1496 (option 2) prior to authorising a refund. A surety refund is paid back to the payee only
6.2.8 Release of vehicle:
Procedure for vehicle release from highway - CLE1214:
- customer will call for the release
- confirm that the vehicle has been taxed online or at the Post Office (See 6.2.7) and that they need to produce that evidence before the clamp can be removed. If vehicle not taxed, inform that they need to pay £160 surety on top of the £100 release fee. They have 15 days on release to claim that surety fee back. Add 15 days from the date of the release on section 3, payment, surety fee box
- use the dedicated DVLA payment link to process the release fee and any other payments required
- the keeper is required to produce ID and the vehicles V5 or any other documents required by the enforcement officer. This can be produced electronically or at the roadside on release. If the keeper is not going to be present at the roadside the statement on the CLE1214 will be read to them on the phone
- Section 4- customer's name completed along with the date and time of release. Get customer to confirm no damage to vehicle before release (advise photographs taken before and after clamp has been attached). Tick appropriate box either confirm no damage or damage and advise customer that they will need to contact DVLA (if they believe there is damage). Circle the appropriate signatory and that they understand they may be contacted by the DVLA regarding the enforcement action taken
- customer to sign and print their name at bottom
- if the customer is not present endorse the CLE1214 appropriately
- release date and time upper section needs to be completed by us, also complete item 4, statement date and time and date in box, where customer signs
- scan documents to the relevant DVLA File on Dorset Councils systems
- update the Case Update with the date and time of the release and email this to wheelclampingcaseupdates@dvla.gov.uk
Procedure for vehicle release from the pound
- where a vehicle has been clamped and no owner has been forthcoming within 48 hours
- contact W&S to tow the vehicle away to compound, email Vehicle Condition Report to them
- W&S to take photos of the vehicle before the soft lift
- Vehicle Condition Report from to be completed by W&S and emailed to Local Authority
- W&S to take further photos once the vehicle has arrived at pound and in storage
- owner of vehicle contacts Dorset Council. Dorset Council Income team to take payment over the phone (to include £21 for each day in storage and where applicable the surety fee)
- once payment has been collected, Dorset Council arranges with W&S and customer to meet at the pound
- complete the Vehicle Release Receipt which the customer will sign before release
6.2.9 Disposal of vehicle:
W&S is responsible for ensuring that all notifications of scrapping or certificates of destruction are submitted to DVLA within 4 weeks of disposal. It is assumed that all disposals by scrapping comply with current legislation.
If the keeper wishes to disclaim all rights of ownership, they must complete and sign a Vehicle Disclaimer Declaration form CLE1206. Completed forms should be emailed to:
wheelclamping@dvla.gsi.gov.uk.
If Dorset Council wishes to auction the vehicle a request must be submitted to the DVLA via email: wheelclampingcauseupdates@dvla.gsi.gov.uk within seven days of receiving disposal authorisation. AUCTION REQUEST must be placed in the subject field.
Summary of process for clamping of untaxed or SORN vehicles
6.2.10 Report of untaxed vehicle received:
- the vehicle status is checked to see if it has current tax and if enforcement action can take place
- vehicle immobilised (clamped): If enforcement action can take place and the vehicle is untaxed, or is on the public road with a SORN, then Dorset Council may clamp the vehicle. The clamp should be attached within 30 minutes of the check undertaken to identify that enforcement action is needed
- vehicle logged: Photographs are taken of the untaxed/SORN vehicle, and a vehicle inspection report is completed. A completed Wheelclamping Case Update Form for each vehicle enforced must be emailed to wheelclampingcaseupdates@dvla.gov.uk by 9.00am the next working day
- removal: If payment is not made within 24 hours from the clamp being attached then the vehicle may be removed to the designated storage pound
- DVLA notification: The Council will inform the DVLA of the removal and the DVLA will then write to the registered keeper within 24 hours informing them of the removal
- storage: Removed vehicles will be kept in storage with W&S for a minimum of 14 days if they are valued at over £1000 or 7 days if they are valued under £1000
- release: If the relevant identification, payment, and surety are provided the vehicle can be claimed and released
- disposal: If the vehicle is not claimed within the given time frames then it may be scrapped or dismantled or auctioned according to its value
6.2.11 Instant removal of untaxed vehicle
Dorset Council reserves the right to conduct an instant removal of a vehicle which satisfies the criteria outlined in 6.2.2 and such a decision will be made on a case-by-case basis. Instant
Removal operations may be undertaken in circumstances such as, but not limited to problematic repeat offenders and partnership working with agencies such as the Police, DVLA and or the Environment Agency.
