Waste Enforcement within Local Government

Contents • Why Do We Enforce • A Very Brief History of Household Waste Regulation • How Section 46 EPA 1990 worked

• Deregulation and its Consequences • ASB Crime and Policing Act 2014

• Current Side Waste Enforcement • Other Legislation of Interest

Fly Tipping Statistics for 2014/15 • 900,000 Incidents • £50,000,000 Spent by local authorities • 48% Fly-tipping incidents on highways • 66% Household waste • 31% Small van load size • 515,000 Enforcement actions • £17,600,000 Cost of enforcement actions

A Very Brief History of Household Waste Regulation • 4000 BC leave it were it lands* • The Public Health Act 1875 created a public health authority in every area and Local Authorities have a statutory duty to remove household waste irrespective of how it is presented • The Environmental Protection Act 1990 s45 (1)(a) states that “It shall be the duty of each waste collection authority to arrange for the collection of household waste in its area”. • In 2008 changes to s46 of the Act gave Local Authorities the power to require the occupier to place the waste for collection in receptacles of a kind and number specified: • Section 46 (1) Where a waste collection authority has a duty by virtue of section 45(1)(a) above to arrange for the collection of household waste from any premises, the authority may, by notice served on him, require the occupier to place the waste for collection in receptacles of a kind and number specified. • *This meant Local Authorities, could leave any waste not presented appropriately, however by doing so this may create a public health problem including odour, insects and/or vermin, put immense political pressure on local politicians and attract unwanted media attention.

Section 46 Notice 1. Household items must only be placed out for collection in a wheelie bin, or other receptacles provided for this purpose. 2. These may only be placed out for collection no earlier than 6.00pm the evening prior to the day of collection and no later than 7.00am on the day of collection. 3. Glass, plastic bottles, cans, paper and cardboard must be placed loosely (no bags) in the appropriate recycling receptacle(s) provided for this purpose, for collection. 4. Any waste from your premises that remains uncollected must be taken back to your property until arrangements can be made for its disposal. 5. After emptying, you are required to recover your wheelie bin, and other waste receptacle back onto your premises no later than 4pm the day after scheduled collection.

Section 46 Enforcement (Then) • Offence committed in breach of s46 requirements • Opportunity to discharge liability by paying an FPN, 14 days to pay. • Failure to pay results in court appearance. • In theory three weeks before prosecution stage.

Deregulation Act 2015 •

Section 58 Household Waste: decriminalisation •

(i) has caused, or is or was likely to cause, a nuisance, or

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(ii) has been, or is or was likely to be, detrimental to any amenities of the locality.

Political Opinion • It is wrong to treat someone like a criminal for making such a mistake, and the sanctions are clearly disproportionate. • Our proposals do not impose significant new burdens on local authorities.

• We believe that people should be supported in their efforts to do the right thing, rather than have the weight of criminal law turned on them. • We are looking for local authorities to promote recycling through effective communication and through making it easier for householders to know which plastics can go in the recycling bin.

Local Government Opinion Local Government Association stated “We feel a continuation of the current regime would be the most sensible way forward. For us it is of paramount importance to retain a meaningful deterrent and therefore criminal sanction in order that local authorities can continue to best protect the interests of their residents. We also have significant concerns about the proposal to move to a civil regime” (LGA, no date).

Section 46 Enforcement (Now) • Offence committed – must breach s46 notice and cause a nuisance or be detrimental to local amenities

• If the council intends to take further enforcement action, a written warning must be issued explaining what part of the s46 notice the resident failed to comply with.

• The letter must then specify a timescale for the resident to start to comply with the S46 notice and the consequences of failing to do so i.e. that a fixed penalty notice can be issued. This letter is valid for a year, and multiple FPNs can be issued under this notice within that year.

• If evidence of illegally deposited waste is again found again the LA will have to provide a ‘Notice of Intent’. This must advise the resident that the Council intends to issue a FPN, and the right to make representations within 28 days (FPN suspended).

• If no relevant representations are made after 28 days the Council can issue a Final Notice, the FPN with a payment deadline of 28 days (increased from 14 days).

• Appeal possible to a First-Tier Tribunal, which either confirms FPN is payable or rejects it. 28 days to pay from ruling (FPN suspended)

• The option to take legal action in the event of non-payment has been removed, this will now be recoverable as a Civil Debt

• In theory thirteen weeks before prosecution stage.

Anti-Social Behaviour Crime and Policing Act 2014 Community Protection Notices (CPN)

s43(1) (a) 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 (b) the conduct is unreasonable. s43(5) A person may issue a community protection notice to an individual or body only if— (a) a written warning has been given that the notice will be issued unless the conduct ceases to have the detrimental effect referred to in subsection (1), and (b) satisfied that, despite having had enough time to deal with the matter, conduct is still having that effect.

Side Waste Enforcement Procedure • First offence both a Section 46 Notice served & Community Protection Warning is issued (7 days ) • Second offence Community Protection Notice is served (7 days)

• Third offence Prosecution

Enforcement Legislation Public Health Act 1936 s78 Prevention of Damage by Pests Act 1949 s4 Local Government (Miscellaneous Provisions) Act 1976 s16 Environmental Protection Act 1990 s33, s34, s34(2)(a), s46, s47, s59, s80, s87 Town & Country Planning Act 1990 s215 Environment Act 1995 s108 ASB Crime & Policing Act 2014 s43

• 18 inches between kerb and bin was judged to far for refuse collectors in Trowbridge! • 500,000 wheelie bins are fitted with microchips to monitor householders waste! • £700 fine was handed to stockport resident for putting her bin out a day early! • 4 inch opening led to resident being fined £210 for having an ‘over-filled’ bin!

Further Reading Colvin, S. (2014) Introduction to Waste Legislation. .

Environmental protection act 1990, c. Available at: http://www.legislation.gov.uk/ukpga/1990/43/section/46 (Accessed: 3 April 2016). DEFRA (2015) Https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469566/ Flycapture_201415_Statistical_release_FINAL.pdf. . HM Government (2015) Deregulation act 2015 CONTENTS. Available at: http://www.legislation.gov.uk/ukpga/2015/20/pdfs/ukpga_20150020_en.pdf (Accessed: 3 April 2016). Hope, C. (2008) Right of households to rubbish bin collection by councils to be abolished. Available at: http://www.telegraph.co.uk/news/politics/2435861/Right-ofhouseholds-to-rubbish-bin-collection-by-councils-to-be-abolished.html (Accessed: 6 April 2016). London Councils (2015) Enforcement of Waste Receptacle Offences Deregulation Act 2015. . TheyWorkForYou (2011) Available at: http://www.theyworkforyou.com/pbc/201314/Deregulation_Bill/10-0_2014-03-11a.5.0 (Accessed: 3 April 2016).

Questions Mark Wilde Blackburn with Darwen Borough Council