Flytipping

What is flytipping?

Flytipping is the illegal dumping of any waste or rubbish anywhere other than at a licensed tip. Flytipping is a problem because uncontrolled dumping can present a hazard to the public, from for example: drums of toxic waste, asbestos sheeting, syringes and unused drugs. Depending on the nature of the waste and its location, there can be damage to watercourses, or to underlying soil quality. Flytipping undermines legitimate waste management activities; licensed operators have to charge more because they have invested in training and registration to comply with the law. It is essential that producers of waste, whether householders or businesses, take responsibility for ensuring their waste is managed without harm to human health or to the environment.

What are the costs of flytipping?

The Environment Agency estimates incidents of flytipping nationally each year cost between £100 million and £150 million to clean up. Residents are bearing the cost of the clearance of rubbish that is dumped by inconsiderate anti-social householders and traders posing as legitimate waste carriers.

What are the flytipping laws?

In the United Kingdom waste disposal comes under controls that impose a duty to ensure that waste is disposed of properly. Only holders of a Waste Carriers' Licence can transport, deposit or dispose of waste which must be at officially authorised sites that hold a Waste Management Licence. Anyone flytipping waste is committing a serious offence. Fines in Magistrates Courts are up to £50,000 and may include up to six months imprisonment. If the case goes to Crown Court fines are unlimited, and may include up to two years imprisonment or up to five years if hazardous waste is dumped. Where flytipping involves the use of a vehicle, the driver can be prosecuted, as can the person who owns the vehicle.

New legislation is in place which states that householders must “take all reasonable steps to ensure that waste is only taken from their homes by operators who are authorised to do so”. This means that the legal responsibility is placed on the householder to ensure that the trader is registered with the Environment Agency as a waste carrier. Householders are urged to take extra care when employing traders or private rubbish clearing operators as the householder could be faced with fine of £5,000 for failing in their ‘duty of care’ to pass on their rubbish to legal waste operators. Checks can be made online - http://www2.environment-agency.gov.uk/epr/ or by telephoning the Environment Agency 0870 8506 506.

Duty of care - What does it mean?

Duty of care applies to both businesses and householders involved in the handling of waste from the person who produces it to the person who finally disposes of it. Visit the Defra website for more information about the Defra Duty of Care Code of Practice.

Householders' Duty of Care

Anyone producing waste, including householders, is legally responsible for ensuring it is disposed of without endangering health or harming the environment. This applies to any type of waste that is unsuitable for disposal in your dustbin and unable to be taken as part of the weekly household waste collections.

Waste legislation introduced in 2005 makes householders legally responsible for ensuring their household rubbish is only passed on to an authorised person for disposal, or to a person for authorised transport purposes. More information about the duty of care can be found on the Defra website. The legislation is designed to help reduce the amount of dumped rubbish or flytipping. You can also report dumped rubbish online.

Business Duty of Care

If you are a business, you have a legal Duty of Care as set out in Section 34 of the Environmental Protection Act 1990, to deal with your waste responsibly to ensure waste is disposed of without endangering health or harming the environment. The Council officers can visit your premises and ask to see your Waste Transfer Notes as evidence that you are complying with the law and transferring waste to someone who is authorised to receive it. Further information regarding the Duty of Care for waste and exemptions can be found on the NetRegs website. Further information is available on the Netregs website.

Business Waste Collection

Businesses can contact the Council's Waste and Recycling Team if they need help in arranging for the disposal of their waste via the Council's refuse collection contractor.

How can we prevent flytipping?

The Council’s waste collection services can assist with disposal of larger household items with a chargeable bulky household collection. Residents can also take their rubbish to the local civic amenity site at Longshot Lane. Alternatively any licensed waste carrier can remove waste, but if you are using a private waste clearance company it is important to ask:

Visit the Environment Agency website to search for authorised, registered waste carriers and licensed waste sites. Please be aware that unlicensed waste collection companies sometimes approach householders offering to remove rubbish. If they flytip your waste you could be fined up to £5,000.

If you are a business, you must have a Duty of Care Waste Transfer Note. Further information regarding the Duty of Care for waste and exemptions can be found on the NetRegs website.

What is the Council doing?

The Council takes a view of zero tolerance to this very anti-social behaviour which blights the neighbourhood. The Council will do everything in its power to bring offenders to justice.

How can the public report flytipping?

Flytipping should be reported to:

Bracknell Forest Council: 01344 352000
Environment Agency’s flytipping hotline number: 0800 807060
Crimestoppers: 0800 555 111
Use the online form on the right. The form takes about 5 minutes to complete online and you can monitor your progress using the progress bar at the bottom of the screen.

Useful information to note:

Where the incident took place
Date, day and time that the flytipping took place
A description of what was tipped and the quantity
What happened – how many people were involved, what did they look like, what did they do, was a vehicle involved? If so, what were the vehicle details?
Did anyone else witness the flytipping? If so who? (Witnesses may be asked to appear in court.)