A decision to instantly lift an eligible vehicle does not in any way affect the fees (as specified in 6.2.7), owed to Dorset Council.
6.2.12 Associated forms:
DVLA Devolved Powers - Wheelclamping case update form.
- this form to be completed when initial enforcement action is taken, clamped or immediate lift and sent to DVLA the same day or no later than 9am next working day
- when returning after the initial time has lapsed (48 hrs), complete other sections of the form (No.5) if it is released, lifted, or vehicle not there. This is known as 'gone on arrival’
Vehicle release receipt - CLE1214
- to be completed when releasing the vehicle to the owner
- must provide evidence
- payment details completed as appropriate
- owner must sign declaration at the bottom of the form
- if released on the side of the road. Payment by card must be acknowledged before clamp removed. (Cash not accepted due to safety of officers)
Incident report
- complete this regarding any incidents that may occur during the stages of clamping etc. Any verbal or physical confrontation, damage to vehicles sustained by owner or any other occurrences
- any issues that may occur at the pound, report form to be completed by pound manager
Weekly pound check
- completed by pound on a weekly basis regarding vehicles they have stored. Emailed to DVLA and Dorset Council
Vehicle content removal form
- to be completed by the pound or officer if the owner removes anything from the vehicle (clamped at the roadside or in the pound)
- clamping officer/ W+S not permitted to remove any goods from the vehicle at any time
Vehicle condition report - CLE1213
- to be completed at the roadside by clamping officer
- W&S also to complete the same form when impounding which needs to be signed by clamping officer and W&S operative
CLE2/6LAP
- completed by clamping officer at the roadside when the vehicle is untaxed, whether within the two months one day period or beyond
- must be sent by email to: cle2-6@dvla.gov.uk
- Originals are to be retained by Dorset Council for 6 months
6.3 Fly tipping
The Environment Protection Act 1990 (EPA 1990) makes it an offence to deposit controlled waste, or knowingly cause or knowingly permit controlled waste, to be deposited in or on any land unless a waste management licence authorising the deposit is in force and/or the defence of an offender states that they are acting under his employer’s instructions.
The powers to deal with fly tipping incidents are shared between local authorities and the Environment Agency. The national fly tipping protocol (agreed between the Environment Agency and LGA) gives guidance on which authority should take the lead in dealing with fly tips dependant on their size, composition, and location.
Local councils have the discretion to choose whether to investigate such incidents on private land but have no obligation to clear fly-tipped waste. Dorset Council’s Environmental Enforcement Team will endeavour to investigate fly tipping incidents on private land where resources permit, and the severity warrants investigation.
Where there is evidence that a landowner is ‘knowingly permitting’ unlawful waste activities on their land by failing to address them, Dorset Council’s Environmental Enforcement Team may serve and enforce a notice under section 59 of the Environment Protection Act 1990 requiring the occupier of the land to remove material fly-tipped and/or reduce the consequences of the deposit of that fly-tipped material, i.e., secure the site.
Under section 59, Dorset Council’s Environmental Enforcement Team may remove fly-tipped material and can seek to recover the necessary costs of doing so from the occupier of the land or any person who deposited, knowingly caused, or knowingly permitted the deposit of the controlled waste.
