Ryedale District Council

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Fly-tipping and fly-posting

Fly-tipping

Fly-tipping is the illegal dumping of waste. You can report fly-tipping online here.

What is the offence?

We clean up fly-tipping on land we own and public highways or roads. If the land is privately owned the landower is responsible for clearning the fly-tipping.

We investigate every case and if we recover evidence we may prosecute those responsible. A range of actions are available to us including prosecution and vehicle seizures. Offenders will also have to pay any costs of the investigation, clean up, vehicle recovery costs and legal fees.

If you find fly-tipping please report it to us - don't remove letters or other information that could be used as evidence for a prosecution.

Penalties for fly-tipping

Fly-tipping is an offence under section 33, 34 and 59 of the Environmental Protection Act 1990.

The maximum penalties are:

  • Prosecution at Magistrates Court - Fine £50,000 and/or 12 months in prison
  • Prosecution at Crown Court - Unlimited fine and/or 5 years in prison
  • Seizure of vehicle used for fly-tipping
  • £300 Fixed Penalty fine for failing to produce Waste Transfer Notes
  • £300 Fixed Penalty fine for failing to produce Waste Carriers Registration Certificate
  • £2,500 for dropping litter

Why run the risk?

We offer a bulky item collection service to collect up to two items for a minimum charge of £28 inc VAT. There are also four Household Waste and Recycling Centres; in Malton, Thornton-le-Dale, Wombleton and Seamer Carr (open to residents of Sherburn and Staxton) which are run by North Yorkshire County Council, and smaller recycling sites across the district.

Legitimate waste disposal companies can be found in classified listings, but you should always check they have a waste carrier's licence they can show you. Find out from the Environment Agency on 08708 506 506 or www.environment-agency.gov.uk.

If you ask someone else to remove your waste and they dispose of it illegally, you are still legally responsible and may be prosecuted.

The following information has been taken from the Environment Agency's Fly-tipping Guidance:

  • If you observe someone fly-tipping or, more often, discover fly-tipping after the tippers have left, you should use the following guidance.
  • Visually inspect the waste. Stand up-wind of it to avoid any possible fumes. Try to make a note of what it consists of, what quantities and where it is laid, especially whether it is in or anywhere near to water (surface water or groundwater).
  • Do not touch the waste unless it is clearly inert. Fly-tipped waste can sometimes include toxic chemicals, asbestos, broken glass or clinical waste (e.g. contaminated syringes). What initially appears to be builders rubble or soil may contain hazardous substances.
  • Do not disturb the site. There may be evidence which can lead to tracing the culprits and prosecution.

Submit an online form or call the Environment Agency (0800 807060) for immediate advice on what steps to take to secure the safe removal of the waste.

Write down as many details as possible for use by the police, the council or the appropriate agency. Please record the following details:

  • The day, date and time that you saw the fly-tipping (including when the tipping stopped)
  • Who was with you?
  • What you saw - How many people did you see? Did you recognise any of them? What did they actually do? Was there a vehicle involved?
  • If so, what was the make, colour and registration number? Were there any distinguishing features on the vehicle?
  • Where were you when you saw the fly-tipping - What kind of view did you have? How far away were you? What was the weather like, was it dark or not?
  • A description of what was tipped - How much was tipped? What did it look like?

If you see someone fly-tipping it is important to write down as many details as possible, as you may be asked to make a statement. It is important that you do not throw these details away as you may need to refer to them later on.

 

Fly-tipping is illegal and offenders may be prosecuted for a serious offence. There are several pieces of legislation relating to fly-tipping, the main legislation in England, Wales and Scotland being the Environmental Protection Act 1990 (EPA 1990) Sections 33, 34 and 59.

Fines may be up to £50,000 and/or six months imprisonment. Fines are unlimited if the case goes to the Crown Court and offenders could face up to two years' imprisonment, or up to five years if the waste is classed as hazardous.

It is also an offence to allow waste to be dumped on land which is not covered by a Waste Management Licence. If a vehicle is used for fly-tipping both the driver and the owner may be prosecuted and the vehicle may be seized by the police.

 

Fly-posting is a guerrilla marketing tactic through the act of placing advertising posters or flyers in legal or illegal places. It is an offence and offenders may be prosecuted. Offenders show a blatant disregard for the environment, the well-being of other people and the costs of clearing up the problem they have created.

If you have any evidence of anyone or any organisation carrying out fly-posting, please contact the Environment Agency on 0800 807060. To ask for the removal of any fly-posting please submit an online form.

 

 

Contact us


Ryedale District Council
Ryedale House
Old Malton Road
Malton, North Yorkshire
YO17 7HH

Email: Contact the Council

Phone: 01653 600666

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