Who should be informed about fly tipping?
Contact your local authority in the first instance for advice on what action should be taken to remove the fly tipped material. You will need to let them know the broad nature and specific location of the waste. The local authority will add the details to the FlyCapture database. Record the names of any officials contacted and make a note of the advice given.
The Environmental Health Department (or other relevant Department) of the local District or Unitary Councils may be able to inspect the waste, or ask the appropriate Agency to do so. They will advise on:
- who should/can take responsibility for clearing the waste (the appropriate Agency, local authority itself or the land manager);
- when it can/should be cleared;
- how it should be cleared (e.g. if the land manager is to do the work, whether any special equipment is needed); and
- where it should be taken.
The Environment Agency should be informed where hazardous waste is/might be involved and/or the waste might pose a pollution risk (to water, soil or air). Use their emergency hotline 0800 807060 for serious incidents. For non-hazardous incidents across the region use the Fly Tipping Hotline 08701 999 455.
Report all fly tipping incidents to the police so that they are aware of their extent and nature and accordingly the incidents figure in police statistics on local crime. The police have specific responsibilities in relation to abandoned vehicles. Incidents may be investigated by the local authority and/or the police depending on the specific circumstances of the case.
Fly tipping in any form is a criminal offence and should be treated as such by all parties. However, you may find that niether the local authority, Police or Environment Agency will be prepared to remove the waste itself.
What if you are responsible for removing the waste?
Various options are available for the disposal of fly-tipped waste. Some of the options are set out below. The options should always be discussed - before you take any action - with the local authority or the appropriate Agency. It is advisable to obtain written confirmation of the advice given to avoid any potential for misunderstanding.
You may:
- Ask the local authority to remove and dispose of the waste. Local Authorities do not need to be registered as carriers of waste. They can collect and remove any form of fly tipped waste on request. A fee will be charged. You should seek confirmation of the likely fee in writing before formally asking the Authority to remove the waste;
- Ask a registered waste carrier to remove and dispose of the waste.
Note that, in general, anyone who moves waste as a business (other than a local authority) must be registered as a carrier of waste. Registration is generally not needed where you remove waste from your own land for personal reasons. To avoid any suggestion that you are acting as an unlawful carrier of waste yourself in removing fly-tipped material, it is essential to get the prior agreement of the appropriate Agency to such action. The appropriate Agency can advise on what formal requirements (registration and the use of consignment notes) apply in relation to different quantities of different wastes. In asking someone else to remove fly tipped waste, you have a Duty of Care to ensure that you use a registered waste carrier, and that the waste will be disposed of at an appropriately licensed site. You should seek written proof on these points.
If the carrier (other than a local authority) states that he does not need to be registered, you should check his credentials with the appropriate Agency before letting him remove the waste. A fee will be charged by the carrier for any waste removed. You should secure written confirmation of the likely fee in writing before formally asking the waste carrier to remove the waste.
Reduce your chances of becoming a fly tipping victim
Consider action to reduce or prevent fly tipping or to increase the likelihood of incidents being detected (and thereby to deter further tipping). Advice can be sought from your local authority. This applies especially where fly tipping has already occurred on the land or in the neighbourhood.
Actions could include:
- lighting the site,
- installing video cameras,
- fencing the site,
- gating open path or road entries,
- closing up lay-bys or sites where vehicles can just pull off the road,
- clearing vegetation to increase visibility at sites where waste is tipped and so on.