The Clean Neighbourhoods and Environment Act 2005 applies a penalty for a person found guilty of a fly tipping offence to be a fine of up to £50,000- or 12-months imprisonment if convicted in a Magistrates Court. If convicted in a Crown Court, it is an unlimited fine, or a term not exceeding 5 years imprisonment for both hazardous and non-hazardous waste offences.
In lieu of prosecution for a fly tipping offence, Dorset Council’s Environmental Enforcement Team can give an alleged offender the opportunity to pay an FPN of £400, reduced to £200 if paid within the first 7 days.
Procedural guide
- for every fly tipping investigation, the following information must be recorded:
- date, time, place
- what was fly tipped (description, how much)
- check fly tip for evidence of origin (letters with names and addresses)
- take photographic evidence
- any evidence obtained needs to be recorded and stored as per the Criminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice
- try and establish:
- were there any witnesses (If so, then statements should be taken)
- note details of any vehicle involved (registration, make, colour etc) and obtain current keeper details from the Dorset Police
- descriptions of persons involved
- consider sending out investigative letter as appropriate (appendix 7 or 7a as appropriate)
This information can then be used to try and identify the offenders.
- interviewing witnesses:
- all persons who witness fly-tipping should have their identities established and a witness statement should be documented on an MG11 witness statement form and dated and signed by the witness.
- interviewing offenders:
- the following details of the interview must be recorded on disc or in notebook:
- date, time, place of interview
- who was present
- that the caution was administered - “You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
- details of any vehicle involved in the offence (registration, make, colour etc)
- what was fly tipped (description, how much)
- note any breaks in interview and reason
- the time at the end of the interview
- sign the master copy seal at end of interview and ask interviewee to sign at the end of the interview
- the importance of the caution will be explained and/or that the person being interviewed fully understands the caution
- decide on what enforcement action will be taken (i.e., written warning, simple caution, FPN and/or prosecution). If a prosecution is taken through the court, use Dorset Council’s Environmental Enforcement Team case file template
- 6.4 Seizing vehicles for suspected waste crime
Under the Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015, Dorset Council’s Environmental Enforcement Team can seize any vehicle, trailer or mobile plant and their contents if they have reasonable grounds to believe it is being or will be used in the waste crimes.
The Dorset Council’s Environmental Enforcement Team will seize a vehicle if they suspect it is:
- been used to illegally dump waste (e.g., fly tipping) in a way that could cause pollution to the environment or harm to human health
- driven by someone not registered as a waste carrier
- been used at a site that’s breaking the rules of an environmental permit
- breaking the rules of duty of care, e.g., it’s been used to transfer waste to someone not registered as a waste carrier
The procedure as quoted in the .Gov website will be followed (Local authorities: seizing vehicles for suspected waste crime).
6.5 Dropping litter
Pedestrians
The Environment Protection Act 1990 (EPA 1990) section 87 makes it illegal to drop litter.
This relates to places in the open air to which the public are entitled or permitted to have access without payment, including any covered place open to the air on at least one side and to which the public has access.
The Clean Neighbourhoods and Environment Act 2005 (CNEA 2005) extends the scope of that offence so that it becomes an offence to drop litter anywhere in the open air (including rivers and lakes) regardless of ownership, except in locations where the public does not have access, or the owner of the land has given permission for the dropping of litter, or a legal authorisation exists to do so.
The term litter refers to any discarded item/s that leads to the defacement of the area, including food and drink containers, sweet papers, cigarette ends, chewing gum etc. The absence of a litter bin is not an excuse to drop litter. There is usually a litter bin within a reasonable walking distance and people have the option to take it home.
If found guilty of a litter offence under this legislation, the offender can be fined up to £2,500, or a term of not exceeding three months imprisonment, or both. In lieu of prosecution for a litter offence, Dorset Council’s Waste Enforcement Team can issue an FPN of £100 reduced to £75 if paid within the first 7 days.
Procedural guide – pedestrians
- Dorset Council’s Environmental Enforcement Team’s Authorised Officers will approach and speak to pedestrian offenders. The officer’s authorisation and identity will be shown at the beginning of any interaction and the offender advised of the offence - “that, they did deposit and leave litter (namely….) on (any land or water open to the air, whether public or private, namely…), contrary to section 87 of the Environmental Protection Act 1990.”
- the offender will then be interviewed to obtain their name, address and date of birth and they will be given opportunity to comment. Evidence of identity will be requested but not insisted upon. If date of birth is declined, make a note of approximate age
- if a person picks up the litter following the approach of the officer, an FPN can still be issued. This can be done at the time or through the post
- if the offender refuses to provide their name and address, they will be informed that this will be treated as an obstruction and a PACE caution must be issued at this point. – (“you do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”) Police support may then be requested. The offender will now be liable for prosecution and not given the opportunity to receive an FPN
- if the FPN is not paid within 14 days, the alleged offender will be sent a reminder letter. This letter will state the terms of the penalty payment, and the payment deadline
- if an FPN remains unpaid for a further period of 14 days after the payment deadline has passed, a file will be put together, and court proceedings will be issued. All unpaid penalties will be followed up by prosecutions through the courts
Vehicles
Littering from vehicles can be dealt with using the Littering from Vehicles outside London (Keepers: Civil Penalties) Regulations 2018. These regulations allow a civil penalty charge notice to be issued to the keeper of the vehicle from which litter is thrown. This removes the need to identify precisely who threw the litter before taking enforcement action.
Under these regulations, the penalty can be levied between £50 - £150, with a default level set at £100. The civil penalty charge must be at the same level as the fixed penalty charge for littering. Therefore, Dorset Council’s Environmental Enforcement Team will issue a civil penalty charge of £100, reduced to £75 if paid within 14 days. If the civil penalty is not paid within the 28-day payment period the fine level liable will double.
Any income from these civil penalties will only be used for functions relating to litter and refuse.
Procedural guide - vehicles
6.6 Powers to prevent littering - Community protection warnings and notices.
The Community Protection Notice is intended to deal with unreasonable, on-going problems or nuisances which negatively affect the community’s quality of life by targeting the person responsible (Anti-Social Behaviour, Crime and Policing Act 2014) (section 43(1)).
The notice can direct any individual over the age of 16, business or organisation responsible to stop causing the problem and it could also require the person responsible to take reasonable steps to ensure that it does not occur again (section 43(3)).
An authorised person may issue a community protection notice to an individual aged 16 or over, or a body, if satisfied on reasonable grounds that (i) the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality; and (ii) the conduct is unreasonable.
A community protection notice may be issued by a constable, the relevant local authority, or a person designated by the relevant local authority for the purposes of this section.
A community protection notice imposes any of the following requirements on the individual or body issued with it:
- a requirement to stop doing specified things
- a requirement to do specified things
- a requirement to take reasonable steps to achieve specified results
A person issued with a community protection notice who fails to comply with it commits an offence. Breach of any requirement in the notice, without reasonable excuse, would be a criminal offence, subject to a fixed penalty notice (which attracts a penalty of £100) (section 52) or prosecution.
On summary conviction, an individual would be liable to a level 4 fine (currently up to £2,500). An organisation such as a company is liable to a fine not exceeding £20,000.
Procedural guide
- a written warning (appendix 9) will be issued to the person committing the offence. This must make clear the nature of the behaviour that is considered anti-social, that if they do not stop the anti-social behaviour, they could be issued with a CPN and, the time by which the offending behaviour must stop/change. It will also detail the potential consequences of being issued with a CPN, i.e., the penalties for breaching it.
- if the situation does not improve, the CPN will be issued (Appendix 10). This can be handed directly to the person in question, or it can be posted to them
- failure to comply will result in either an FPN being issued or prosecution through the courts
6.7 Duty of care compliance checks for commercial premises
Sections 34 and 47 of the Environment Protection Act 1990 (EPA 1990) places a 'Duty of Care' on all producers of commercial waste to ensure all such waste is stored and disposed of in a proper and safe manner.
Waste must be passed on to an authorised person and the producer must retain a waste transfer note that sets out certain details of the waste. These waste transfer notes must be kept for two years.
Under the EPA 1990, Dorset Council’s Environmental Enforcement Team can request to see evidence of a waste collection from a licensed waste disposal company (i.e., Waste Transfer Notes).
Regulation 35 of the Waste (England and Wales) Regulations 2011 imposes requirements in relation to the retention and furnishing of the waste transfer notes.
Regulation 35(6) states that the transferor and the transferee must keep the written information, or a copy of it, for at least 2 years and produce it to an officer of the appropriate body or of a waste collection authority on demand within 7 days.
If a person is not able to produce the relevant waste disposal documents, Dorset Council’s Environmental Enforcement Team will allow that person 7 days within which to produce the documentation.
Failure to produce any documentation after 7 days can result in a fixed penalty fine of £300 (reduced to £180 for early payment) or prosecution where the maximum fine is unlimited. The maximum fine for illegally dumping waste is unlimited and/or a term of imprisonment not exceeding five years.
Procedural guide for Duty of Care visits and complaints
If a complaint/report of suspected non-compliance is reported to enforcement, then the following process should be followed:
- contact will be made with the business or businesses we suspect that are not complying with the legislation, and at that point we will ask to see the WTN for their waste that has been removed. This will then comply with the following advice from KBT ‘the authority should only visit when they have sufficient information to suggest that an offence may have been committed’
- a letter requesting to see waste transfer notes for all waste streams within 7 days will be served upon the business. If this is the first contact the enforcement team have had with the business, then the duty of care leaflet will be given as well for education
- when requesting WTNs for businesses, enforcement officers will request to see copies of those relating to current waste arrangements for waste already removed that are in place and we will give 7 days to produce this evidence. While we can ask to see a full 2-year historic information, normally the requirement will relate to 6 months of WTN but subject to officer discretion dependent on the circumstances
- if after 7 days, the business does not produce the relevant duty of care paperwork, a FPN can be issued. The FPN will be for not providing information on waste that has already been taken away i.e., not providing any information on historic WTNs. Non-payment of this FPN will lead to court proceedings
- if the investigating officer is not satisfied that the WTN produced is sufficient for the waste produced by the business, then further enquiries should be made which may include with the waste carrier
6.8 Duty of care compliance checks for householders
Section 34 (2A) of the Environment Protection Act 1990 also places a ‘Duty of Care’ on householders to ensure they reasonable steps to check that people removing waste from their premises are authorised and licensed to do so.
As with the commercial checks, Dorset Council’s Environmental Enforcement Team can request to see evidence of a waste collection from a licensed waste disposal company (i.e., Waste Transfer Notes). A breach of the household duty of care would attract an unlimited fine if convicted.
Section 5 of the Control of Pollution Act 1989 states that a waste carriers’ licence is required if a person:
- transports waste
- buys, sells or disposes of waste
- arranges for someone else to buy, sell or dispose of waste
Failure to produce documentation after 5 days can result in a fixed penalty fine of £200 (reduced to £120 for early payment) or prosecution where the maximum fine is unlimited.
An FPN will be given when an individual appears to have failed to comply with their duty of care under section 34(2A) of the Environmental Protection Act 1990 in England. For example:
- where fly-tipped waste can be traced back to an individual who is found to have failed to take reasonable steps to ensure that they transferred the waste to an authorised person
- where an unauthorized carrier is found to be carrying household waste that was directly transferred to them by the occupier of a domestic property
- where an individual is found to have transferred their household waste to an unauthorized person at a site that does not have a permit or exemption
If fly-tipped waste is traced to an individual and they are unable to identify who took their waste, or the carrier they identify is unauthorized, then it is reasonable to believe their duty of care was not met.
